With the new year here, both the Environmental Protection Agency (EPA) and Department of Transportation (DOT) have recently increased maximum monetary civil penalties for 2024. These increases come annually to reflect current inflation rates.
The EPA, as of December 27, 2023, have published the following new maximum penalty rates:
Major US EPA Programs Previous Penalty New Penalty
Resource Conservation and Recovery Act (RCRA) $87,855 $90,702
Clean Air Act (CAA) $117,468 $121,275
Clean Water Act (CWA) $64,618 $66,712
Superfund and Right-to-Know (CERCLA/EPCRA) $67,544 $69,733
Safe Drinking Water Act (SDWA) $67,544 $69,733
Toxic Substances Control Act (TSCA) $46,989 $48,512
Insecticides, Fungicides, and Rodenticides (FIFRA) $23,494 $24,255
In addition to these, there is also a difference in an initial CERCLA violation, which is $69,733, as listed above, and a subsequent CERCLA violation, which is $209,202.
Under the DOT’s 49 CFR Hazmat Shipping and Transportation regulation, penalty amounts for 2024 have also increased, as follows:
Hazardous Materials Violation $99,756 per day, per violation (maximum penalty)
Violations resulting in death,
serious illness, severe injury, or
substantial property damage $232,762 per day/violation (maximum penalty)
Hazmat Training Violation $601 per day, per employee (minimum penalty)
$99,756 per day, per employee (maximum penalty)
At ATN we have EHS Solutions that can help you avoid these penalties and citations, whether your need is classroom training, technical assistance, or a combination or training and technical assistance. If we can support you with any of your needs please don’t hesitate to contact our EHS Team.
Contact us at ehsteam@atn.org.
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