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Summary - Adjustment of Base Civil Penalties for Loss, Abandonment, or Improper Transfer or Disposal of Sources

On December 18, 2000, the Commission published a revision to the Enforcement Policy in the Federal Register (65 FR 79139) addressing base civil penalties for loss, abandonment, or improper transfer or disposal of sources. This revision was published with a companion final rule involving 10 CFR Parts 30, 31, and 32, governing certain industrial devices containing byproduct material that are licensed pursuant to the general license provisions of 10 CFR 31.5. The inclusion of separate base civil penalty amounts considers both the cost of proper disposal and the relative risk to the public from sources that are lost, abandoned, or improperly transferred of disposed of. The new base civil penalty structure is roughly equivalent to three times the cost of proper disposal. The revision became effective on February 16, 2001.