Gravity based penalties increase

There are a few anachronisms in the 5 ERP to watch out for. The dollar values of the gravity based penalties are out of date because the maximum daily penalty has gone up from 25,000 to 37,500. ° To determine the correct penalties for violations occurring after January 12, 2009 each dollar value given in the 5 ERP must be multipKed by the ratio of the current maximum to the maximum in effect when the 5 ERP was written. That ratio is currently 37,500 divided by 25,000, or 1.5. For violations between January 31,1997 and March 15,2004, the gravity based penalties must be increased by a factor of 1.1. For violations between March 16, 2004 and January 12,2009 the gravity based penalties must be increased by a factor of 1.3. 

Another matrix supphes the gravity based penalties for each combination of nature, circumstances and extent. For the hypothetical Level 1, significant violation the daily penalty in the 5 ERP is 17,000. However, the penalties applicable to the violations in 2006,2007, and 2008 must be increased by a factor of 1.3, and the penalties applicable to the 2009 violations must be increased by a factor of 1.5 (assuming the manufacturing took place after January 12,2009). Therefore the gravity based penalties for the hypothetical are ... 

All of the ERPs follow the format and approach of the TSCA Civil Penalty PoUcy, which the EPA published in 1980. Each begins by determining gravity based penalties, which are the presumptive penalties for each possible type of violation. Then they apply adjustment factors to increase or reduce the gravity based penalties based on circumstances specific to each company. 

The dollar values assigned to the gravity based penalties in the ERPs must be recalculated because, as discussed supra, the EPA has increased the daily maximum penalties several times, most recently effective as of January 12,2009.57... 

---