Sentencing.us

A free U.S. Federal Sentencing Guidelines calculator

Guideline · 2026 Manual

§ 2Q1.3.

Mishandling of Other Environmental Pollutants; Recordkeeping, Tampering, and Falsification

United States Sentencing Commission · Effective November 1, 2026

(a) Base Offense Level: 6

(b) Specific Offense Characteristics

(1) (A) If the offense resulted in an ongoing, continuous, or repetitive discharge, release, or emission of a pollutant into the environment, increase by 6 levels; or

(B) if the offense otherwise involved a discharge, release, or emission of a pollutant, increase by 4 levels.

(2) If the offense resulted in disruption of public utilities or evacuation of a community, or if cleanup required a substantial expenditure, increase by 4 levels.

(3) If the offense involved a discharge without a permit or in violation of a permit, increase by 4 levels.

Commentary

Statutory provisions

Statutory Provisions: 33 U.S.C. §§ 403, 406, 407, 411, 1319(c)(1), (c)(2), 1415(b), 1907, 1908; 42 U.S.C. § 7413(c)(1)–(4). For additional statutory provision(s), see Appendix A (Statutory Index).

Application Notes:

1. If the offense involved mishandling of nuclear material, apply §2M6.2 (Violation of Other Federal Atomic Energy Agency Statutes, Rules, and Regulations) rather than this guideline.

2. Subsection (b)(1) assumes a discharge or emission into the environment resulting in actual environmental contamination. A wide range of conduct, involving the handling of different quantities of materials with widely differing propensities, potentially is covered.

3. Subsection (b)(2) provides an enhancement where a public disruption, evacuation or cleanup at substantial expense has been required.

4. Subsection (b)(3) applies where the offense involved violation of a permit, or where there was a failure to obtain a permit when one was required.

Background

Background: This section parallels §2Q1.2 but applies to offenses involving substances which are not pesticides and are not designated as hazardous or toxic.

Historical note

Effective November 1, 1987. Amended effective November 1, 1989 (amendment 205); November 1, 2018 (amendment 813); November 1, 2025 (amendment 836); November 1, 2026 (amendment 837).

Working out a sentence under §2Q1.3? The free Sentencing.us calculator asks the questions this guideline turns on and computes the range.

From the United States Sentencing Commission's 2026 Guidelines Manual, effective November 1, 2026. This site is an independent presentation of the Commission's text, not affiliated with the Commission.

Find in the 2026 manual

Search guideline text, commentary, and the statutory index.