EPA Penalties Increase

On January 15, 2018, increased EPA civil penalty levels went into effect. These penalty increases, which are intended to keep up with inflation, increase the maximum civil penalties EPA can impose for violations of environmental laws by two percent.

  • Clean Air Act (CAA): $97,229 (from $95,284)
  • Clean Water Act (CWA): $53,484 (from $52,414)
  • Resource Conservation Recovery Act (RCRA): $72,718 (from $71,264)
  • Safe Drinking Water Act (SDWA): $55,907 (from $54,789)
  • Toxic Substances Control Act (TSCA): $38,892 (from $38,114)
  • Emergency Planning and Community Right-to-Know Act (EPCRA): $55,907 (from $54,789)
  • Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA): $19,446 (from $19,057)

money stack
The increased maximum penalty levels apply to penalties assessed after January 2, 2018.

Most penalties do not reach these maximum levels, however, as various factors are used to determine proposed penalty amounts. In addition, EPA continues to encourage the use of Supplemental Environmental Projects (SEP) to offset penalty amounts with advanced environmental protection measures negotiated with violators.