United States Environmental Protection Agency
J* \ Washington, D.C. 20460
\W„ I FACT SHEET
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o The RCPP requires enforcement personnel to document their penalty calculations and supporting
evidence for both proposed penalties and settlement amounts in the case files. The Regions will
be required to send their penalty calculation worksheets to EPA Headquarters for periodic review
and analysis. This will help ensure that the RCPP is being implemented properly.
o Where a multiday penalty is sought, the Policy requires it to be calculated
using a multiday penalty matrix. The dollar amounts in each cell in the
multiday matrix range from 5% to 20% of the corresponding cell in the
gravity-based penalty matrix.
o The RCPP contains explicit guidance on how to select the appropriate cell in the gravity-based
matrix, how to calculate economic benefit, when to require multiday penalties and how to apply
mitigating factors to reduce/increase a penalty. The policy also includes several detailed sample
penalty calculations as guidance. Persons interested in knowing more about these topics are
encouraged to review the RCPP itself.
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Attachment
- HULTIDAY PENALTIES -
MULTIDAY GRAVITY-BASED PENALTY MATRIX
Extent of Deviation
From Regulatory Requirement
Potential
for
Harm
MAJOR
MODERATE
MINOR
MAJOR
M.
M.
Pr.
MODERATE
M.
Pr.
Dis .
MINOR
Pr.
Dis.
Dis.
Key: "M" means, "Mandatory"
"Pr." means, "Presumed"
"Dis." means, "Discretionary"
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