March 11, 2004

Mr. William Floyd, Manager

Radiation Control Bureau

New Mexico Environment Department

1190 St. Francis Drive, P.O. Box 26110

Santa Fe, NM 87502-6110

Dear Mr. Floyd: 

We have reviewed the final revisions to the New Mexico Administrative Code Title 20, Chapter

3, “New Mexico Radiation Protection Regulations”, received by our office on March 4, 2004. 

These regulations were reviewed by comparison to the equivalent Nuclear Regulatory

Commission (NRC) regulations in 10 CFR Parts 20, 30, 32, 35, 36, 39, 40, 50, 52, 60, 61, 70,

71, and 72 and the requirements of the six amendments identified in the enclosed States

Regulation Status Data Sheet (SRS). We discussed our review of the regulations with Stan

Fitch on March 9, 2004.

As a result of our review, we have no comments and three editorial suggestions. Please note

that we have limited our review to regulations required for compatibility and/or health and

safety. We have determined that the regulations, as adopted, meet the compatibility and health

and safety categories established in the Office of State and Tribal Programs (STP) Procedure

SA-200.

The SRS Data Sheet summarizes our knowledge of the status of other New Mexico regulations,

as indicated. Please let us know if you note any inaccuracies, or have any comments on the

information contained in the SRS Data Sheet. This letter, including the SRS Data Sheet, is

posted on the STP website: http://www.hrsd.ornl.gov/nrc/rulemaking.htm.

If you have any questions regarding the editorial suggestions, the compatibility and health and

safety categories, or any of the NRC regulations used in the review, please contact me, or

Aaron McCraw of my staff at (301)415-1277 or ATM@NRC.GOV. 

Sincerely,

\By K.N. Schneider for\

Josephine Piccone, Deputy Director

Office of State and Tribal Programs

Enclosures:

As stated
EDITORIAL SUGGESTIONS

1. In Section 20.3.4.426 E (1) (a.), the State omitted the phrase “and State” in the first line

of paragraph (a)(1) of 10 CFR 20.1405. The intent of the requirements of this

paragraph are contained in the State rules; however, the opportunity for comment from

other States that may be affected by facilities near the border should be incorporated in

the State’s rules for clarification.

2. The State should capitalize the first letters in the words “environmental protection

agency” in 20.3.4.426.E(1)(b).

3. The State should capitalize the first letters of the words “international system of units” in

20.3.4.440.
March 11, 2004

Mr. William Floyd, Manager

Radiation Control Bureau

New Mexico Environment Department

1190 St. Francis Drive, P.O. Box 26110

Santa Fe, NM 87502-6110

Dear Mr. Floyd: 

We have reviewed the final revisions to the New Mexico Administrative Code Title 20, Chapter

3, “New Mexico Radiation Protection Regulations”, received by our office on March 4, 2004. 

These regulations were reviewed by comparison to the equivalent Nuclear Regulatory

Commission (NRC) regulations in 10 CFR Parts 20, 30, 32, 35, 36, 39, 40, 50, 52, 60, 61, 70,

71, and 72 and the requirements of the six amendments identified in the enclosed States

Regulation Status Data Sheet (SRS). We discussed our review of the regulations with Stan

Fitch on March 9, 2004.

As a result of our review, we have no comments and three editorial suggestions. Please note

that we have limited our review to regulations required for compatibility and/or health and

safety. We have determined that the regulations, as adopted, meet the compatibility and health

and safety categories established in the Office of State and Tribal Programs (STP) Procedure

SA-200.

The SRS Data Sheet summarizes our knowledge of the status of other New Mexico regulations,

as indicated. Please let us know if you note any inaccuracies, or have any comments on the

information contained in the SRS Data Sheet. This letter, including the SRS Data Sheet, is

posted on the STP website: http://www.hrsd.ornl.gov/nrc/rulemaking.htm.

If you have any questions regarding the editorial suggestions, the compatibility and health and

safety categories, or any of the NRC regulations used in the review, please contact me, or

Aaron McCraw of my staff at (301)415-1277 or ATM@NRC.GOV. 

Sincerely,

\By K.N. Schneider for\

Josephine Piccone, Deputy Director

Office of State and Tribal Programs

Enclosures: As stated

Distribution:

DIR RF (4-55) DCD (SP08) PDR (YES_) LMcLean RSAO

Busilton CMaupin, ASPO 

New Mexico File Response to Incoming Document: ML003696531

DOCUMENT NAME: C:\MyFiles\Copies\4-55.wpd

To receive a copy of this document, indicate in the box: “C” = Copy w/o attach/encl “E” = Copy w/ attach/encl 

“N” = No copy

OFFICE STP STP OGC STP:DD

NAME AMcCraw JZabko STreby JMPiccone

DATE 03/08/04* 03/09/04* 03/11/04* 03/11/04*

ML040760219 OFFICIAL RECORD COPY
STATE REGULATION STATUS

State: New Mexico[Six amendments reviewed are identified by a  Tracking Tickeat the beginning of each equivalent NRC regulation.] Date: March 1

NRC Chronology Identification FR Notice

(Date Due for StateImplementation)

RATS ID Propose

/ Final (F

Rule / M

Safety Requirements for Radiographic Equipment-Part 34 55 FR 843; (1/10/94) 1991-1 F ASNT Certification of Radiographers-Part 34 56 FR 11504; (none) 1991-2 

Standards for Protection Against Radiation-Part 20 56 FR 23360; 56 FR 61352;

57 FR 38588; 57 FR 57877;58 FR 67657; 59 FR 41641;60 FR 20183; (1/1/94)

1991-3 F 

Notification of Incidents-Parts 20, 30, 31, 34, 39, 40, 70 56 FR 64980; (10/15/94) 1991-4 F Quality Management Program and Misadministrations-Part 35 56 FR 34104; (1/27/95) 1992-1Eliminating the Recordkeeping Requirements for Departures from Manufacturer'sInstructions-Parts 30,35

57 FR 45566; (none) 1992-2 

Decommissioning Recordkeeping and License Termination: Documentation Additions[Restricted areas and spill sites]-Parts 30, 40 

58 FR 39628; (10/25/96) 1993-1 F 

Licensing and Radiation Safety Requirements for Irradiators-Part 36 58 FR 7715; (7/1/96) 1993-2 Definition of Land Disposal and Waste Site QA Program-Part 61 58 FR 33886; (7/22/96) 1993-3 Self-Guarantee as an Additional Financial Mechanism-Parts 30, 40, 70 58 FR 68726; 59 FR 1618

(none)

1994-1 F 

Uranium Mill Tailings Regulations: Conforming NRC Requirements to EPA Standards-Part40

59 FR 28220; (7/1/97) 1994-2 

Timeliness in Decommissioning Material Facilities-Parts 30, 40, 70 59 FR 36026; (8/15/97) 1994-3 F Preparation, Transfer for Commercial Distribution, and Use of Byproduct Material for MedicalUse-Parts 30, 32, 35

59 FR 61767; 59 FR 6524360 FR 322; (1/1/98)

1995-1 F 

Frequency of Medical Examinations for Use of Respiratory Protection Equipment-Part 20 60 FR 7900; (3/13/98) 1995-2 F 
NRC Chronology Identification FR Notice

(Date Due for StateImplementation)

RATS ID Propose

/ Final (F

Rule / M

Low-Level Waste Shipment Manifest Information and Reporting-Parts 20, 61 60 FR 15649; 60 FR 25983

(3/1/98)

1995-3 F 

Performance Requirements for Radiography Equipment-Part 34 60 FR 28323; (6/30/98) 1995-4 F

ML02155

Radiation Protection Requirements: Amended Definitions and Criteria-Parts 19, 20 60 FR 36038; (8/14/98) 1995-5 F 

Clarification of Decommissioning Funding Requirements-Parts 30, 40, 70 60 FR 38235; (11/24/98) 1995-6 F Medical Administration of Radiation and Radioactive Materials-Parts 20, 35 60 FR 48623; (10/20/98) 1995-7 F 10 CFR Part 71: Compatibility with the International Atomic Energy Agency-Part 71 60 FR 50248; 61 FR 28724

(4/1/99)

1996-1 F 

One Time Extension of Certain Byproduct, Source and Special Nuclear Materials LicensesParts 30, 40, 70 61 FR 1109; (none) 1996-2 

Termination or Transfer of Licensed Activities: Recordkeeping Requirements-Parts 20, 30,40, 61, 70

61 FR 24669; (6/17/99) 1996-3 F 

 Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials; Clean Air ActPart 20 61 FR 65120; (1/9/00) 1997-1 FML04064Recognition of Agreement State Licenses in Areas Under Exclusive Federal JurisdictionWithin an Agreement State-Part 150

62 FR 1662; (2/27/00) 1997-2

Criteria for the Release of Individuals Administered Radioactive Material-Parts 20, 35 62 FR 4120; (5/29/00) 1997-3 F Fissile Material Shipments and Exemptions-Part 71 62 FR 5907; (none) 1997-4 Licenses for Industrial Radiography and Radiation Safety Requirements for IndustrialRadiography Operations-Parts 30, 34, 71, 150

62 FR 28947 (6/27/00)

1997-5 F

ML02155

 Radiological Criteria for License Termination-Parts 20, 30, 40, 70 62 FR 39057; (8/20/00) 1997-6 F

ML04064

 Exempt Distribution of a Radioactive Drug Containing One Microcurie of Carbon-14 UreaPart 30 62 FR 63634; (1/02/01) 1997-7 FML04064 Deliberate Misconduct by Unlicenced Persons-Parts 30, 40, 61, 70, 71, 150 63 FR 1890; 63 FR 13773

(2/12/01)

1998-1 F

ML04064

Self-Guarantee of Decommissioning Funding by Nonprofit and Non-Bond-Issuing LicenseesParts 30, 40, 70 63 FR 29535; (none) 1998-2 License Term for Medical Use Licenses-Part 35 63 FR 31604; (none) 1998-3 
NRC Chronology Identification FR Notice

(Date Due for StateImplementation)

RATS ID Propose

/ Final (F

Rule / M

1. Or other generic Legally Binding Requirements.2. (Y/N) Y means “Yes,” there are comments in the review letter that the State needs to address. 

N means “No,” there are no comments in the review letter.

3. Not required means these regulations are not required for purposes of compatibility.4. A State need not adopt a specific regulation if the State has no licensees that would be subject to that regulation. See: “Final 

Adequacy and Compatibility of Agreement State Programs,” III.1. Time Frame for Adoption of Compatible State Regulations, p1995.

5. ADAMS ML Number

Licenses for Industrial Radiography and Radiation Safety Requirements for IndustrialRadiographic Operations-Part 34

63 FR 37059; (7/9/01) 1998-4 F

ML02155

 Minor Corrections, Clarifying Changes, and a Minor Policy Change-Parts 20, 35, 36 63 FR 39477; 63 FR 45393

(10/26/01)

1998-5 F

ML04064

 Transfer for Disposal and Manifests: Minor Technical Conforming Amendment-Part 20 63 FR 50127; (11/20/01) 1998-6 F

ML04064

Radiological Criteria for License Termination of Uranium Recovery Facilities-Part 40 64 FR 17506; (6/11/02) 1999-1 

Requirements for Those Who Possess Certain Industrial Devices Containing ByproductMaterial to Provide Requested Information-Part 31

64 FR 42269; (none) 1999-2 

Respiratory Protection and Controls to Restrict Internal Exposure-Part 20 64 FR 54543; 64 FR 55524

(2/2/03)

1999-3

Energy Compensation Sources for Well Logging and Other Regulatory Clarifications-Part 39 65 FR 20337; (5/17/03) 2000-1New Dosimetry Technology-Parts 34, 36, 39 65 FR 63750; (1/8/04) 2000-2Requirements for Certain Generally Licensed Industrial Devices Containing ByproductMaterial-Parts 30, 31, and 32

 65 FR 79162 (2/16/04) 2001-1

Revision of the Skin Dose Limit-Part 20 that became effective April 5, 2002. 67 FR 16298 (4/05/05) 2002-1Medical Use of Byproduct Material-Parts 20, 32, and 35 67 FR 20249 (10/24/05) 2002-2Financial Assurance for Materials Licensees – Parts 30, 40, 70 68 FR 57327 12/3/06 2003-1