---
kind: "section"
citation: "42 U.S.C. § 7524"
title: "42"
title_heading: "The Public Health and Welfare"
number: "7524"
heading: "Civil penalties"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/7524"
units:
  - "Chapter 85 — Air Pollution Prevention and Control"
  - "Subchapter II — Emission Standards for Moving Sources"
  - "Part A — Motor Vehicle Emission and Fuel Standards"
---

# §7524. Civil penalties

- (a) **Violations—** Any [person](/usc/42/7602.md?p=e) who violates sections[^1] 7522(a)(1), 7522(a)(4), or [7522(a)(5)](/usc/42/7522.md?p=a-5) of this title or any [manufacturer](/usc/42/7550.md?p=1) or [dealer](/usc/42/7550.md?p=4) who violates [section 7522(a)(3)(A) of this title](/usc/42/7522.md?p=a-3-A) shall be subject to a civil penalty of not more than $25,000. Any [person](/usc/42/7602.md?p=e) other than a [manufacturer](/usc/42/7550.md?p=1) or [dealer](/usc/42/7550.md?p=4) who violates [section 7522(a)(3)(A) of this title](/usc/42/7522.md?p=a-3-A) or any [person](/usc/42/7602.md?p=e) who violates [section 7522(a)(3)(B) of this title](/usc/42/7522.md?p=a-3-B) shall be subject to a civil penalty of not more than $2,500. Any such [violation](/usc/42/2000e–16a.md?p=c) with respect to paragraph (1), (3)(A), or (4) of [section 7522(a) of this title](/usc/42/7522.md?p=a) shall constitute a separate offense with respect to each [motor vehicle](/usc/42/7550.md?p=2) or [motor vehicle](/usc/42/7550.md?p=2) engine. Any such [violation](/usc/42/2000e–16a.md?p=c) with respect to [section 7522(a)(3)(B) of this title](/usc/42/7522.md?p=a-3-B) shall constitute a separate offense with respect to each part or component. Any [person](/usc/42/7602.md?p=e) who violates [section 7522(a)(2) of this title](/usc/42/7522.md?p=a-2) shall be subject to a civil penalty of not more than $25,000 per day of [violation](/usc/42/2000e–16a.md?p=c).
- (b) **Civil actions—** The [Administrator](/usc/42/7602.md?p=a) may commence a civil action to assess and recover any civil penalty under [subsection (a)](#a) of this section, [section 7545(d) of this title](/usc/42/7545.md?p=d), or [section 7547(d) of this title](/usc/42/7547.md?p=d). Any action under this subsection may be brought in the district court of the United States for the district in which the [violation](/usc/42/2000e–16a.md?p=c) is alleged to have occurred or in which the defendant resides or has the [Administrator](/usc/42/7602.md?p=a)’s principal place of business, and the court shall have jurisdiction to assess a civil penalty. In determining the amount of any civil penalty to be assessed under this subsection, the court shall take into account the gravity of the [violation](/usc/42/2000e–16a.md?p=c), the economic benefit or savings (if any) resulting from the [violation](/usc/42/2000e–16a.md?p=c), the size of the violator’s business, the violator’s history of compliance with this subchapter, action taken to remedy the [violation](/usc/42/2000e–16a.md?p=c), the effect of the penalty on the violator’s ability to continue in business, and such other matters as justice may require. In any such action, subpoenas for witnesses who are required to attend a district court in any district may run into any other district.
- (c) **Administrative assessment of certain penalties—**
  - (1) **Administrative penalty authority—** In lieu of commencing a civil action under [subsection (b)](#b), the [Administrator](/usc/42/7602.md?p=a) may assess any civil penalty prescribed in [subsection (a)](#a) of this section, [section 7545(d) of this title](/usc/42/7545.md?p=d), or [section 7547(d) of this title](/usc/42/7547.md?p=d), except that the maximum amount of penalty sought against each violator in a penalty assessment proceeding shall not exceed $200,000, unless the [Administrator](/usc/42/7602.md?p=a) and the Attorney General jointly determine that a matter involving a larger penalty amount is appropriate for administrative penalty assessment. Any such determination by the [Administrator](/usc/42/7602.md?p=a) and the Attorney General shall not be subject to judicial review. Assessment of a civil penalty under this subsection shall be by an order made on the record after opportunity for a hearing in accordance with sections 554 and 556 of title 5. The [Administrator](/usc/42/7602.md?p=a) shall issue reasonable rules for discovery and other procedures for hearings under this paragraph. Before issuing such an order, the [Administrator](/usc/42/7602.md?p=a) shall give written notice to the [person](/usc/42/7602.md?p=e) to be assessed an administrative penalty of the [Administrator](/usc/42/7602.md?p=a)’s proposal to issue such order and provide such [person](/usc/42/7602.md?p=e) an opportunity to request such a hearing on the order, within 30 days of the date the notice is received by such [person](/usc/42/7602.md?p=e). The [Administrator](/usc/42/7602.md?p=a) may compromise, or remit, with or without conditions, any administrative penalty which may be imposed under this section.
  - (2) **Determining amount—** In determining the amount of any civil penalty assessed under this subsection, the [Administrator](/usc/42/7602.md?p=a) shall take into account the gravity of the [violation](/usc/42/2000e–16a.md?p=c), the economic benefit or savings (if any) resulting from the [violation](/usc/42/2000e–16a.md?p=c), the size of the violator’s business, the violator’s history of compliance with this subchapter, action taken to remedy the [violation](/usc/42/2000e–16a.md?p=c), the effect of the penalty on the violator’s ability to continue in business, and such other matters as justice may require.
  - (3) **Effect of Administrator’s action—**
    - (A) Action by the [Administrator](/usc/42/7602.md?p=a) under this subsection shall not affect or limit the [Administrator](/usc/42/7602.md?p=a)’s authority to enforce any provision of this chapter; except that any [violation](/usc/42/2000e–16a.md?p=c),
      - (i) with respect to which the [Administrator](/usc/42/7602.md?p=a) has [commenced](/usc/42/7479.md?p=2-A) and is diligently prosecuting an action under this subsection, or
      - (ii) for which the [Administrator](/usc/42/7602.md?p=a) has issued a final order not subject to further judicial review and the violator has paid a penalty assessment under this subsection,

      shall not be the subject of civil penalty action under [subsection (b)](#b).

    - (B) No action by the [Administrator](/usc/42/7602.md?p=a) under this subsection shall affect any [person](/usc/42/7602.md?p=e)’s obligation to comply with any section of this chapter.
  - (4) **Finality of order—** An order issued under this subsection shall become final 30 days after its issuance unless a petition for judicial review is filed under [paragraph (5)](#c-5).
  - (5) **Judicial review—** Any [person](/usc/42/7602.md?p=e) against whom a civil penalty is assessed in accordance with this subsection may seek review of the assessment in the United States District Court for the District of Columbia, or for the district in which the [violation](/usc/42/2000e–16a.md?p=c) is alleged to have occurred, in which such [person](/usc/42/7602.md?p=e) resides, or where such [person](/usc/42/7602.md?p=e)’s principal place of business is located, within the 30-day period beginning on the date a civil penalty order is issued. Such [person](/usc/42/7602.md?p=e) shall simultaneously send a copy of the filing by certified mail to the [Administrator](/usc/42/7602.md?p=a) and the Attorney General. The [Administrator](/usc/42/7602.md?p=a) shall file in the court a certified copy, or certified index, as appropriate, of the record on which the order was issued within 30 days. The court shall not set aside or remand any order issued in accordance with the requirements of this subsection unless there is not substantial evidence in the record, taken as a whole, to support the finding of a [violation](/usc/42/2000e–16a.md?p=c) or unless the [Administrator](/usc/42/7602.md?p=a)’s assessment of the penalty constitutes an abuse of discretion, and the court shall not impose additional civil penalties unless the [Administrator](/usc/42/7602.md?p=a)’s assessment of the penalty constitutes an abuse of discretion. In any proceedings, the United States may seek to recover civil penalties assessed under this section.
  - (6) **Collection—** If any [person](/usc/42/7602.md?p=e) fails to pay an assessment of a civil penalty imposed by the [Administrator](/usc/42/7602.md?p=a) as provided in this subsection—
    - (A) after the order making the assessment has become final, or
    - (B) after a court in an action brought under [paragraph (5)](#c-5) has entered a final judgment in favor of the [Administrator](/usc/42/7602.md?p=a),

    the [Administrator](/usc/42/7602.md?p=a) shall request the Attorney General to bring a civil action in an appropriate district court to recover the amount assessed (plus interest at rates established pursuant to [section 6621(a)(2) of title 26](/usc/26/6621.md?p=a-2) from the date of the final order or the date of the final judgment, as the case may be). In such an action, the validity, amount, and appropriateness of the penalty shall not be subject to review. Any [person](/usc/42/7602.md?p=e) who fails to pay on a timely basis the amount of an assessment of a civil penalty as described in the first sentence of this paragraph shall be required to pay, in addition to that amount and interest, the United States’ enforcement expenses, including attorneys fees and costs for collection proceedings, and a quarterly nonpayment penalty for each quarter during which such failure to pay persists. The nonpayment penalty shall be in an amount equal to 10 percent of the aggregate amount of that [person](/usc/42/7602.md?p=e)’s penalties and nonpayment penalties which are unpaid as of the beginning of such quarter.


## Footnotes

[^1]: So in original. Probably should be “section”.

## Source credit

(July 14, 1955, ch. 360, title I, § 205, as added Pub. L. 89–272, title I, § 101(8), Oct. 20, 1965, 79 Stat. 994; amended Pub. L. 90–148, § 2, Nov. 21, 1967, 81 Stat. 500; Pub. L. 91–604, § 7(c), Dec. 31, 1970, 84 Stat. 1694; Pub. L. 95–95, title II, § 219(c), Aug. 7, 1977, 91 Stat. 762; Pub. L. 101–549, title II, § 228(c), Nov. 15, 1990, 104 Stat. 2508.)

## Notes

### Editorial Notes

### Codification

Section was formerly classified to section 1857f–4 of this title.

### Amendments

1990—Pub. L. 101–549 amended section generally. Prior to amendment, section read as follows: “Any person who violates paragraph (1), (2), or (4) of section 7522(a) of this title or any manufacturer, dealer, or other person who violates paragraph (3)(A) of section 7522(a) of this title shall be subject to a civil penalty of not more than $10,000. Any person who violates paragraph (3)(B) of such section 7522(a) shall be subject to a civil penalty of not more than $2,500. Any such violation with respect to paragraph (1), (3), or (4) of section 7522(a) of this title shall constitute a separate offense with respect to each motor vehicle or motor vehicle engine.”

1977—Pub. L. 95–95 substituted “Any person who violates paragraph (1), (2), or (4) of section 7522(a) of this title, or any manufacturer, dealer, or other person who violates paragraph (3)(A) of section 7522(a) of this title” for “Any person who violates paragraph (1), (2), (3), or (4) of section 7522(a) of this title” in provisions covering the civil penalty of $10,000, and inserted provisions for a civil penalty of not more than $2,500 for violations of par. (3)(B) of section 7522(a) of this title.

1970—Pub. L. 91–604 increased the upper limit of the allowable fine from “$1,000” to “$10,000”.

1967—Pub. L. 90–148 reenacted section without change.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1977 Amendment

Amendment by Pub. L. 95–95 effective Aug. 7, 1977, except as otherwise expressly provided, see section 406(d) of Pub. L. 95–95, set out as a note under section 7401 of this title.