reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 101 - CARBON DIOXIDE EMISSION STANDARDS FOR COAL-FIRED ELECTRIC GENERATING FACILITIES › Section 20.2.101.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Environmental Improvement Act, Section
				  74-1-1 to
				  74-1-16
				  NMSA 1978, including specifically Paragraph (4) of Subsection A of Section
				  74-1-8
				  NMSA 1978, and Air Quality Control Act, Sections
				  74-2-1 to
				  74-2-22 NMSA 1978, including specifically Subparagraph (b) of Paragraph (1) of
				  Subsection B of Section
				  74-2-5
				  NMSA 1978.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 101 - CARBON DIOXIDE EMISSION STANDARDS FOR COAL-FIRED ELECTRIC GENERATING FACILITIES › Section 20.2.101.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 1, 2023, except where a later date is cited at the
				  end of a section.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 101 - CARBON DIOXIDE EMISSION STANDARDS FOR COAL-FIRED ELECTRIC GENERATING FACILITIES › Section 20.2.101.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this Part is to establish a carbon dioxide
				  (CO2) emission standard for coal-fired electric
				  generating facilities with an original installed capacity exceeding three
				  hundred megawatts.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 101 - CARBON DIOXIDE EMISSION STANDARDS FOR COAL-FIRED ELECTRIC GENERATING FACILITIES › Section 20.2.101.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the terms defined in
				  20.2.2.7
				  NMAC (Definitions), as used in this Part, the following terms apply:
A.
"Affected Electric Generating
				Facility or Affected EGF"
means a new or existing electric generating
				facility with an original installed capacity exceeding 300 megawatts and that
				uses coal as a fuel source.
B.
"Continuous emission monitoring system or CEMS"
means the
				equipment used to sample, analyze, measure, and provide, by means of readings
				recorded at least once every 15 minutes (using an automated data acquisition
				and handling system), a permanent record of CO2
				emissions or stack gas volumetric flow rate.
C.
"Department"
means the New
				Mexico environment department.
D.
				"
Electric generating facility (EGF)"
means a facility that
				generates electricity and includes all appurtenances and pollution control
				devices, and including, but not limited to all processes and equipment used to
				separate, compress, and transport CO2 or other
				pollutants to offsite locations. A facility may include one or more electric
				generating units (EGU) at the same location.
E.
"Megawatt-hour (MWh)"
means
				the net generation from the affected EGU as determined by
				40
				CFR Part 60.5540.
F.
"Operating day"
means a
				calendar day during which any fuel is combusted in the affected EGU at any
				time.
G.
"Operator"
means the person or persons responsible for the overall operation of an
				affected EGF.
H.
"Owner"
means the person or persons who own all or part of an
				affected EGF.
I.
"Rolling
				average"
means the weighted average of all data, meeting quality
				assurance and quality control requirements normalized pursuant to this Part,
				collected during the applicable averaging period. A 365-operating-day rolling
				average is calculated by adding the hourly mass emissions over the previous 365
				operating days and dividing that sum by the hourly generation (MWh-net) during
				the same period. A 30-operating-day rolling average is calculated by adding the
				hourly mass emissions over the previous 30 operating days and dividing that sum
				by the hourly generation (MWh-net) during the same period.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 101 - CARBON DIOXIDE EMISSION STANDARDS FOR COAL-FIRED ELECTRIC GENERATING FACILITIES › Section 20.2.101.8 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any provision of this Part, or the application of this
				  provision to any person or circumstance is held invalid, the remainder of this
				  Part, or the application of this provision to any person or circumstance other
				  than those as to which it is held invalid, shall not be affected
				  thereby.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 101 - CARBON DIOXIDE EMISSION STANDARDS FOR COAL-FIRED ELECTRIC GENERATING FACILITIES › Section 20.2.101.9 - CONSTRUCTION

Current through Register Vol. 35, No. 13, July 16, 2024
This Part shall be liberally construed to carry out its
				  purpose.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 101 - CARBON DIOXIDE EMISSION STANDARDS FOR COAL-FIRED ELECTRIC GENERATING FACILITIES › Section 20.2.101.10 - SAVINGS CLAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
Repeal or supersession of prior versions of this Part shall
				  not affect administrative or judicial action initiated under those prior
				  versions.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 101 - CARBON DIOXIDE EMISSION STANDARDS FOR COAL-FIRED ELECTRIC GENERATING FACILITIES › Section 20.2.101.11 - COMPLIANCE WITH OTHER REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Compliance with this Part does not relieve a person from the
				  responsibility to comply with other applicable federal, state, or local laws,
				  rules, or regulations, including more stringent controls.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 101 - CARBON DIOXIDE EMISSION STANDARDS FOR COAL-FIRED ELECTRIC GENERATING FACILITIES › Section 20.2.101.12 - DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Documents incorporated and cited in this Part may be viewed
				  at the New Mexico environment department air quality bureau.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 101 - CARBON DIOXIDE EMISSION STANDARDS FOR COAL-FIRED ELECTRIC GENERATING FACILITIES › Section 20.2.101.111 - APPICABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
This Part shall apply to new and existing affected electric
				  generating facilities.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 101 - CARBON DIOXIDE EMISSION STANDARDS FOR COAL-FIRED ELECTRIC GENERATING FACILITIES › Section 20.2.101.112 - EMISSION STANDARD

Current through Register Vol. 35, No. 13, July 16, 2024
After January 1, 2023, the owner or operator of an affected
				  EGF shall limit CO2 emissions from the EGF to no more
				  than 1,100 pounds per megawatt-hour on a 365-operating-day rolling average
				  basis. The calculation shall be performed within 15 days of the end of each
				  calendar month. The calculation of pounds of CO2 emitted
				  must include all CO2 emitted during the compliance
				  period, including but not limited to emissions during startup, shutdown,
				  maintenance, and malfunction. The calculation of megawatt-hours generated
				  during the compliance period must include all net megawatt-hours generated by
				  the affected EGF.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 101 - CARBON DIOXIDE EMISSION STANDARDS FOR COAL-FIRED ELECTRIC GENERATING FACILITIES › Section 20.2.101.114 - RECORDKEEPING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners or
				operators shall maintain records of the information used to demonstrate
				compliance with this Part as specified in
				40 CFR Parts
				60.7(b) and
				40 CFR Part
				60.7(f) and shall comply
				with the applicable recordkeeping requirements of subpart F of 40 CFR Part 75 .
				Owners or operators not subject to the requirements of 40 CFR Part 75 shall, at
				minimum, keep the records required under 40 CFR Part 60.5560 (b)(2).
B. Owners or operators shall keep records of
				the calculations performed to determine the hourly and daily total
				CO2 mass emissions in tons for:
(1) Each operating day for each affected EGU;
				and
(2) Each monthly rolling
				30-operating-day period.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 101 - CARBON DIOXIDE EMISSION STANDARDS FOR COAL-FIRED ELECTRIC GENERATING FACILITIES › Section 20.2.101.115 - REPORTING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners or
				operators shall comply with the following reporting requirements:
(1) Owners or operators shall submit
				electronic quarterly reports. For the first 12 months, owners or operators
				shall submit an electronic quarterly report no later than 30 days after the end
				of each quarter. Thereafter, owners or operators shall submit a report for each
				subsequent calendar quarter, no later than 30 days after the end of the
				quarter.
(2) Owners or operators
				shall include the following information in each quarterly report:
(a) each rolling average
				CO2 mass emission rate for which the last (twelfth)
				operating month in a 12-operating-month compliance period falls within the
				calendar quarter. Except as provided in this part, owners or operators shall
				calculate each average CO2 mass emission rate for the
				compliance period according to the procedures in 40 CFR Part 60.5540 . Owners
				or operators shall report the dates (month and year) of the first and twelfth
				operating months in each compliance period for which owners or operators
				performed a CO2 mass emission rate calculation. Owners
				or operators shall identify compliance periods that ended in each quarterly
				report;
(b) if one or more
				compliance periods end in the quarter, owners or operators shall identify each
				operating month in the calendar quarter where owners or operators of an
				affected EGF violated the emission standard of this Part;
(c) if one or more compliance periods end in
				the quarter and there are no violations for an affected EGF, the owners or
				operators shall include an affirmative compliance statement in the quarterly
				report; and
(d) the percentage of
				valid operating hours in each 12-operating-month compliance period (i.e., the
				total number of valid operating hours (as defined in 40 CFR Part 60.5540(a)(1)
				) in that period divided by the total number of operating hours in that period
				and multiplied by one hundred percent).
(3) In the final quarterly report for each
				calendar year, owners or operators shall include the potential electric output
				of the affected EGU and the net energy output over the four quarters of the
				calendar year, in accordance with 40 CFR Part 60.5520.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 1 - GENERAL PROVISIONS › Section 20.3.1.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Except as otherwise specifically provided, this part applies
				  to all persons who receive, possess, use, transfer, own or acquire any source
				  of radiation; provided, however, that nothing in this part shall apply to any
				  person to the extent that such person is subject to regulations by the NRC.
				  Regulation by the state of source material, byproduct material and special
				  nuclear material in quantities not sufficient to form a critical mass is
				  subject to the provisions of the agreement between the state and the NRC and 10
				  CFR Part 150.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 1 - GENERAL PROVISIONS › Section 20.3.1.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  74-1-9,
				  74-3-5
				  and
				  74-3-9
				  NMSA 1978.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 1 - GENERAL PROVISIONS › Section 20.3.1.6 - OBJECTIVES

Current through Register Vol. 35, No. 13, July 16, 2024
A. To protect the
				public and occupationally exposed individuals from unnecessary exposure to
				ionizing radiation.
B. To provide
				for the safe possession and use of radioactive materials and radiation machines
				in keeping with the ALARA principle, as defined in 20.3.4.7 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 1 - GENERAL PROVISIONS › Section 20.3.1.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in these regulations, these terms have the
				  definitions as set forth below.
A.
"Accelerator"
(See particle accelerator).
B.
"Accelerator produced
				material"
means any material made radioactive by exposure to radiation
				from a particle accelerator.
C.
"Act"
means the Radiation Protection Act (Sections
				74-3-1
				through
				74-3-16, NMSA
				1978).
D.
"Agreement
				state"
means any state with which the United States nuclear regulatory
				commission (NRC) or the United States atomic energy commission (AEC) has
				entered into an effective agreement under Section 274b of the Atomic Energy
				Act, as amended (73 Stat. 689).
E.
"Board"
means the environmental improvement board.
F.
"Byproduct material"
means:
(1) any radioactive material, (except special
				nuclear material), yielded in or made radioactive by exposure to the radiation
				incident to the process of producing or utilizing special nuclear
				material;
(2) the tailings or
				wastes produced by the extraction or concentration of uranium or thorium from
				any ore processed primarily for its source material content, including discrete
				surface wastes resulting from uranium or thorium solution extraction processes;
				underground ore bodies depleted by these solution extraction operations do not
				constitute by product material within this definition;
(3) any discrete source of radium-226 that is
				produced, extracted or converted after extraction, before, on, or after August
				8, 2005, for use for a commercial, medical or research activity;
(4) any material that:
(a) has been made radioactive by use of a
				particle accelerator; and
(b) is
				produced, extracted or converted after extraction, before, on, or after August
				8, 2005, for use for a commercial, medical or research activity; or
(5) any discrete source of
				naturally occurring radioactive material, other than source material, that
(a) NRC, in consultation with the
				administrator of the environmental protection agency (EPA), the secretary of
				energy, the secretary of homeland security, and the head of any other
				appropriate federal agency, determines would pose a threat similar to the
				threat posed by a discrete source of radium-226 to the public health and safety
				or the common defense and security; and
(b) before, on, or after August 8, 2005, is
				extracted or converted after extraction for use in a commercial, medical or
				research activity.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 1 - GENERAL PROVISIONS › Section 20.3.1.107 - EXEMPTIONS FROM THE REGULATORY REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The department may, upon application of
				any interested person or upon its own initiative, grant such exemptions from
				the requirements of this chapter as it determines are authorized by law, will
				not endanger public health and safety or property and are otherwise in the
				public interest.
B.
DOE
				contractors and NRC contractors.
Any DOE contractor or subcontractor and
				any NRC contractor or subcontractor of the following categories operating
				within this state is exempt from these regulations to the extent that such
				contractor or subcontractor under his contract receives, possesses, uses,
				transfers or acquires sources of radiation:
(1) prime contractors performing work for the
				DOE at United States government-owned or controlled sites, including the
				transportation of sources of radiation to or from such sites and the
				performance of contract services during temporary interruptions of such
				transportation;
(2) prime
				contractors of the DOE performing research in, or development, manufacture,
				storage, testing or transportation of atomic weapons or components
				thereof;
(3) prime contractors of
				the DOE using or operating nuclear reactors or other nuclear devices in a
				United States government-owned vehicle or vessel; and
(4) any other prime contractor or
				subcontractor of the DOE or NRC when the state and the NRC jointly determine:
(a) that the exemption of the prime
				contractor or subcontractor is authorized by law; and
(b) that, under the terms of the contract or
				subcontract, there is adequate assurance that the work thereunder can be
				accomplished without undue risk to the public health and safety.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 1 - GENERAL PROVISIONS › Section 20.3.1.108 - RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
Each licensee and registrant shall maintain records showing
				  the receipt, transfer and disposal of all sources of radiation. Additional
				  record requirements are specified elsewhere in these
				  regulations.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 1 - GENERAL PROVISIONS › Section 20.3.1.109 - INSPECTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each licensee
				and registrant shall afford the department at all reasonable times, opportunity
				to inspect sources of radiation and the premises and facilities wherein such
				sources of radiation are used or stored.
B. Each licensee and registrant shall make
				available to the department for inspection upon reasonable notice, records
				maintained pursuant to the requirements in this chapter.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 1 - GENERAL PROVISIONS › Section 20.3.1.110 - TESTS

Current through Register Vol. 35, No. 13, July 16, 2024
Each licensee and registrant shall perform, or permit the
				  department to perform such tests as the department deems appropriate or
				  necessary for the administration of the requirements in this chapter,
				  including, but not limited to, tests of:
A. sources of radiation;
B. facilities wherein sources of radiation
				are used or stored;
C. radiation
				detection and monitoring instruments; and
D. other equipment and devices used in
				connection with utilization or storage of sources of radiation.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 1 - GENERAL PROVISIONS › Section 20.3.1.111 - ADDITIONAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
The department may impose upon a licensee or registrant such
				  requirements in addition to those established in this chapter as it deems
				  appropriate or necessary to minimize danger to public health and safety or
				  property.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 1 - GENERAL PROVISIONS › Section 20.3.1.112 - VIOLATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Violation of any
				requirement of the act, this chapter or a license or registration condition may
				result in enforcement proceedings under Section
				74-3-11.1,
				NMSA 1978, including, but not limited to, the following:
(1) issuing a compliance order or assessing a
				civil penalty of up to $ 15,000 per day for each violation or both;
				or
(2) commencing a civil action in
				district court for appropriate relief, including injunctive relief.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 1 - GENERAL PROVISIONS › Section 20.3.1.114 - PROHIBITED USES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A hand-held
				fluoroscopic screen shall not be used with x-ray equipment unless it has been
				listed in the
registry of sealed sources and devices
or
				accepted for certification by the FDA, or the center for devices and
				radiological health (CDRH).
B. A
				shoe-fitting fluoroscopic device shall not be used.
C. The use of a source of radiation for the
				purpose of screening or inspecting individuals for concealed weapons, hazardous
				materials, stolen property, illegal goods or contraband, is prohibited without
				prior written approval from the department.
D. The exposure of any individual to the
				primary beam of a radiation machine for training or demonstration purposes is
				prohibited.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 1 - GENERAL PROVISIONS › Section 20.3.1.115 - INTERPRETATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Except as specifically authorized by the department in
				  writing, no interpretation of these regulations by an officer or employee of
				  the department other than a written interpretation by the legal counsel will be
				  recognized to be binding upon the department.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 1 - GENERAL PROVISIONS › Section 20.3.1.116 - COMMUNICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
All communications and reports concerning these regulations
				  and applications filed thereunder should be addressed to the department at its
				  office as follows: New Mexico Environment Department, Radiation Control Bureau,
				  P.O. Box 5469, Santa Fe, NM 87502-5469.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 1 - GENERAL PROVISIONS › Section 20.3.1.121 - DOCUMENTS AND FORMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. All
				documents referenced in these regulations are available for review at the
				offices of the department's radiation control bureau.
B. All forms referenced in these regulations
				may be obtained for review at the offices of the department's radiation control
				bureau.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 1 - GENERAL PROVISIONS › Section 20.3.1.122 - DELIBERATE MISCONDUCT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any
				licensee, registrant, applicant for a license or registration, employee of a
				licensee, employee of a registrant or registration applicant; or any contractor
				(including a supplier or consultant), subcontractor, employee of a contractor
				or subcontractor of any licensee or registrant or applicant for a license or
				registration, who knowingly provides to any licensee, registrant, applicant,
				contractor, or subcontractor, any components, equipment, materials, or other
				goods or services that relate to a licensee's, registrant's or applicant's
				activities in 20.3 NMAC, may not:
(1) engage
				in deliberate misconduct that causes or would have caused, if not detected, a
				licensee, registrant, or applicant to be in violation of any rule, regulation,
				or order; or any term, condition, or limitation of any license or registration
				issued by the department; or
(2)
				deliberately submit to the department, a licensee, registrant, an applicant, or
				a licensee's, registrant's or applicant's, contractor or subcontractor,
				information that the person submitting the information knows to be incomplete
				or inaccurate in some respect material to the department.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 1 - GENERAL PROVISIONS › Section 20.3.1.123 - COMPLETENESS AND ACCURACY OF INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Information provided to the department by
				an applicant for a license or registration, or by a licensee or registrant or
				information required by statute or by the department's regulations, orders, or
				license or registration conditions to be maintained by the applicant or the
				licensee or registrant shall be complete and accurate in all material
				respects.
B. Each applicant,
				licensee or registrant shall notify the department of information identified by
				the applicant, licensee or registrant as having for the regulated activity a
				significant implication for public health and safety. An applicant, licensee or
				registrant violates this paragraph only if the applicant, licensee or
				registrant fails to notify the department of information that the applicant,
				licensee or registrant has identified as having a significant implication for
				public health and safety. Notification shall be provided to the department
				within two working days of identifying the information. This requirement is not
				applicable to information which is already required to be provided to the
				department by other reporting or updating requirements.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 1 - GENERAL PROVISIONS › Section 20.3.1.124 - SAVING CLAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
Amendment and supersession of this chapter shall not affect
				  any administrative or judicial enforcement action pending on the effective date
				  of such amendment nor the validity of any license or registration issued
				  pursuant to this chapter.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 2 - REGISTRATION OF RADIATION MACHINES AND SERVICES › Section 20.3.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This subpart provides for the registration of:
A. radiation machines; and
B. persons providing radiation machine
				installation, servicing, or services as stipulated in 204 [20.3.2.204
				NMAC].
C. In addition to the
				requirements of this subpart, all registrants are subject to the applicable
				provisions of other subparts of these regulations.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 2 - REGISTRATION OF RADIATION MACHINES AND SERVICES › Section 20.3.2.201 - EXEMPTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Electronic
				equipment that produces radiation incidental to its operation for other
				purposes is exempt from the registration and notification requirements of this
				subpart, provided that the dose equivalent rate averaged over an area of 10 sq.
				cm does not exceed 0.5 mrem (5 mSv) per hour at 5 cm from an accessible surface
				of such equipment. The production, testing, or factory servicing of such
				equipment shall not be exempt.
B.
				Radiation machines while in transit or storage incident thereto are exempt from
				the requirements of this subpart.
C. Domestic television receivers are exempt
				from the requirements of this subpart.
D. Microwave ovens in private homes are
				exempt from the requirements of this subpart.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 2 - REGISTRATION OF RADIATION MACHINES AND SERVICES › Section 20.3.2.202 - APPLICATION FOR REGISTRATION OF RADIATION MACHINES

Current through Register Vol. 35, No. 13, July 16, 2024
Each person having a radiation machine shall:
A. Apply for registration of such machine
				with the Department within 30 days following the effective date of these
				regulations or thereafter prior to the operation of a radiation machine on
				forms furnished by the Department and shall contain all the information
				required by the form and accompanying instructions; and
B. Designate on the application form an
				individual to be responsible for radiation protection.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 2 - REGISTRATION OF RADIATION MACHINES AND SERVICES › Section 20.3.2.203 - PROHIBITED SERVICING OF RADIATION MACHINES

Current through Register Vol. 35, No. 13, July 16, 2024
Each registrant shall prohibit any person from furnishing
				  radiation machine servicing or services as described in 204.D [Subsection D. of
				  20.3.2.204
				  NMAC] to their radiation machine facility until the person provides evidence
				  that they have been registered with the Department as a provider of services in
				  accordance with 204 [Section 204 of
				  20.3.2.204
				  NMAC].
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 2 - REGISTRATION OF RADIATION MACHINES AND SERVICES › Section 20.3.2.204 - APPLICATION FOR REGISTRATION OF SERVICING AND SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each person who is engaged in the business
				of installing or offering to install radiation machines or is engaged in the
				business of furnishing or offering to furnish radiation machine servicing or
				radiation safety related services in this State, shall apply for registration
				of such services with the Department prior to furnishing or offering to furnish
				any such services.
B. Application
				for registration shall be completed on a form furnished by the Department and
				shall contain all information required by the Department as indicated on the
				forms and accompanying instructions.
C. Each person applying for registration
				under this subpart shall specify:
(1) that
				they have read and understand the requirements of these regulations;
				and
(2) the services for which they
				are applying for registration; and
(3) the training and experience that
				qualifies them to discharge the services for which they are applying for
				registration.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 2 - REGISTRATION OF RADIATION MACHINES AND SERVICES › Section 20.3.2.205 - ISSUANCE OF REGISTRATION CERTIFICATES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Upon a determination that an applicant
				meets the requirements of these regulations, the Department shall issue a
				Registration Certificate.
B. The
				Department may incorporate in the Registration Certificate at the time of
				issuance or thereafter by appropriate rule or order, such additional
				requirements and conditions with respect to the registrant's receipt,
				possession, use and transfer of radiation machines as it deems appropriate or
				necessary to protect the health of the people of this State.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 2 - REGISTRATION OF RADIATION MACHINES AND SERVICES › Section 20.3.2.206 - EXPIRATION OF REGISTRATION CERTIFICATES

Current through Register Vol. 35, No. 13, July 16, 2024
Except as provided by 207 [20.3.2.207
				  NMAC], each Registration Certificate shall expire at the end of the day on the
				  date stated therein.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 2 - REGISTRATION OF RADIATION MACHINES AND SERVICES › Section 20.3.2.207 - RENEWAL OF NOTICE OF REGISTRATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Application for renewal of registration
				shall be filed in accordance with 202 or 204 [20.3.2.202 or 204
				NMAC].
B. In any case in which a
				registrant not less than 30 days prior to the expiration of his existing
				Registration Certificate has filed an application in proper form for renewal,
				such existing Registration Certificate shall not expire until the application
				status has been finally determined by the Department.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 2 - REGISTRATION OF RADIATION MACHINES AND SERVICES › Section 20.3.2.208 - REPORT OF CHANGES

Current through Register Vol. 35, No. 13, July 16, 2024
The registrant shall notify the Department in writing before
				  making any change which would render the information contained in the
				  Application for Registration or the Registration Certificate no longer
				  accurate.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 2 - REGISTRATION OF RADIATION MACHINES AND SERVICES › Section 20.3.2.209 - APPROVAL NOT IMPLIED

Current through Register Vol. 35, No. 13, July 16, 2024
No person, in any advertisement, shall refer to the fact that
				  they or their facility is registered with the Department pursuant to the
				  provisions of 202 or 204 [Sections 202 or 204 of 20.3.2.202 or 204 NMAC] and no
				  person shall state or imply that any activity under such registration has been
				  approved by the Department.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 2 - REGISTRATION OF RADIATION MACHINES AND SERVICES › Section 20.3.2.210 - ASSEMBLER OR TRANSFER OBLIGATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person who sells, leases, transfers,
				lends, disposes, assembles, or installs radiation machines in this State shall
				notify the Department within 15 days of:
(1)
				the name and address of persons who have received these machines;
(2) the manufacturer, model, and serial
				number of each radiation machine transferred; and
(3) the date of transfer of each radiation
				machine.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 2 - REGISTRATION OF RADIATION MACHINES AND SERVICES › Section 20.3.2.211 - OUT-OF-STATE RADIATION MACHINES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Whenever any radiation machine is to be brought into the State, for any
				temporary use, the person proposing to bring such machine into the State shall
				give written notice to the Department at least two working days before such
				machine is to be used in the state. The notice shall include the type of
				radiation machines; the nature, duration, and scope of use; and the exact
				location(s) where the radiation, machine is to be used. If for a specific case
				the two-working-day period would impose an undue hardship on the person, they
				may, upon application to the Department, obtain permission to proceed
				sooner.
B. In addition, the
				out-of-state person shall:
(1) comply with all
				applicable regulations;
(2) supply
				the Department with such other information as the Department may reasonably
				request; and
(3) not operate within
				this state on a temporary basis, in excess of 180 calendar days per
				year.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 3 - LICENSING OF RADIOACTIVE MATERIALS › Section 20.3.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
A. This part
				provides for the licensing of radioactive material. Except for persons exempt
				as provided in this part, no person shall manufacture, produce, receive,
				possess, use, own, transfer or acquire radioactive material except as
				authorized in a specific or general license issued pursuant to the requirements
				in this part.
B. In addition to the
				requirements of this part, all licensees are subject to the requirements of
				20.3.1 NMAC, 20.3.4 NMAC, 20.3.10 NMAC and 20.3.16 NMAC.
C. The requirements of this part are in
				addition to, and not in substitution for, other requirements of this chapter.
				In any conflict between a requirement in this part and a specific requirement
				in another part of this chapter, the specific requirement governs.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 3 - LICENSING OF RADIOACTIVE MATERIALS › Section 20.3.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  74-1-9,
				  74-3-5
				  and
				  74-3-9
				  NMSA 1978.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 3 - LICENSING OF RADIOACTIVE MATERIALS › Section 20.3.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This part sets forth rules applicable to all persons in the
				  state of New Mexico governing licensing of radioactive material under the act,
				  and exemptions from the licensing requirements.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 3 - LICENSING OF RADIOACTIVE MATERIALS › Section 20.3.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Alert"
means events that may occur, are in progress, or have
				occurred that could lead to a release of radioactive material but that the
				release is not expected to require a response by offsite response organizations
				to protect persons offsite.
B.
"Principal activities"
means activities authorized by the license
				which are essential to achieving the purpose(s) for which the license was
				issued or amended. Storage during which no licensed material is accessed for
				use or disposal and activities incidental to decontamination or decommissioning
				are not principal activities.
C.
"Site area emergency"
means events that may occur, are in
				progress, or have occurred that could lead to a significant release of
				radioactive material and that could require a response by offsite response
				organizations to protect persons offsite.
D.
"Indian Tribe"
means an
				Indian or Alaska native Tribe, band, nation, pueblo, village, or community that
				the secretary of the interior acknowledges to exist as an Indian Tribe pursuant
				to the Federally Recognized Indian Tribe List Act of 1994,
				25
				U.S.C. 479a.
E.
"Tribal official"
means the
				highest ranking individual that represents Tribe leadership, such as the chief,
				president, or Tribe council leadership.
F.
"Unrefined and unprocessed
				ore"
means ore in its natural form prior to any processing, such as
				grinding, roasting or beneficiating, or refining. Processing does not include
				sieving or encapsulation of ore or preparation of samples for laboratory
				analysis.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 3 - LICENSING OF RADIOACTIVE MATERIALS › Section 20.3.3.301 - EXEMPTIONS - UNIMPORTANT QUANTITIES OF SOURCE MATERIAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person is exempt from the requirements
				in this part to the extent that such person receives, possesses, uses,
				transfers or delivers source material in any chemical mixture, compound,
				solution or alloy in which the source material is by weight less than one
				twentieth of one percent of the mixture, compound, solution or alloy. The
				exemption contained in this subsection does not include
byproduct
				material
as defined in Paragraph (2) of Subsection F of
				20.3.1.7
				NMAC.
B. Any person is exempt from
				the requirements in this part to the extent that such person receives,
				possesses, uses or transfers unrefined and unprocessed ore containing source
				material; provided that, except as authorized in a specific license, such
				person shall not refine or process such ore.
C. Any person is exempt from the requirements
				for a license set forth in the Radiation Protection Act, Sections
				74-3-1
				through 16 NMSA 1978 and from the regulations in this part and in 10 CFR Parts
				19, 20, and 21 to the extent that such person receives, possesses, uses or
				transfers:
(1) any quantities of thorium
				contained in:
(a) incandescent gas
				mantles;
(b) vacuum
				tubes;
(c) welding rods;
(d) electric lamps for illuminating purposes;
				provided, that each lamp does not contain more than 50 milligrams of
				thorium;
(e) germicidal lamps,
				sunlamps, and lamps for outdoor or industrial lighting; provided, that each
				lamp does not contain more than two grams of thorium;
(f) rare earth metals and compounds, mixtures
				and products containing not more than one fourth of one percent by weight,
				thorium, uranium or any combination of these; or
(g) personnel neutron dosimeters; provided,
				that each dosimeter does not contain more than 50 milligrams of
				thorium;
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 3 - LICENSING OF RADIOACTIVE MATERIALS › Section 20.3.3.302 - EXEMPTIONS - RADIOACTIVE MATERIAL OTHER THAN SOURCE MATERIAL

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Exempt
				concentrations.
(1) Except as provided
				in Paragraphs (3) and (4) of this subsection, any person is exempt from the
				license requirements in this part to the extent that such person receives,
				possesses, uses, transfers, owns or acquires products or materials containing
				radioactive material in concentrations not in excess of those listed in
				20.3.3.329
				NMAC.
(2) This subsection shall not
				be deemed to authorize the import of radioactive material or products
				containing radioactive material.
(3) A manufacturer, processor or producer of
				a product or material is exempt from the license requirements in this part to
				the extent that they transfer radioactive material contained in a product or
				material in concentrations not in excess of those specified in
				20.3.3.329
				NMAC and introduced into the product or material by a licensee holding a
				specific license issued by the NRC expressly authorizing such introduction.
				This exemption does not apply to the transfer of radioactive material contained
				in any food, beverage, cosmetic, drug or other commodity or product designed
				for ingestion or inhalation by, or application to, a human being.
(4) No person may introduce radioactive
				material into a product or material knowing or having reason to believe that it
				will be transferred to persons exempt under this subsection or equivalent
				regulations of the NRC or an agreement state, except in accordance with a
				specific license issued pursuant to Paragraph (1) of Subsection A of
				20.3.3.315
				NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 3 - LICENSING OF RADIOACTIVE MATERIALS › Section 20.3.3.303 - TYPES OF LICENSES

Current through Register Vol. 35, No. 13, July 16, 2024
Licenses for radioactive materials are of two types: general
				  and specific.
A. General License. A
				general license is provided by regulation, grants authority to a person for
				certain activities involving radioactive material, and is effective without the
				filing of an application with the department or the issuance of a licensing
				document to a particular person. However, registration with the department may
				be required by the particular general license.
B. Specific License. A specific license is
				issued by the department to a named person who has filed an application for the
				license under the specific licensing provisions of 20.3.3 NMAC, 20.3.5 NMAC,
				20.3.7 NMAC, 20.3.12 NMAC, 20.3.13 NMAC, 20.3.14 NMAC and 20.3.15
				NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 3 - LICENSING OF RADIOACTIVE MATERIALS › Section 20.3.3.306 - TRANSPORTATION OF RADIOACTIVE MATERIAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. Except as specified in Subsection D of
				this section, the regulations of the United States NRC set forth in 10 CFR 71
				are hereby incorporated by reference.
B. Shipment and transport of radioactive
				material shall be in accordance with the provisions of Subsection A of this
				section.
C. The following
				modifications are made to the incorporated federal regulations in this section:
(1)
"commission"
means the NRC
				except a specified in subsection (4) below;
(2)
"act"
means the Radiation
				Protection Act, Sections
				74-3-1
				through
				74-3-16
				NMSA 1978; and
(3)
"byproduct
				material"
means radioactive material as defined in
				20.3.1.7
				NMAC.
(4) all reference in 10 CFR
				71 to "commission" are changed to department as follows: 71.17(a), 71.17(b),
				71.21, 71.91(b), 71.91(c), 71.91(d), 71.101(c)(1), 71.106(a), 71.106(a)(1),
				71.106(b) and 71.106(b)(1).
(5) all
				reference in 10 CRF 71 to "certificate holder", "applicant" and "applicant for
				a certificate of compliance (COC)" apply to the NRC as follows 71.91(c),
				71.91(d), 71.101(a), 71.101(b), 71.103(a) and 71.135.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 3 - LICENSING OF RADIOACTIVE MATERIALS › Section 20.3.3.307 - FILING APPLICATION FOR SPECIFIC LICENSES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Except where otherwise determined by the
				department, applications for specific licenses shall be filed in duplicate on a
				form prescribed by the department (
application for a radioactive
				material license
) in accordance with the instructions to the form.
				Additional copies of the application may be required by the department.
				Information contained in previous application, statements or reports filed with
				the department may be incorporated by reference, provided that the reference is
				clear and specific.
B. The
				department may at any time after the filing of the original application, and
				before the expiration of the license, require further statements in order to
				enable the department to determine whether the application shall be granted or
				denied or whether a license shall be modified or revoked.
C. Each application shall be signed by the
				applicant or licensee or a person duly authorized to act for and on their
				behalf.
D. An application for a
				license may include a request for a license authorizing more than one activity,
				provided that the application specifies the additional activities for which
				licenses are requested and complies with the requirements in this chapter as to
				applications for such licenses. In such cases, annual fees for all types of
				activities authorized by the license may be charged as determined by 20.3.16
				NMAC.
E. An application for a
				specific license of category 1 and category 2 quantities of radioactive
				material shall comply with 10 CFR 37. The licensee shall
				comply with 10 CFR
				37 except as follows:
(1) any reference to the commission or NRC
				shall be deemed a reference to the department;
(2)
										10 CFR
				37.5 definitions of agreement state,
				byproduct material, commission and person shall not be applicable;
(3)
										10 CFR
				37.7,
				10 CFR
				37.9,
				10 CFR
				37.11(a) and (b),
				10 CFR
				37.13,
				10 CFR
				37.27(c),
				10 CFR
				37.105, and
				10 CFR
				37.107 shall not be applicable; and
(4) the license required report of events or
				notification in 10 CFR
				37.45,
				10 CFR
				37.57,
				10 CFR
				71,
				10 CFR
				37.77(a) through (d), and
				10 CFR
				37.81 shall use the following address when
				applicable: New Mexico Environment Department/RCB, P.O. Box 5469, Santa Fe, NM
				87502-5469.