In 1997, the Agency issued interim guidance for settling noncompliance with administrative orders under Section 106(b)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, commonly referred to as Superfund). See Issuance of Interim Policy on Settlement of CERCLA Section 106(b)(1) Penalty Claims and Section 107(b)(3) Punitive Damage Claims for Noncompliance with Administrative Orders (9/30/1997). The interim guidance includes a penalty matrix to determine the appropriate penalties for violations of Section 106(b)(1) based on the statutory daily maximum penalty.

The Agency updates this penalty matrix for the CERCLA § 106(b)(1) civil penalty policy in compliance with the "Civil Monetary Penalty Inflation Adjustment Rule." The rule requires adjustments to federal maximum civil monetary penalties to keep pace with inflation and to maintain the deterrent effect.

EPA recently revised the penalty matrix for the CERCLA § 106(b)(1) civil penalty policy on September 6, 2016.

Beginning in 2018 the maximum daily penalty will be adjusted for inflation and a revised matrix will be issued annually to reflect that adjustment.

The following CERCLA § 106(b)(1) penalty matrices have been issued to update the penalty matrix contained in the 1997 guidance:

The CERCLA § 106(b)(1) penalty matrices referenced in the above table are available for download:

• 2016 Revised Penalty Matrix for CERCLA § 106(b)(1) Civil Penalty Policy (PDF)(3 pp, 629 K)
• 2009 Revised Penalty Matrix for CERCLA Section 106(b)(1) Civil Penalty Policy (PDF)(3 pp, 44 K, 7/7/2009)
• 2005 Revised Penalty Matrix for CERCLA Section 106(b)(1) Civil Penalty Policy (PDF)(2 pp, 43 K, 4/20/2005)