May 17, 2005

Mr. John Parker

Radiation Control Bureau 

Field Operations Division

New Mexico Department of Environment

P. O. Box 26110

Sante Fe, NM 87502

Dear Mr. Parker:

We have reviewed the proposed State of New Mexico regulations related to New Mexico

Radiation Protection (20.3 NMAC) Parts 3, 4, 12, and 15 received by our office on 

March 28, 2005. The regulations were reviewed by comparison to the equivalent NRC

regulations in 10 CFR Parts 20, 30, 31, 32, 36, 39, and 150 and the requirements of the six

amendments identified in the enclosed State Regulation Status (SRS) Data Sheet. We

discussed our review of the regulations with Mr. Stanley Fitch on April 5, April 6, and 

May 2, 2005. 

As a result of our review, we have no comments. In addition, per our conversation with 

Mr. Fitch, we have also modified SRS summary. Amendment 1999-1 has been designated as

“Not Required” and amendment 1995-4 is shown as final, in association with the NRC review

dated June 12, 2002. Please note that we have limited our review to regulations required for

compatibility and/or health and safety. Under our current procedure, a finding that New

Mexico’s regulations meet the compatibility and health and safety categories of the equivalent

NRC regulations may only be made based on a review of the final New Mexico regulations. 

However, we have determined that if your proposed regulations were adopted without

significant change, they would meet the compatibility and health and safety categories

established in the Office of State and Tribal Programs (STP) Procedure SA-200.

We request that when the proposed regulations are adopted and published as final regulations,

a copy of the “as published” regulations be provided to us for review. As requested in STP

Procedure SA-201, “Review of State Regulatory Requirements,” please highlight the final

changes and provide a copy to STP.

The SRS Data Sheet summarizes our knowledge of other New Mexico regulations. 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 Web Site:

http://www.hsrd.ornl.gov/nrc/rulemaking.htm. 

If you have any questions regarding the review, the compatibility and health and safety

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

McLean at (817) 860-8116 or MLM1@NRC.GOV.

Sincerely,

\RA By K. Schneider For\

Paul Lohaus, Director

Office of State and Tribal Programs

Enclosure:

As stated
May 17 , 2005

Mr. John Parker

Radiation Control Bureau -Field Operations Division

New Mexico Department of Environment

P. O. Box 26110

Sante Fe, NM 87502

Dear Mr. Parker:

We have reviewed the proposed State of New Mexico regulations related to New Mexico

Radiation Protection (20.3 NMAC) Parts 3, 4, 12, and 15 received by our office on 

March 28, 2005. The regulations were reviewed by comparison to the equivalent NRC

regulations in 10 CFR Parts 20, 30, 31, 32, 36, 39, and 150 and the requirements of the six

amendments identified in the enclosed State Regulation Status (SRS) Data Sheet. We

discussed our review of the regulations with Mr. Stanley Fitch on April 5, April 6, and 

May 2, 2005. 

As a result of our review, we have no comments. In addition, per our conversation with 

Mr. Fitch, we have also modified SRS summary. Amendment 1999-1 has been designated as

“Not Required” and amendment 1995-4 is shown as final, in association with the NRC review

dated June 12, 2002. Please note that we have limited our review to regulations required for

compatibility and/or health and safety. Under our current procedure, a finding that New

Mexico’s regulations meet the compatibility and health and safety categories of the equivalent

NRC regulations may only be made based on a review of the final New Mexico regulations. 

However, we have determined that if your proposed regulations were adopted without

significant change, they would meet the compatibility and health and safety categories

established in the Office of State and Tribal Programs (STP) Procedure SA-200.

We request that when the proposed regulations are adopted and published as final regulations,

a copy of the “as published” regulations be provided to us for review. As requested in STP

Procedure SA-201, “Review of State Regulatory Requirements,” please highlight the final

changes and provide a copy to STP. The SRS Data Sheet summarizes our knowledge of other

New Mexico regulations. 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 Web Site: http://www.hsrd.ornl.gov/nrc/rulemaking.htm. 

If you have any questions regarding the review, the compatibility and health and safety

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

McLean at (817) 860-8116 or MLM1@NRC.GOV.

Sincerely,

\RA By K. Schneider For\

Paul Lohaus, Director

Office of State and Tribal Programs

Enclosure: As stated

Distribution:

DIR RF (5-90) SISP Review Complete

DCD (SP08) : Publicly Available G Non-Publicly Available 

New Mexico File : Non-Sensitive G Sensitive

BUsilton CMaupin, ASPO LMcLean RSAO Response to Incoming Document: ML050880259

DOCUMENT NAME:E:\Filenet\ML051380006.wpd

To receive a copy of this document, indicate in the box: "C" = Copy without attachment/enclosure "E" = Copy with

attachment/enclosure "N" = No copy

OFFICE RIV/RSAO STP OGC STP: D

NAME MLMcLean WRautzen STReby KSchneider for

PLohaus

DATE 05/02/05* 05/03/05* 05/16/05* 05/17/05*

ML051380006 OFFICIAL RECORD COPY 
STATE REGULATION STATUS

State: New Mexico[Six amendments reviewed are identified by a i Tracking Ticket Number: 5-

at the beginning of each equivalent NRC regulation.] Date: May 17, 2005

NRC Chronology Identification FR Notice

(Date Due for StateImplementation)

RATS ID

Propos(P) / Fi(F)1 Rule 

ML #5

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 

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

(3/1/98)

1995-3 F 
NRC Chronology Identification FR Notice

(Date Due for StateImplementation)

RATS ID

Propos(P) / Fi(F)1 Rule 

ML #5

Performance Requirements for Radiography Equipment-Part 34 60 FR 28323; (6/30/98) 1995-4 F 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 FML04064

i Recognition of Agreement State Licenses in Areas Under Exclusive Federal JurisdictionWithin an Agreement State-Part 150

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

ML05088

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 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 1998-5 F 
NRC Chronology Identification FR Notice

(Date Due for StateImplementation)

RATS ID

Propos(P) / Fi(F)1 Rule 

ML #5

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 Polic

Adequacy and Compatibility of Agreement State Programs,” III.1. Time Frame for Adoption of Compatible State Regulations, p. 6, 1995.

5. ADAMS ML Number

(10/26/01) 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 

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

(2/2/03)

1999-3 P

ML05088

i Energy Compensation Sources for Well Logging and Other Regulatory Clarifications-Part39

65 FR 20337; (5/17/03) 2000-1 P

ML05088

i New Dosimetry Technology-Parts 34, 36, 39 65 FR 63750; (1/8/04) 2000-2 P

ML05088

i Requirements for Certain Generally Licensed Industrial Devices Containing ByproductMaterial-Parts 30, 31, and 32

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

ML05088

i Revision of the Skin Dose Limit-Part 20 that became effective April 5, 2002. 67 FR 16298 (4/05/05) 2002-1 P

ML05088

Medical 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 2003-1Compatibility With IAEA Transportation Safety Standards and Other Transportation SafetyAmendments – Part 71.

69 FR 3697; (10/01/07) 2004-1