EPA Increases Penalties for Environmental Noncompliance

Posted on 1/12/2022 by Roger Marks

US EPA increased its maximum monetary civil penalties for violations of air, water, chemical, and hazardous waste programs on January 12, 2022. The Final Rule increases the maximum penalty amounts to keep pace with inflation, an annual occurrence since 2015.

When civil penalties rise, so does the value of environmental compliance. While typical environmental violations don't result in maximum penalties, these figures will guide EPA's enforcement decisions in the new year. The larger penalty amounts shown below will apply to environmental violations that occurred after November 2, 2015, for which penalties are assessed on or after January 12, 2022. 

Updated EPA Civil Penalties

Civil penalty figures are current as of January 12, 2022. EPA assesses civil penalties on a per day, per violation basis.
EPA Program Before 1/12/22      After 1/12/22
Resource Conservation and Recovery Act (RCRA)   $76,764   $81,540  
Clean Air Act (CAA) $102,638 $109,024
Clean Water Act (CWA) $56,460 $59,973
Emergency Planning/ Right-to-Know Act (EPCRA) $59,017 $62,689
Comp. Environmental Response... Act (CERCLA) $59,017 $62,689
Safe Drinking Water Act (SDWA $59,017 $62,689
Toxic Substances Control Act (TSCA $41,056 $43,611
Fed Insecticide, Fungicide/Rodenticide Act (FIFRA) $20,528 $21,805
environmental compliance training January 2022

To see penalty increases for other EPA programs like CASCO, MPRSA, and the Battery Act, view the Final Rule in the Federal Register.

The updated penalty amounts are in effect as of January 12, 2022.

Tags: environmental compliance, EPA, fines and penalties

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