Search

EPA Revises 40 CFR to Clarify Penalty Amounts

Posted on 12/2/2024 by Lion Technology Inc.

EPA is adding language to several sections of regulations in 40 CFR to clarify the price of civil penalties assessed for environmental violations.

To subparagraphs of regulations that address enforcement and/or civil penalties, EPA is adding new text that reads as follows: 

“The civil monetary penalty amount listed in this section may not reflect recent inflation adjustments EPA is required to make. The current maximum and minimum statutory civil penalty amounts are located in §19.4.”

For example: Under 40 CFR Part 372—Toxic Chemical Release Reporting, also known as TRI reporting and required by EPCRA—subparagraph 372.18 is titled “Compliance and enforcement.” 

In this subparagraph, EPA states that a penalty for violating this section is “not to exceed $25,000 per day, per violation.” If we look at 40 CFR 19.4—where the newly added text tells us to look—we see the current civil penalty amount actually exceeds $25,000 by a lot. In reality, EPCRA penalties assessed after December 27, 2023, can be as high as $69,733 per day, per violation.

EPA Revises 40 CFR to Clarify Penalty Amounts

Why Do the Regs Say $25,000? 

Throughout the regulations that implement US environmental programs are paragraphs that provide a minimum and/or maximum dollar amount a person can be made to pay for violating a rule. Typically, the maximum amount is $25,000. 

The $25,000 figure is called the “statutory” penalty amount, meaning it comes directly from a law (or “statute”) passed by Congress. Some of these laws—the Clean Air Act, Clean Water Act, EPCRA, CERCLA/Superfund, TSCA—were first passed in the 1970s and '80s. 

While Congress later amended many of these laws, the original statutory penalty amounts did not change. In 1990 and again in 2015, however, Congress passed laws directing regulatory agencies to update their maximum and minimum penalty amounts on a regular basis to keep pace with inflation. Today, agencies including US EPA, US DOT, and OSHA increase maximum and minimum civil penalties for violations on an annual basis.

Next EPA Penalty Increase Imminent 

Current law requires EPA (and other regulatory agencies) to increase civil penalties annually, based on inflation, before January 15 of each new year. Industry stakeholders should expect penalties to increase again later this month, or in early January. 

EPA's last penalty hike occurred in late December 2023. 

Find a Post

Compliance Archives

Lion - Quotes

Very well structured, comprehensive, and comparable to live training seminars I've participated in previously. I will recommend the online course to other colleagues with training requirement needs.

Neil Luciano

EHS Manager

As always, Lion never disappoints

Paul Resley

Environmental Coordinator

The exercises in the DOT hazardous materials management course are especially helpful in evaluating your understanding of course information.

Morgan Bliss

Principal Industrial Hygienist

The course was very well structured and covered the material in a clear, concise manner.

Ian Martinez

Hazmat Shipping Professional

My experience with Lion training, both online and in the classroom, is that they are far better organized and provide a better sequential explanation of the material.

Robert Roose

Manager, Dangerous Goods Transportation

Lion does a great job summarizing and communicating complicated EH&S-related regulations.

Michele Irmen

Sr. Environmental Engineer

The instructor kept the class engaged and made learning fun. There was a lot of information to cover but time flew by. I will definitely use Lion in the future!

Chelsea Minguela

Hazmat Shipping Professional

One of the best trainings I have ever received!

Brandon Morfin

EH&S Manager

This training broke down the regulations in an easy-to-understand manner and made them less overwhelming. I now feel I have the knowledge to make more informed decisions.

Amanda Oswald

Shipping Professional

No comparison. Lion has the best RCRA training ever!!

Matt Sabine

Environmental Specialist

Download Our Latest Whitepaper

In most cases, injuries that occur at work are work-related and must be recorded to maintain compliance with OSHA regulations. This report shows you the 9 types of injuries you don’t record.

Latest Whitepaper

By submitting your phone number, you agree to receive recurring marketing and training text messages. Consent to receive text messages is not required for any purchases. Text STOP at any time to cancel. Message and data rates may apply. View our Terms & Conditions and Privacy Policy.