40 C.F.R. § 80.5

Penalties

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Any person who violates these regulations shall be liable to the United States for a civil penalty of not more than the sum of $25,000 for every day of such violation and the amount of economic benefit or savings resulting from the violation. Any violation with respect to a regulation proscribed under section 211(c), (k), (l) or (m) of the Act which establishes a regulatory standard based upon a multi-day averaging period shall constitute a separate day of violation for each and every day in the averaging period. Civil penalties shall be assessed in accordance with section 205(b) and (c) of the Act. The civil monetary penalty amount listed in this section may not reflect recent inflation adjustments EPA is required to make. The current maximum and minimum statutory civil penalty amounts are located in § 19.4.

[58 FR 65554, Dec. 15, 1993, as amended at 89 FR 88655, Nov. 8, 2024]

Notes of Decisions

Cited in 5 cases, 1974–1998 · leading case: Amoco Oil Co. v. Env't Prot. Agency, 501 F.2d 722 (D.C. Cir. 1974).

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Amoco Oil Co. v. Env't Prot. Agency, 501 F.2d 722 (D.C. Cir. 1974). · cites it 2× “On pain of a civil fine of $10,000 per day, 40 C.F.R. § 80.5 , retailers, and their employees and agents, are forbidden to introduce leaded gasoline into cars marked or designed for exclusive use of unleaded fuel.”

Shell Oil Co. v. Meyer, 705 N.E.2d 962 (Ind. 1998). “40 C.F.R. §§ 80.5 & 80.22 (1997). 18 . "Law is the province of the judiciary, and courts rather than administrative agencies are charged with the responsibility to resolve questions of statutory construction.”

Phipps v. Clark Oil & Refining Corp., 396 N.W.2d 588 (Minn. Ct. App. 1987). “40 C.F.R. § 80.5 , § 80.23(e)(1) (1984). We hold that Phipps has stated a cause of action for wrongful termination under the public policy exception to the at-will employment doctrine.”

United States v. Sharp, 645 F. Supp. 337 (W.D. Mo. 1986). “§ 7545 (d), and 40 C.F.R. § 80.5 . On June 11, 1986, a consent judgment was entered against defendants Mark Sharp d/b/a Sharp Grocery and Loethen Oil Company.”

Amoco Oil Co. v. Env't Prot. Agency, Ashland Oil, Inc. & Skelly Oil Co. v. Env't Prot. Agency, Clark Oil & Refining Corp. v. Env't Prot. Agency, 501 F.2d 722 (D.C. Cir. 1974). · cites it 2× “On pain of a civil fine of $10,000 per day, 40 C.F.R. 80.5, retailers, and their employees and agents, are forbidden to introduce leaded gasoline into cars marked or designed for exclusive use of unleaded fuel.”

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