In January, the Environmental Protection Agency (EPA) increased penalties for violations of their environmental compliance programs. The last increase only occurred six months prior, in July 2016. The purpose of these penalty increases is to match inflation and to further instill compliance practices. Additionally, we can expect these increases to occur more frequently than has occurred in the past. The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 requires federal agencies to update penalties on an annual basis, while in the past penalties were adjusted nearly once every four years.
The new increased penalties apply to all violations that occurred from November 3, 2015 to present. Below is a breakdown of the penalty increase for environmental compliance programs:
Resource Conservation and Recovery Act (RCRA) Hazardous Waste Maximum Civil Penalty
Previous: $70,117 per day, per violation
Now: $71,264 per day, per violation
Clean Air Act Maximum Civil Penalty
Previous: $93,750 per day, per violation
Now: $95,284 per day, per violation
Clean Water Act Maximum Civil Penalty
Previous: $51,570 per day, per violation
Now: $52,414 per day, per violation
Safe Drinking Water Act Maximum Civil Penalty
Previous: $53,907 per day, per violation
Now: $54,789 per day, per violation
Toxic Substances Control Act (TSCA) Chemical Regulations Maximum Civil Penalty
Previous: $37,500 per day, per violation
Now: $38,114 per day, per violation
Emergency Planning and Community Right-to-Know Act (EPCRA) and Comprehensive Environmental Remediation, Compensation, and Liability Act (CERCLA) Chemical Emergency Preparedness and Reporting Maximum Civil Penalty
Previous: $53,907 per day, per violation
Now: $54,789 per day, per violation
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Maximum Civil Penalty
Previous: $18,750 per day, per violation
Now: $19,057 per day, per violation
If you and your facility management team are concerned about the increase in penalties for one or more of the above programs, Baron Environmental has an EHS Risk Mitigation Program that is designed to reduce risk and uncertainty for environmental and health and safety programs. For more information about Baron’s EHS Risk Mitigation Program please visit: http://www.baronenv.com/ehs-risk-mitigation.