Alert! It’s That Time of Year Again: EPA Increases Fines for Civil Non-Compliance

On December 27, 2023, the Environmental Protection Agency (EPA) published a final rule in the Federal Register adjusting upward the maximum monetary civil penalties for violating its regulations. The final rule raised the minimum and maximum fines for 2024 by about 3.2 percent from their 2023 levels. The new penalty amounts became effective on December 27, 2023, and will only apply to violations that take place after that date.

EPA, along with other federal agencies, is required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, to publish its annual civil penalties update no later than January 15 each year. See White House Office of Management and Budget guidance.

The 2024 adjustment applies to penalties under major environmental statutes EPA administers, including the Toxic Substances Control Act (TSCA), Clean Water Act (CWA), Safe Drinking Water Act (SDWA), Resource Conservation and Recovery Act (RCRA), Clean Air Act (CAA), and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as well as the Emergency Planning and Community Right-to-Know Act (EPCRA). Below are examples of EPA’s new civil penalties:

Statute	2024 Civil Penalties	2023 Civil Penalties
CWA:	$66,712 per day for each violation[i]	$64,618 per day for each violation
CAA:	$57,617[ii]	$55,808
CERCLA:	$69,733 per day (initial violation) $209,202 maximum penalty (subsequent violation)[iii]	$67,544 per day (initial violation) $202,635 maximum penalty (subsequent violation)
RCRA:	$90,702 maximum per day[iv]	$87,855 maximum per day to $90,702
TSCA:	$48,512 maximum per day[v]	$46,989 maximum per day

 

 

 

 

 

 

 

A full listing of EPA’s new civil penalties maximums can be found in Table 1 of 40 C.F.R. § 19.4, as shown at the end of the final rule. While violations of the environmental statutes may not always result in a maximum penalty, EPA-regulated entities should take note of this increase, as these new numbers guide EPA enforcement personnel as they decide actions to pursue, considering factors such as “the seriousness of the violation” or “the violator’s good faith efforts to comply.”

As always, Crowell, with its team of experienced energy and environmental regulatory, investigation, and enforcement attorneys, is equipped to provide effective representation and counseling at every step of the compliance and enforcement processes—including to prevent adverse action before EPA sets its sights on your company.