reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 12 - LICENSES AND RADIATION SAFETY REQUIREMENTS FOR WELL LOGGING › Section 20.3.12.28 - TRITIUM NEUTRON GENERATOR TARGET SOURCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Use of a tritium neutron generator target
				source, containing quantities not exceeding 30 curies (1,110 megabecquerels)
				and in a well with a surface casing to protect fresh water aquifers, is subject
				to the requirements of this part except 20.3.12.10 NMAC, 20.3.12.21 NMAC and
				20.3.12.32 NMAC.
B. Use of a
				tritium neutron generator target source, containing quantities exceeding 30
				curies (1,110 megabecquerels) or in a well without a surface casing to protect
				fresh water aquifers, is subject to the requirements of this part except
				20.3.12.21 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 12 - LICENSES AND RADIATION SAFETY REQUIREMENTS FOR WELL LOGGING › Section 20.3.12.29 - SECURITY DURING USE OF LICENSED MATERIAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. A logging supervisor must be physically
				present at a temporary jobsite whenever licensed materials are being handled or
				are not stored and locked in a vehicle or storage place. The logging supervisor
				may leave the jobsite in order to obtain assistance if a source becomes lodged
				in a well.
B. During well logging,
				except when radiation sources are below ground or in shipping or storage
				containers, the logging supervisor or other individual designated by the
				logging supervisor shall maintain direct surveillance of the operation to
				prevent unauthorized entry into a restricted area, as defined in 20.3.4.7
				NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 12 - LICENSES AND RADIATION SAFETY REQUIREMENTS FOR WELL LOGGING › Section 20.3.12.30 - DOCUMENTS AND RECORDS REQUIRED AT FIELD STATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Each licensee shall maintain the following documents and
				  records at the field station:
A. a
				copy of 20.3.4 NMAC, 20.3.10 NMAC and 20.3.12 NMAC;
B. the license authorizing the use of
				licensed material;
C. operating and
				emergency procedures required by 20.3.12.12 NMAC;
D. the record of radiation survey instrument
				calibrations required by 20.3.12.17 NMAC;
E. the record of leak test results required
				by 20.3.12.18 NMAC;
F. physical
				inventory records required by 20.3.12.19 NMAC;
G. utilization records required by 20.3.12.20
				NMAC;
H. records of inspection and
				maintenance required by 20.3.12.22 NMAC;
I. training records required by 20.3.12.11
				NMAC; and
J. survey records
				required by 20.3.12.14 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 12 - LICENSES AND RADIATION SAFETY REQUIREMENTS FOR WELL LOGGING › Section 20.3.12.31 - DOCUMENTS AND RECORDS REQUIRED AT TEMPORARY JOBSITES

Current through Register Vol. 35, No. 13, July 16, 2024
Each licensee conducting operations at a temporary jobsite
				  shall maintain the following documents and records at the temporary jobsite
				  until the well logging operation is completed:
A. operating and emergency procedures
				required by 20.3.12.12 NMAC;
B.
				evidence of latest calibration of the radiation survey instruments in use at
				the site required by 20.3.12.17 NMAC;
C. latest survey records required by
				20.3.12.14 NMAC;
D. the shipping
				papers for the transportation of radioactive materials required by 20.3.3.306
				NMAC, incorporating
				10 CFR
				71.5; and
E. when operating under reciprocity pursuant
				to 20.3.3.324 NMAC, a copy of the NRC or agreement state license authorizing
				use of licensed materials.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 12 - LICENSES AND RADIATION SAFETY REQUIREMENTS FOR WELL LOGGING › Section 20.3.12.32 - NOTIFICATION OF INCIDENTS AND LOST SOURCES; ABANDONMENT PROCEDURES FOR IRRETRIEVABLE SOURCES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				licensee shall immediately notify the department by telephone and subsequently,
				within 30 days, by confirmation in writing, if the licensee knows or has reason
				to believe that a sealed source has been ruptured. The written confirmation
				must designate the well or other location, describe the magnitude and extent of
				the escape of licensed materials, assess the consequences of the rupture, and
				explain efforts planned or being taken to mitigate these
				consequences.
B. The licensee shall
				notify the department of the theft or loss of radioactive materials, radiation
				overexposures, excessive levels and concentrations of radiation and certain
				other accidents as required by 20.3.4.451 NMAC, 20.3.4.452 NMAC, 20.3.4.453
				NMAC and 20.3.3.325 NMAC.
C. If a
				sealed source becomes lodged in a well, and when it becomes apparent that
				efforts to recover the sealed source will not be successful, the licensee
				shall:
(1) notify the department by telephone
				of the circumstances that resulted in the inability to retrieve the source; and
(a) obtain department approval to implement
				abandonment procedures; or
(b) that
				the licensee implemented abandonment before department approval because the
				licensee believed there was an immediate threat to public health and safety;
				and
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 13 - LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE › Section 20.3.13.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The regulations
				in this part (20.3.13 NMAC) establish procedures, criteria, and terms and
				conditions upon which the department issues licenses for the land disposal of
				wastes received from other persons. The requirements of this part (20.3.13
				NMAC) are in addition to, and not in substitution for, other applicable
				requirements of these regulations.
B. The regulations in this part (20.3.13
				NMAC) do not apply to disposal of byproduct material as defined in definition
				(2) of "byproduct material", in Paragraph (2) of Subsection F of 20.3.1.7 NMAC
				in quantities greater than 10,000 kilograms containing more than 5 millicuries
				(18.5 megabecquerels) of radium-226, or disposal of waste as provided in 20.3.4
				NMAC.
C. This part (20.3.13 NMAC)
				establishes procedural requirements and performance objectives applicable to
				any method of land disposal. It establishes specific technical requirements for
				near-surface disposal of radioactive waste which involves disposal in the
				uppermost portion of the earth.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 13 - LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE › Section 20.3.13.3 - 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 13 - LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE › Section 20.3.13.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
May 3, 1995, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 13 - LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE › Section 20.3.13.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The regulations in this part (20.3.13 NMAC) establish
				  procedures, criteria, and terms and conditions upon which the department issues
				  licenses for the land disposal of wastes. [Refer to the purpose and scope
				  promulgated by the board as specified in
				  20.3.13.2
				  NMAC.]
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 13 - LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE › Section 20.3.13.1302 - LICENSE REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
A. No
				person may receive, possess, and dispose of waste received from other persons
				at a land disposal facility, unless authorized by a license issued by the
				department pursuant to this part (20.3.13 NMAC), and 20.3.3 NMAC.
B. Each person shall file an application with
				the department pursuant to 20.3.3.307 NMAC and obtain a license as provided in
				this part (20.3.13 NMAC) before commencement of construction of a land disposal
				facility. Failure to comply with this requirement may be grounds for denial of
				a license.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 13 - LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE › Section 20.3.13.1303 - CONTENT OF APPLICATION

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the requirements set forth in
				  20.3.3.308
				  NMAC, an application to receive from others, possess and dispose of wastes
				  shall consist of general information, specific technical information,
				  institutional information, and financial information as set forth in
				  20.3.13.1304
				  NMAC through
				  20.3.13.1308
				  NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 13 - LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE › Section 20.3.13.1304 - GENERAL INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
The general information shall include each of the
				  following.
A. Identity of the
				applicant including:
(1) the full name,
				address, telephone number and description of the business or occupation of the
				applicant;
(2) if the applicant is
				a partnership, the name and address of each partner, and the principal location
				where the partnership does business;
(3) if the applicant is a corporation or an
				unincorporated association, the state where it is incorporated or organized and
				the principal location where it does business, and the names and addresses of
				its directors and principal officers; and
(4) if the applicant is acting as an agent or
				representative of another person in filing the application, all information
				required under Subsection A of 20.3.13.1304 NMAC must be supplied with respect
				to the other person.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 13 - LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE › Section 20.3.13.1306 - TECHNICAL ANALYSES

Current through Register Vol. 35, No. 13, July 16, 2024
The specific technical information shall also include the
				  following analyses needed to demonstrate that the performance objectives of
				  this part (20.3.13 NMAC) will be met:
A. pathways analyzed in demonstrating
				protection of the general population from releases of radioactivity shall
				include air, soil, ground water, surface water, plant uptake and exhumation by
				burrowing animals; the analysis shall clearly identify and differentiate
				between the roles performed by the natural disposal site characteristics and
				design features in isolating and segregating the wastes; the analysis shall
				clearly demonstrate that there is reasonable assurance that the exposure to
				humans from the release of radioactivity will not exceed the limits set forth
				in 20.3.13.1317 NMAC;
B. analysis
				of the protection of individuals from inadvertent intrusion shall include
				demonstration that there is reasonable assurance the waste classification and
				segregation requirements will be met and that adequate barriers to inadvertent
				intrusion will be provided;
C.
				analyses of the protection of individuals during operations shall include
				assessments of expected exposures due to routine operations and likely
				accidents during handling, storage and disposal of waste; the analysis shall
				provide reasonable assurance that exposures will be controlled to meet the
				requirements of 20.3.4 NMAC; and
D.
				analyses of the long-term stability of the disposal site and the need for
				ongoing active maintenance after site closure shall be based upon analyses of
				active natural processes, such as erosion, mass wasting, slope failure,
				settlement of wastes and backfill, infiltration through covers over disposal
				areas and adjacent soils, and surface drainage of the disposal site; the
				analyses shall provide reasonable assurance that there will not be a need for
				ongoing active maintenance of the disposal site following closure.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 13 - LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE › Section 20.3.13.1307 - INSTITUTIONAL INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
The institutional information submitted by the applicant
				  shall include:
A. a certification by
				the federal or state agency which owns the disposal site that the federal or
				state agency is prepared to accept transfer of the license when the provisions
				of 20.3.13.1304 NMAC are met, and will assume responsibility for institutional
				control after site closure and post closure observation and maintenance;
				and
B. where the proposed disposal
				site is on land not owned by the federal or a state government, the applicant
				shall submit evidence that arrangements have been made for assumption of
				ownership in fee by a federal or a state agency before the department issues a
				license.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 13 - LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE › Section 20.3.13.1308 - FINANCIAL INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
The financial information shall be sufficient to demonstrate
				  that the financial qualifications of the applicant are adequate to carry out
				  the activities for which the license is sought and meet other financial
				  assurance requirements of 20.3.3 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 13 - LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE › Section 20.3.13.1309 - REQUIREMENTS FOR ISSUANCE OF A LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A license for the receipt, possession, and disposal of waste
				  containing or contaminated with radioactive material will be issued by the
				  department upon finding that:
A. the
				issuance of the license will not constitute an unreasonable risk to the health
				and safety of the public;
B. the
				applicant is qualified, by reason of training and experience, to carry out the
				disposal operations requested in a manner that protects and minimizes danger to
				life or property;
C. the
				applicant's proposed disposal site, disposal design, land disposal facility
				operations, including equipment, facilities and procedures, disposal site
				closure and post-closure institutional control, are adequate to protect the
				public health and safety in that they provide reasonable assurance that the
				general population will be protected from releases of radioactivity, as
				specified in the performance objective in 20.3.13.1317 NMAC;
D. the applicant's proposed disposal site,
				disposal site design, land disposal facility operations, including equipment,
				facilities and procedures, disposal site closure and post-closure institutional
				control, are adequate to protect the public health and safety in that they will
				provide reasonable assurance that individual inadvertent intruders are
				protected in accordance with the performance objective in 20.3.13.1318
				NMAC;
E. the applicant's proposed
				land disposal facility operations, including equipment, facilities and
				procedures, are adequate to protect the public health and safety in that they
				will provide reasonable assurance that the standards for radiation protection
				set out in 20.3.4 NMAC will be met;
F. the applicant's proposed disposal site,
				disposal site design, land disposal facility operations, disposal site closure
				and post-closure institutional control are adequate to protect the public
				health and safety in that they will provide reasonable assurance that long-term
				stability of the disposed waste and the disposal site will be achieved, and
				will eliminate to the extent practicable the need for ongoing active
				maintenance of the disposal site following closure;
G. the applicant's demonstration provides
				reasonable assurance that the applicable technical requirements of this part
				(20.3.13 NMAC) will be met;
H. the
				applicant's proposal for institutional control provides reasonable assurance
				that such control will be provided for the length of time found necessary to
				ensure the findings in Subsections C through F of 20.3.13.1309 NMAC, and that
				the institutional control meets the requirements of 20.3.13.1330 NMAC;
				and
I. the financial or surety
				arrangements meet the requirements of this part (20.3.13 NMAC) and 20.3.3
				NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 13 - LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE › Section 20.3.13.1310 - CONDITIONS OF LICENSES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				license issued under this part (20.3.13 NMAC), or any right there under, may be
				transferred, assigned or in any manner disposed of, either voluntarily or
				involuntarily, directly or indirectly, through transfer of control of the
				license to any person, only if the department finds, after securing full
				information, that the transfer is in accordance with the provisions of the act
				and gives its consent, in writing, in the form of a license
				amendment.
B. The licensee shall
				submit written statements under oath upon request of the department at any time
				before termination of the license, to enable the department to determine
				whether the license should be modified, suspended or revoked.
C. The license will be terminated only on the
				full implementation of the final closure plan as approved by the department,
				including post-closure observation and maintenance.
D. The licensee shall be subject to the
				provisions of the act now or hereafter in effect, and to all rules,
				regulations, and orders of the board or department. The terms and conditions of
				the license are subject to amendment, revision or modification by reason of
				amendments to, or by reason of rules, regulations and orders issued in
				accordance with the terms of the act.
E. Each person licensed by the department
				pursuant to the regulations in this part (20.3.13 NMAC) shall confine
				possession and use of materials to the locations and purpose authorized in the
				license.
F. The licensee shall not
				dispose of waste until the department has inspected the land disposal facility
				and has found it to be in conformance with the description, design and
				construction in the application for a license.
G. The department may incorporate in any
				license at the time of issuance, or thereafter, by appropriate rule, regulation
				or order, additional requirements and conditions with respect to the licensee's
				receipt, possession, and disposal of waste as it deems appropriate or necessary
				in order to:
(1) protect health or to
				minimize danger to life or property; and
(2) require reports and the keeping of
				records, and to provide for inspections of activities under the license that
				may be necessary or appropriate to effectuate the purposes of the act and
				regulations there under.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 13 - LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE › Section 20.3.13.1311 - APPLICATION FOR RENEWAL OR CLOSURE

Current through Register Vol. 35, No. 13, July 16, 2024
A. An application for renewal or an
				application for closure under 20.3.13.1302 NMAC must be filed at least 90 days
				prior to license expiration.
B
. Applications for renewal of a
				license must be filed in accordance with sections 20.3.13.1304 NMAC through
				20.3.13.1308 NMAC. Applications for closure must be filed in accordance with
				20.3.13.1312 NMAC. Information contained in previous applications, statements,
				or reports filed with the department under the license may be incorporated by
				reference if the references are clear and specific.
C. In any case in which a licensee has filed
				an application in proper form for renewal of a license, the license does not
				expire until the department has taken final action on the application for
				renewal.
D. In determining whether
				a license will be renewed, the department will apply the criteria set forth in
				20.3.13.1309 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 13 - LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE › Section 20.3.13.1312 - CONTENTS OF APPLICATION FOR SITE CLOSURE AND STABILIZATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Prior to final
				closure of the disposal site, or as otherwise directed by the department, the
				applicant shall submit an application to amend the license for closure. This
				closure application shall include a final revision and specific details of the
				disposal site closure plan included as subpart of the license application
				submitted under Subsection G of 20.3.13.1305 NMAC that includes each of the
				following:
(1) any additional geologic,
				hydrologic or other data pertinent to the long-term containment of emplaced
				wastes obtained during the operational period;
(2) the results of tests, experiments or any
				other analyses relating to backfill of excavated areas, closure and sealing,
				waste migration and interaction with emplacement media, or any other tests,
				experiments or analysis pertinent to the long-term containment of emplaced
				waste within the disposal site;
(3)
				any proposed revision of plans for:
(a)
				decontamination and/or dismantlement of surface facilities;
(b) backfilling of excavated areas;
				or
(c) stabilization of the
				disposal site for post-closure care; and
(4) any significant new information regarding
				the environmental impact of closure activities and long-term performance of the
				disposal site.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 13 - LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE › Section 20.3.13.1313 - POST-CLOSURE OBSERVATION AND MAINTENANCE

Current through Register Vol. 35, No. 13, July 16, 2024
The licensee shall observe, monitor and carry out necessary
				  maintenance and repairs at the disposal site until the site closure is complete
				  and the license is transferred by the department in accordance with
				  20.3.13.1314
				  NMAC. Responsibility for the disposal site must be maintained by the licensee
				  for 5 years. A shorter or longer time period for post-closure observation and
				  maintenance may be established by the department and approved as part of the
				  site closure plan, based on site-specific conditions.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 13 - LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE › Section 20.3.13.1314 - TRANSFER OF LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
Following closure and the period of post-closure observation
				  and maintenance, the licensee may apply for an amendment to transfer the
				  license to the disposal site owner. The license shall be transferred when the
				  department finds:
A. that the closure
				of the disposal site has been made in conformance with the licensee's disposal
				site closure plan, as amended and approved as part of the license;
B. that reasonable assurance has been
				provided by the licensee that the performance objectives of this part (20.3.13
				NMAC) are met;
C. that any funds
				and necessary records for care will be transferred to the disposal site
				owner;
D. that the post-closure
				monitoring program is operational for implementation by the disposal site
				owner; and
E. that the federal or
				state agency which will assume responsibility for institutional control of the
				disposal site is prepared to assume responsibility and ensure that the
				institutional requirements found necessary under Subsection H of 20.3.13.1309
				NMAC will be met.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 13 - LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE › Section 20.3.13.1315 - TERMINATION OF LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Following any period of institutional control needed to meet the requirements
				found necessary under 20.3.13.1309 NMAC, the licensee may apply for an
				amendment to terminate the license.
B. This application will be reviewed in
				accordance with the provisions of 20.3.3.307 NMAC.
C. A license shall be terminated only when
				the department finds:
(1) that the
				institutional control requirements found necessary under Subsection H of
				20.3.13.1309 NMAC have been met;
(2) that any additional requirements
				resulting from new information developed during the institutional control
				period have been met; and
(3) that
				permanent monuments or markers warning against intrusion have been
				installed.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 13 - LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE › Section 20.3.13.1316 - GENERAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Land disposal facilities shall be sited, designed, operated,
				  closed and controlled after closure so that reasonable assurance exists that
				  exposure to individuals are within the requirements established in the
				  performance objectives in sections
				  20.3.13.1317
				  NMAC through
				  20.3.13.1320
				  NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 13 - LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE › Section 20.3.13.1317 - PROTECTION OF THE GENERAL POPULATION FROM RELEASE OF RADIOACTIVITY

Current through Register Vol. 35, No. 13, July 16, 2024
Concentrations of radioactive material, which may be released
				  to the general environment in ground water, surface water, air, soil, plants or
				  animals, shall not result in an annual dose exceeding an equivalent of 25
				  millirems (250 microsieverts) to the whole body, 75 millirems (750
				  microsieverts) to the thyroid and 25 millirems (250 microsieverts) to any other
				  organ of any member of the public. Reasonable effort should be made to maintain
				  releases of radioactivity in effluents to the general environment as low as
				  reasonably achievable.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 13 - LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE › Section 20.3.13.1318 - PROTECTION OF INDIVIDUALS FROM INADVERTENT INTRUSION

Current through Register Vol. 35, No. 13, July 16, 2024
Design, operation and closure of the land disposal facility
				  shall ensure protection of any individual inadvertently intruding into the
				  disposal site and occupying the site or contacting the waste at any time after
				  active institutional controls over the disposal sites are
				  removed.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 13 - LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE › Section 20.3.13.1319 - PROTECTION OF INDIVIDUALS DURING OPERATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Operations at the land disposal facility shall be conducted
				  in compliance with the standards for radiation protection set out in Part 4
				  (20.3.4) NMAC, except for releases of radioactivity in effluents from the land
				  disposal facility, which shall be governed by
				  20.3.13.1317
				  NMAC. Every reasonable effort should be made to maintain radiation exposures as
				  low as is reasonably achievable.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 13 - LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE › Section 20.3.13.1320 - STABILITY OF THE DISPOSAL SITE AFTER CLOSURE

Current through Register Vol. 35, No. 13, July 16, 2024
The disposal facility shall be sited, designed, used,
				  operated and closed to achieve long-term stability of the disposal site and to
				  eliminate, to the extent practicable, the need for ongoing active maintenance
				  of the disposal site following closure so that only surveillance, monitoring or
				  minor custodial care are required.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 13 - LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE › Section 20.3.13.1322 - DISPOSAL SITE DESIGN FOR LAND DISPOSAL

Current through Register Vol. 35, No. 13, July 16, 2024
Disposal site design for near-surface disposal.
A. Site design features shall be directed
				toward long-term isolation and avoidance of the need for continuing active
				maintenance after site closure.
B.
				The disposal site design and operation shall be compatible with the disposal
				site closure and stabilization plan, and lead to disposal site closure that
				provides reasonable assurance that the performance objectives will be
				met.
C. The disposal site shall be
				designed to complement and improve, where appropriate, the ability of the
				disposal site's natural characteristics to assure that the performance
				objectives will be met.
D. Covers
				shall be designed to minimize to the extent practicable water infiltration, to
				direct percolating or surface water away from the disposed waste, and to resist
				degradation by surface geologic processes and biotic activity.
E. Surface features shall direct surface
				water drainage away from disposal units at velocities and gradients which will
				not result in erosion that will require ongoing active maintenance in the
				future.
F. The disposal site shall
				be designed to minimize to the extent practicable the contact of water with
				waste during storage, the contact of standing waste with water during disposal,
				and the contact of percolating or standing water with wastes after
				disposal.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 13 - LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE › Section 20.3.13.1324 - WASTE CLASSIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
Classification of waste for near surface disposal.
A. Considerations. Determination of the
				classification of radioactive waste involves two considerations. First,
				consideration must be given to the concentration of long-lived radionuclides
				(and their shorter-lived precursors) whose potential hazard will persist long
				after such precautions as institutional controls, improved waste form, and
				deeper disposal have ceased to be effective. These precautions delay the time
				when long-lived radionuclides could cause exposures. In addition, the magnitude
				of the potential dose is limited by the concentration and availability of the
				radionuclide at the time of exposure. Second, consideration must be given to
				the concentration of shorter-lived radionuclides for which requirements in
				institutional controls, waste form and disposal methods are effective.
				Additional consideration must be given to ensure that such waste is not
				regulated by RCRA.
B. Classes of
				waste.
(1) Class A waste is waste that is
				usually segregated from other waste classes at the disposal site. The physical
				form and characteristics of class A waste must meet the minimum requirements
				set forth in Subsection A of 20.3.13.1325 NMAC. If class A waste also meets the
				stability requirements set forth in Subsection B of 20.3.13.1325 NMAC, it is
				not necessary to segregate the waste for disposal.
(2) Class B waste is waste that must meet
				more rigorous requirements of waste form to ensure stability after disposal.
				The physical form and characteristics of class B waste must meet both the
				minimum and stability requirements set forth in 20.3.13.1325 NMAC.
(3) Class C waste is waste that not only must
				meet more rigorous requirements on waste form to ensure stability but also
				requires additional measures at the disposal facility to protect against
				inadvertent intrusion. The physical form and characteristics of class C waste
				must meet both the minimum and stability requirements set forth in 20.3.13.1325
				NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 13 - LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE › Section 20.3.13.1325 - WASTE CHARACTERISTICS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				following are minimum requirements for all classes of waste and are intended to
				facilitate handling at the disposal site and provide protection of health and
				safety of personnel at the disposal site.
(1)
				Waste must not be packaged for disposal in cardboard or fiberboard
				boxes.
(2) Liquid waste must be
				solidified or packaged in sufficient absorbent material to absorb twice the
				volume of the liquid.
(3) Solid
				waste containing liquid shall contain as little free standing and non-corrosive
				liquid as is reasonably achievable, but in no case shall the liquid exceed 1
				percent of the volume.
(4) Waste
				must not be readily capable of detonation, or of explosive decomposition or
				reaction at normal pressures and temperatures, or of explosive reaction with
				water.
(5) Waste must be not
				contain, or be capable of generating, quantities of toxic gases, vapors or
				fumes harmful to persons transporting, handling or disposing of the waste. This
				does not apply to radioactive gaseous waste packaged in accordance with
				Paragraph (7) of Subsection A of 20.3.13.1325 NMAC.
(6) Waste must not be pyrophoric: Pyrophoric
				materials contained in waste shall be treated, prepared and packaged to be
				nonflammable.
(7) Waste in a
				gaseous form must be packaged at a pressure that does not exceed 1.5 atmosphere
				at 20 degrees C. Total activity must not exceed 100 curies per
				container.
(8) Waste containing
				hazardous, biological, pathogenic, or infectious material must be treated to
				reduce to the maximum extent practicable the potential hazard from the
				non-radiological materials.
(9) All
				RCRA regulations must be met.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 13 - LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE › Section 20.3.13.1326 - LABELING

Current through Register Vol. 35, No. 13, July 16, 2024
Each package of waste must be clearly labeled to identify
				  whether it is class A waste, class B waste, or class C waste, in accordance
				  with
				  20.3.13.1324
				  NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 13 - LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE › Section 20.3.13.1327 - ALTERNATIVE REQUIREMENTS FOR WASTE CLASSIFICATION AND CHARACTERISTICS

Current through Register Vol. 35, No. 13, July 16, 2024
The department may, upon request or on its own initiative,
				  authorize other provisions for the classification and characteristics of waste
				  on a specific basis, if, after evaluation of the specific characteristics of
				  the waste, disposal site and method of disposal, it finds reasonable assurance
				  of compliance with the performance objectives in sections
				  20.3.13.1316
				  NMAC through
				  20.3.13.1320
				  NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 13 - LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE › Section 20.3.13.1328 - ENVIRONMENTAL MONITORING

Current through Register Vol. 35, No. 13, July 16, 2024
A. At the
				time a license application is submitted, the applicant shall have conducted a
				preoperational monitoring program to provide basic environmental data on the
				disposal site characteristics. The applicant shall obtain information about the
				ecology, meteorology, climate, hydrology, geology, geochemistry and seismology
				of the disposal site. For those characteristics that are subject to seasonal
				variation, data must cover at least a twelve-month period.
B. During the land disposal facility site
				construction and operation, the licensee shall maintain an environmental
				monitoring program. Measurements and observations must be made and recorded to
				provide data to evaluate the potential health and environmental impacts during
				both the construction and the operation of the facility, and to enable the
				evaluation of long-term effects and the need for mitigative measures. The
				monitoring system must be capable of providing early warning of releases of
				radioactive materials from the disposal site before they leave the site
				boundary.
C. After the disposal
				site is closed, the licensee responsible for post-operational surveillance of
				the disposal site shall maintain a monitoring system based on the operation
				history, and the closure and stabilization of the disposal site. The monitoring
				system must be capable of providing early warning of releases of radioactive
				materials from the disposal site before they leave the site boundary.
D. The licensee shall have plans for taking
				corrective measures if the environmental monitoring program detects migration
				of radioactive materials which would indicate that the performance objectives
				may not be met.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 13 - LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE › Section 20.3.13.1329 - ALTERNATIVE REQUIREMENTS FOR DESIGN AND OPERATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The department may, upon request or on its own initiative,
				  authorize provisions other than those set forth in sections
				  20.3.13.1322
				  NMAC through
				  20.3.13.1328
				  NMAC for the segregation and disposal of waste, and for the design and
				  operation of a land disposal facility on a specific basis, if it finds
				  reasonable assurance of compliance with the performance objectives of this part
				  (20.3.13 NMAC).
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 13 - LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE › Section 20.3.13.1330 - INSTITUTIONAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Land ownership. Disposal of waste received from other persons may be permitted
				only on land owned in fee by the federal or a state government.
B. Institutional control. The land owner or
				custodial agency shall conduct an institutional control program to physically
				control access to the disposal site following transfer of control of the
				disposal site from the disposal site operator. The institutional control
				program shall also include, but not be limited to, conducting an environmental
				monitoring program at the disposal site, periodic surveillance, minor custodial
				care and other requirements as determined by the department, and shall include
				administration of funds to cover the costs for these activities. The period of
				controls will be determined by the department, but controls may not be relied
				upon for more than 100 years following transfer of control of the disposal site
				to the owner.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 13 - LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE › Section 20.3.13.1331 - APPLICANT QUALIFICATIONS AND ASSURANCES

Current through Register Vol. 35, No. 13, July 16, 2024
Each applicant shall show that it either possesses the
				  necessary funds or has reasonable assurance of obtaining the necessary funds,
				  or by a combination of the two, to cover the estimated costs of conducting all
				  licensed activities over the planned operating life of the project, including
				  costs of construction and disposal.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 13 - LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE › Section 20.3.13.1332 - FUNDING FOR DISPOSAL SITE CLOSURE AND STABILIZATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The applicant shall provide assurance
				prior to the commencement of operations that sufficient funds will be available
				to carry out disposal site closure and stabilization, including:
(1) decontamination of dismantlement of land
				disposal facility structures; and
(2) closure and stabilization of the disposal
				site so that, following transfer of the disposal site to the site owner, the
				need for ongoing active maintenance is eliminated to the extent practicable and
				only minor custodial care, surveillance and monitoring are required; these
				assurances shall be based on department-approved cost estimates reflecting the
				department-approved plan for disposal site closure and stabilization; the
				applicant's cost estimates must take into account total costs that would be
				incurred if an independent contractor were hired to perform the closure and
				stabilization work;
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 13 - LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE › Section 20.3.13.1333 - FINANCIAL ASSURANCE FOR INSTITUTIONAL CONTROLS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Prior to the issuance of the license, the
				applicant shall provide for department approval a binding arrangement between
				the applicant and the disposal site owner that ensures that sufficient funds
				will be available to cover the costs of monitoring and any required maintenance
				during the institutional control period. The binding arrangement shall be
				reviewed annually by the department to ensure that changes in inflation,
				technology and disposal facility operations are reflected in the
				arrangements.
B. Subsequent changes
				to the binding arrangements specified in Subsection A of 20.3.13.1334 NMAC
				relevant to institutional control shall be submitted to the department for
				prior approval.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 13 - LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE › Section 20.3.13.1335 - TESTS ON LAND DISPOSAL FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
Each licensee shall perform, or permit the department to
				  perform, any tests the department deems appropriate or necessary for the
				  administration of the regulations in this part (20.3.13 NMAC), including, but
				  not limited to, tests of:
A.
				wastes;
B. facilities used for the
				receipt, storage, treatment, handling or disposal of wastes;
C. radiation detection and monitoring
				instruments; or
D. other equipment
				and devices used in connection with the receipt, possession, handling,
				treatment, storage or disposal of waste.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 13 - LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE › Section 20.3.13.1336 - DEPARTMENT INSPECTIONS OF LAND DISPOSAL FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each licensee shall afford to the
				department at all reasonable times, opportunity to inspect waste not yet
				disposed of and the premises, equipment, operations and facilities in which
				wastes are received, possessed, handled, treated, stored or disposed.
B. Each licensee shall make available to the
				department for inspection, upon reasonable notice, records kept by the licensee
				pursuant to these regulations. Authorized representatives of the department may
				copy and take away copies of, for the department's use, any record required to
				be kept pursuant to these regulations.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 14 - NATURALLY OCCURRING RADIOACTIVE MATERIALS (NORM) IN THE OIL AND GAS INDUSTRY › Section 20.3.14.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The regulations
				of this Subpart [Part] and other applicable subparts of these regulations apply
				to any person who engages in the extraction, transfer, transport, storage or
				disposal of NORM, or in the enhancement of NORM, in the oil and gas industry by
				altering the chemical properties, physical state or concentration of the NORM
				or its potential exposure pathways to humans.
B. The regulations of this Subpart [Part] and
				other applicable subparts of these regulations also apply to sludges and scale
				deposits in tubulars and equipment and to scale deposits from cleaning added to
				the environment. The regulations of this Subpart [Part] and other applicable
				subparts of these regulations also apply to NORM deposits in soil, water and
				the environment unless otherwise regulated.
C. The regulations of this Subpart and other
				applicable subparts of these regulations also address Regulated NORM
				management, transfer, storage, and disposal with regard to facilities involved
				in storage and/or cleaning of tubulars and equipment.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 14 - NATURALLY OCCURRING RADIOACTIVE MATERIALS (NORM) IN THE OIL AND GAS INDUSTRY › Section 20.3.14.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
PURPOSE: This Subpart [Part] establishes radiation protection
				  standards for the possession, use, transfer, transport, storage and disposal of
				  naturally occurring radioactive materials (NORM) associated with the oil and
				  gas industry, and which are not subject to regulation under the Atomic Energy
				  Act of 1954, as amended. Nothing in these regulations relieves a licensee from
				  abiding by the regulations of the New Mexico Water Quality Control Commission,
				  other applicable state and federal laws and regulations including those of the
				  New Mexico Oil Conservation Commission, or the terms and conditions of the
				  Rocky Mountain Low Level Radioactive Waste Compact.