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] ------- 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] ------- 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] ------- 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] ------- |