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EPA Raises Penalties for Environmental Violations

March 23, 2017

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.  

 

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