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

I really enjoyed this training. Even after years on both sides of the comprehension coin, I find myself still learning! The quality of the delivery exceeded much of the training I have received in the past.

Neil Ozonur

Safety Officer

The instructor was great, explaining complex topics in terms that were easily understandable and answering questions clearly and thoroughly.

Brittany Holm

Lab Supervisor

Lion's course was superior to others I have taken in the past. Very clear in the presentation and the examples helped to explain the content presented.

George Bersik

Hazardous Waste Professional

The instructor was probably the best I ever had! He made the class enjoyable, was humorous at times, and very knowledgeable.

Mary Sue Michon

Environmental Administrator

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

Teresa Arellanes

EHS Manager

Well designed and thorough program. Excellent summary of requirements with references. Inclusion of regulations in hard copy form, as well as full electronic with state pertinent regulations included is a great bonus!

Oscar Fisher

EHS Manager

I like the consistency of Lion workshops. The materials are well put together and instructors are top notch!

Kevin Pylka

Permitting, Compliance & Environmental Manager

Our instructor was very dynamic and kept everyone's interest. Hazmat shipping can be a dry, complicated topic but I was engaged the entire time.

Kimberly Arnao

Senior Director of EH&S

Best instructor ever! I was going to take my DOT training w/a different provider, but based on this presentation, I will also be doing my DOT training w/Lion!

Donna Moot

Hazardous Waste Professional

I have been to other training companies, but Lion’s material is much better and easier to understand.

Mark Abell

Regional Manager

Download Our Latest Whitepaper

In-flight hazmat incidents can be disastrous. This guide gives 5 tips for first-time air shippers to consider before offering dangerous goods for transportation on passenger or cargo aircraft.

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.