Statutory and Regulatory Penalty Criteria

Section 113(d) (1) of the CAA, 42 U.S.C. § 7413(d)(1), authorizes the Administrator to assess civil administrative penalties for violations of the CAA or its implementing regulations. That section provides in relevant part as follows:

The Administrator may issue an administrative order against any person assessing a civil administrative penalty of up to $25,000, per day of violation, whenever, on the basis of any available information, the Administrator finds that such person …

has violated or is violating any other requirement or prohibition of subchapter I of this chapter.

Congress subsequently passed the Debt Collection Improvement Act of 1996, 31 U.S.C. § 3701, which requires the EPA to adjust maximum civil penalties to take into account inflation. On June 27, 1997, EPA promulgated the Adjustment of Civil Monetary Penalties for Inflation Rule, 40 C.F.R. part 19, which sets the maximum allowable administrative penalty per day of violation of the CAA at $27,500.