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

Lion is easily and consistently the best option for compliance training. I've learned new information from every instructor I've had.

Rachel Mathis

EHS Specialist

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

Ian Martinez

Hazmat Shipping Professional

The instructor was very dedicated to providing a quality experience. She did her best to make sure students were really comprehending the information.

Stephanie Venn

Inventory Control Specialist

Lion is my preferred trainer for hazmat and DOT.

Jim Jani

Environmental Coordinator

I will never go anywhere, but to Lion Technology.

Dawn Swofford

EHS Technician

The online course was well thought out and organized, with good interaction between the student and the course.

Larry Ybarra

Material Release Agent

If I need thorough training or updating, I always use Lion. Lion is always the best in both instruction and materials.

Bryce Parker

EHS Manager

The price was reasonable, the time to complete the course was manageable, and the flexibility the online training allowed made it easy to complete.

Felicia Rutledge

Hazmat Shipping Professional

The instructor clearly enjoys his job and transmits that enthusiasm. He made a dry subject very interesting and fun.

Teresa Arellanes

EHS Manager

The training was impressive. I am not a fan of online training but this was put together very well. I would recommend Lion to others.

Donnie James

Quality Manager

Download Our Latest Whitepaper

The definitive 10-step guide for new hazardous materials shipping managers. Quickly reference the major considerations and details that impact hazmat shipping compliance.

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.