Inflation Adjustment References for Civil Monetary Penalty Amounts in Title 40 of the Code of Federal Regulations

SUPPLEMENTARY INFORMATION:

I. Why is the EPA using a direct final rule?

The EPA is publishing this rule without a prior proposed rulemaking because we view this as a noncontroversial action and anticipate no adverse comment because this matter is clerical in nature as these are minor technical amendments where there is no substantive issue and the EPA finds it has good cause to forgo notice and comment because notice and comment would be unnecessary and contrary to the public interest in understanding where the most current penalty limits may be found. If the EPA receives adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect. Any parties interested in commenting must do so at this time. For further information about commenting on this rule, see the ADDRESSES section of this document.

II. Background

The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act) requires each Federal agency to adjust the level of statutory civil monetary penalties under the laws implemented by that agency with annual adjustments to account for inflation. The purpose of the 2015 Act is to maintain the deterrent effect of civil monetary penalties by translating originally enacted statutory civil penalty amounts to today's dollars. The EPA promulgates annual rules as required by the 2015 Act to adjust the statutory maximum and minimum civil penalty amounts in 40 CFR 19.4.

Currently, there are statutory civil penalty amounts in 40 CFR parts 51, 79, 80, 85, 122, 300, 372, 501, 704, 745, 763, 790, 1036, and 1037, that were previously correct when promulgated but are no longer accurate because they have not been adjusted for inflation. This rule adds language in 16 instances throughout CFR Title 40 stating the current inflation adjusted figures can be found in 40 CFR 19.4. With these revisions, the corrected regulatory provisions will now be adjusted annually per the 2015 Act.

III. Statutory and Executive Order Reviews

Additional information about these statutes and Executive orders can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive Order 14094: Modernizing Regulatory Review

This action is not a significant regulatory action as defined in Executive Order 12866, as amended by Executive Order 14094, and was therefore not subject to a requirement for Executive Order 12866 review.

B. Paperwork Reduction Act (PRA)

This action does not impose an information collection burden under the PRA. This action contains no information collection activities and, therefore, no information collection request will be submitted to the Office of Management and Budget for review under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. This rule adds a sentence to statutory civil penalty amounts in 40 CFR parts 51, 79, 80, 85, 122, 300, 372, 501, 704, 745, 763, 790, 1036, and 1037, stating the current statutory penalty amount can be found in 40 CFR 19.4.

C. Regulatory Flexibility Act (RFA)

This action is not subject to the RFA. The RFA applies only to rules subject to notice and comment rulemaking requirements under the Administrative Procedures Act (APA), 5 U.S.C. 553, or any other statute. This rule is not subject to notice and comment requirements because this rule fits with the APA's “good cause” exemption under 5 U.S.C. 553(b).

D. Unfunded Mandates Reform Act (UMRA)

This action does not contain an unfunded mandate as described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect small governments. The action imposes no enforceable duty on any state, local, or tribal governments or the private sector.

E. Executive Order 13132: Federalism

This action does not have federalism implications. It will not have substantial direct effects on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments

This action does not have tribal implications as specified in Executive Order 13175. This action simply inserts language to inform the public of the current statutory civil monetary penalty amounts. Accordingly, this rule will not have a substantial direct effect on tribal governments, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks

The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of “covered regulatory action” in section 2-202 of the Executive Order. This action is not subject to Executive Order 13045 because it does not concern an environmental health risk or safety risk. Since this action does not concern human health, the EPA's Policy on Children's Health also does not apply.

H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use

This action is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

This rule does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations and Executive Order 14096: Revitalizing Our Nation's Commitment to Environmental Justice for All

The EPA believes that this type of action does not concern human health or environmental conditions and therefore cannot be evaluated with respect to potentially disproportionate and adverse effects on communities with environmental justice concerns. These corrections have no substantive impact; they simply notify readers that accurate inflation adjusted statutory penalty amounts can be found in 40 CFR 19.4.

K. Congressional Review Act (CRA)

This action is subject to the CRA, and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a “major rule” as defined by 5 U.S.C. 804(2).

For the reasons set out in the preamble, the EPA amends title 40, chapter I, parts 51, 79, 80, 85, 122, 300, 372, 501, 704, 745, 763, 790, 1036, and 1037 of the Code of Federal Regulations as follows:

1. The authority citation for part 51 continues to read as follows:

Authority: 23 U.S.C. 101; 42 U.S.C. 7401-7671q.

2. Amend § 51.493 by adding two sentences to the end of paragraph (i)(2) to read as follows:

3. The authority citation for part 79 continues to read as follows:

Authority: 42 U.S.C. 7414, 7524, 7545 and 7601.

4. Amend § 79.8 by adding two sentences to the end of the text to read as follows:

5. Amend § 79.51 by adding paragraph(f)(7) to read as follows:

6. The authority citation for part 80 continues to read as follows:

Authority: 42 U.S.C. 7414, 7521, 7542, 7545, and 7601(a).

7. Amend § 80.5 by adding two sentences to the end of the text to read as follows:

8. The authority citation for part 85 continues to read as follows:

Authority: 42 U.S.C. 7401-7671q.

9. Amend § 85.1513 by adding two sentences to the end of paragraph (d) to read as follows:

10. The authority citation for part 122 continues to read as follows:

Authority: 33 U.S.C. 1251 et seq.

11. Amend § 122.41 by adding paragraph (a)(4) to read as follows:

12. The authority citation for part 300 continues to read as follows:

Authority: 33 U.S.C. 1251 et seq.; 42 U.S.C. 9601-9657; E.O. 13626, 77 FR 56749, 3 CFR, 2013 Comp., p. 306; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp., p. 193.

13. Amend § 300.400 by adding two sentences to the end of paragraph (d)(4)(iv)(D) to read as follows:

14. The authority citation for part 372 continues to read as follows:

Authority: 42 U.S.C. 11023 and 11048.

15. Amend § 372.18 by adding two sentences to the end of the text to read as follows:

16. The authority citation for part 501 continues to read as follows:

Authority: 33 U.S.C. 1251 et seq.

17. Amend § 501.15 by adding two sentences to the end of paragraph (b)(3) to read as follows:

18. Amend § 501.17 by adding two sentences to the end of paragraph (a)(3)(i) to read as follows:

19. The authority citation for part 704 continues to read as follows:

Authority: 15 U.S.C. 2607(a).

20. Amend § 704.13 by adding two sentences to the end of the text to read as follows:

21. The authority citation for part 745 continues to read as follows:

Authority: 15 U.S.C. 2605, 2607, 2681-2692 and 42 U.S.C. 4852d.

22. Amend § 745.118 by adding two sentences to the end of paragraph (f) to read as follows:

23. The authority citation for part 763 continues to read as follows:

Authority: 15 U.S.C. 2605, 2607(c), 2643, and 2646.

24. Amend § 763.97 by adding paragraph (g) to read as follows:

25. The authority citation for part 790 continues to read as follows:

Authority: 15 U.S.C. 2603.

26. Amend § 790.65 by adding two sentences to the end of paragraph (c) to read as follows:

27. The authority citation for part 1036 continues to read as follows:

Authority: 42 U.S.C. 7401—7671q.

28. Amend § 1036.601 by adding two sentences to the end of paragraph (a)(3) to read as follows:

29. The authority citation for part 1037 continues to read as follows:

Authority: 42 U.S.C. 7401-7671q.

30. Amend § 1037.601 by adding two sentences to the end of paragraph (a)(5) to read as follows:

[FR Doc. 2024-25669 Filed 11-7-24; 8:45 am]

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