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REVISIONS PROPOSED FOR COMPUTER MODEL FOR CALCULATING CIVIL PENALTIES

Release Date: 06/17/99
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FOR RELEASE: THURSDAY, JUNE 17, 1999
REVISIONS PROPOSED FOR COMPUTER MODEL
FOR CALCULATING CIVIL PENALTIES

EPA is seeking public comments in the Federal Register today to changes the approach used to calculate a violator’s economic benefit from noncompliance with federal environmental laws and regulations. Most of the proposed changes will affect the Agency’s "BEN" computer model, which is used to calculate economic benefit in civil enforcement case settlements. The economic benefit is the amount of money a violator saves from noncompliance with the law. Federal courts and the Agency are required to consider a violator’s economic benefit when imposing civil penalties under various environmental statues. Today’s FR notice include summaries of public comments received in response to an Oct. 9, 1996, FR notice that addressed the mechanism for recapturing the economic benefit of noncompliance; the methodology and assumptions incorporated into the Agency’s BEN computer model; and the BEN model’s precision and user-friendliness. It also includes EPA’s responses to those comments and proposed changes. Written comments must be submitted in triplicate by July 30 to: U.S. Environmental Protection Agency, Office of Enforcement and Compliance Assurance, Economic Benefit Docket Clerk, Mail Code 2248-A, 401 M. St., S.W., Washington, D.C. 20460, and should reference this docket. Public comments may be reviewed at the Ariel Rios Federal Building, 1200 Pennsylvania Ave., N.W., Washington, D.C. 20004 by calling 202-564-2235. For further information, contact Jonathan Libber, Multimedia Enforcement Division, Office of Regulatory Enforcement at 202-564-6102 or email: libber.jonathan@epamail.epa.gov.

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