On January 6, 2023, EPA published revisions to 40 CFR Part 19, Civil Monetary Penalty Inflation Adjustment Rule in the Federal Register. The rule adjusts the maximum (and minimum) statutory civil monetary amounts for the statutes administered by EPA. For the Clean Air Act, the rule increased penalties from $109,024 per day per violation to $117,468 per day per violation. The rule also increases the monetary penalty for Clean Water Act violations from $59,973 to $64,618. This highest statutory civil penalty tier applies to violations that occurred after November 2, 2015, where penalties are assessed on or after January 6, 2023. A second monetary penalty tier applies to violations that occurred after November 2, 2015, where penalties are assessed on or after January 12, 2022, but before January 6, 2023. The rule becomes effective on January 6, 2023. A copy of the rule is available here.
EPA Publishes Revisions to the Civil Monetary Penalty Inflation Adjustment Rule
