By: Steven M. Siros

Effective December 11, 2013, penalties for violations of certain environmental statutes will go up. According to a final rule issued by the United States Environmental Protection Agency, 20 of the 88 statutory penalty provisions are being increased in order to adjust for inflation. Although the standard daily fine for violations of the CWA, CAA, CERCLA, and TSCA will remain at $37,500, other penalties have increased substantially. For example, the fine for violating a CAA State Implementation Plan jumped from $295,000 to $320,000 and the maximum fine for hazardous releases under CERCLA is increasing from $107,500 to $117,500. Per the Debt Collection Improvement Act of 1996, U.S. EPA is required to review its penalties every four years and adjust those penalties to take into account inflation and cost of living increases under the consumer price index. Please click here to see a copy of the final rule and accompanying table that reflects these penalty adjustments.