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EPA Raises NSR Penalties, February 16, 2021 Eric L. Hiser

In the closing days of the Trump Administration, EPA released its annual "Civil Monetary Penalty Inflation Adjustment" for various penalties, including the Clean Air Act's NSR provisions. The new "per day per violation" penalty for NSR violations is $102,638. See 85 Fed. Reg. 83818 (Dec. 23, 2020). NSR issues, which can persist for years due to their permitting nature, can reach $37.5 million/year just for the permitting issue and the same for an incorrect best available control technology determination. Penalties in this range both act as a deterrent to violation and as barrier to judicial review, as few facilities can risk court.

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