Attachment C, effective August 8, 2016
Clarification to OSWER Directive 9610.12
Use in place of Exhibit 4 (page 16)
Exhibit 4.A
Matrix Values for Determining the
Gravity-Based Component of a Penalty
(Use for Violations that Occurred after March 15, 2004 through January 12, 2009)
Extent of Deviation from Requirement
Major
Moderate
Minor
CD
x
TO
c
a>
o
CL
1,930
1,290
650
970
650
320
260
130
70

NOTE: These amounts constitute the matrix value only. They are not the initial penalty target
figure. The initial penalty target figure is calculated as follows:
Initial Penalty
Target Figure
Economic
= Benefit h
Component
/ MATRIX
\ VALUE
Violator Environmental Days of
x Specific x Sensitivity x Noncompliance
Adjustment Multiplier
Multiplier
Note: Original values provided in Directive 9610.12, November 14, 1990 have been adjusted for inflation by
multiplying by 1.2895, reflecting the 10% increase, and the 17.23% increase [1.10 x 1.1723 = 1.2895] in accordance
with December 29, 2008 Amendments to EPA's Civil Penalty Policies to Implement the 2008 Civil Monetary Penalty
Inflation Adjustment Rule (Effective January 12, 2009). Resulting values were rounded to the nearest whole number
then rounded to the nearest 10.
[Directive 9610.12]

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Attachment C, effective August 8, 2016
Clarification to OSWER Directive 9610.12
Use in place of Exhibit 4 (page 16)
Exhibit 4.B
Matrix Values for Determining the
Gravity-Based Component of a Penalty
(Use for Violations that Occurred after January 12, 2009 through December 6, 2013)
Extent of Deviation from Requirement
CD
x
TO
C
0)
O
CL
Major
/Moderate
y/' Minor




~
2,120
1,420
710

1,060
710
350

280
140
70

NOTE: These amounts constitute the matrix value only. They are not the initial penalty target
figure. The initial penalty target figure is calculated as follows:
.. Economic
Initial Penalty ^
3 = Benefit *
Target Figure ~	.
a a Component
/ MATRIX
I VALUE
Violator Environmental Days of
x Specific x Sensitivity x Noncompliance
Adjustment Multiplier
Multiplier
Note: Original values provided in Directive 9610.12, November 14, 1990 have been adjusted for inflation by
multiplying By 1.4163 reflecting the 10% increase, the 17.23% increase, and the 9.83% increase [1.10 x 1.1723 x
1.0983 = 1.4163] in accordance with December 6, 2013 Amendments to EPA's Civil Penalty Policies to Implement
the 2013 Civil Monetary Penalty Inflation Adjustment Rule (Effective December 6, 2013). Resulting values were
rounded to the nearest whole number then rounded to nearest 10.
[Directive 9610.12]

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Attachment C, effective August 8, 2016	Clarification to OSWER Directive 9610.12
Use in place of Exhibit 4 (page 16)
Exhibit 4.C
Matrix Values for Determining the
Gravity-Based Component of a Penalty
(Use for Violations that Occurred after December 6, 2013 through November 2, 2015)
Extent of Deviation from Requirement
Major
Moderate
Minor
2,230
1,490
740
E
TO
X
a
740
370
CO
>
c
CD
>
O
CL
300
150
NOTE: These amounts constitute the matrix value only. They are not the initial penalty target
figure. The initial penalty target figure is calculated as follows:
¦ « + n	Economic	Violator Environmental Days of
11	^ = Benefit +(	x Specific x Sensitivity x Noncompliance
arge igure Q0rr,p0nent y U Adjustment Multiplier Multiplier
Note: Original values provided in Directive 9610.12, November 14, 1990 have been adjusted for inflation by
multiplying By 1.4853 reflecting the 10% increase, the 17.23% increase, the 9.83% increase, and the 4,87% increase
[1.10 x 1.1723 x 1.0983 x 1.0487 = 1.4853] in accordance with December 6, 2013 Amendments to EPA's Civil
Penalty Policies to Implement the 2013 Civil Monetary Penalty Inflation Adjustment Rule (Effective December 6,
2013). Resulting values were rounded to the nearest whole number then rounded to nearest 10.
[Directive 9610.12]

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Attachment C, effective August 8, 2016
Clarification to OSWER Directive 9610.12
Use in place of Exhibit 4 (page 16)
Exhibit 4.D
Matrix Values for Determining the
Gravity-Based Component of a Penalty
(Use for Violations Occurring after November 2, 2015)
Extent of Deviation from Requirement
Major
Moderate
Minor
CD
x
¦2
TO
C
0)
O
CL
2,670
1,780
890
1,340
890
450
360
180
90
NOTE: These amounts constitute the matrix value only. They are not the initial penalty target
figure. The initial penalty target figure is calculated as follows:
.	u Economic
Initial Penalty ^
3 = Benefit *
Target Figure ~	.
a a Component

MATRIX
I VALUE
Violator Environmental Days of
x Specific x Sensitivity x Noncompliance
Adjustment Multiplier Multiplier
Note: Original values provided in Directive 9610.12, November 14, 1990 have been adjusted for inflation by
multiplying by 1.78156 in accordance with July 27, 2016 Amendments to EPA's Civil Penalty Policies to Implement
the 2016 Civil Monetary Penalty Inflation Adjustment Rule (Effective August 1, 2016). Resulting values were rounded
to the nearest whole number then rounded to the nearest 10.
[Directive 9610.12]

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