reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 3 - LICENSING OF RADIOACTIVE MATERIALS › Section 20.3.3.308 - GENERAL REQUIREMENTS FOR THE ISSUANCE OF SPECIFIC LICENSES

Current through Register Vol. 35, No. 13, July 16, 2024
A. An application
				for a specific license shall be approved if all of the following requirements
				are met.
(1) The application is for a purpose
				authorized by the act.
(2) The
				applicant is qualified by training and experience to use the material for the
				purpose requested in accordance with the provisions in this chapter and in such
				a manner as to minimize the danger to public health and safety or
				property.
(3) The applicant's
				proposed equipment, facilities and procedures are adequate to minimize danger
				to public health and safety or property.
(4) The applicant satisfies the requirements
				in this section, and any special requirements in
				20.3.3.307
				NMAC and
				20.3.3.309
				NMAC,
				20.3.3.313
				NMAC,
				20.3.3.314
				NMAC or
				20.3.3.315
				NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 3 - LICENSING OF RADIOACTIVE MATERIALS › Section 20.3.3.309 - REQUIREMENTS FOR EMERGENCY RESPONSE PLANS FOR CERTAIN LICENSEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each application
				to possess radioactive materials in unsealed forms, on foils or plated sources,
				or sealed in glass in excess of the quantities in 20.3.3.333 NMAC (Schedule E -
				Quantities of Radioactive Materials Requiring Consideration of the Need for an
				Emergency Plan for Responding to a Release), must contain either:
(1) an evaluation showing that the maximum
				dose to a person offsite due to a release of radioactive materials would not
				exceed 1 rem effective dose equivalent or 5 rems (50 millisieverts) to the
				thyroid; or
(2) an emergency plan
				for responding to a release of radioactive material.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 3 - LICENSING OF RADIOACTIVE MATERIALS › Section 20.3.3.310 - PUBLIC NOTICE, PARTICIPATION AND HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Within 60 days following:
(1) initial receipt of a new license
				application, or each additional submission of information by the applicant, the
				secretary will either accept the application for a new license for a review and
				give notice pursuant to Subsection B of this section, or notify the applicant
				in writing of any deficiencies in the application that must be corrected in
				order for the application to be accepted for review;
(2) a license amendment or license renewal
				application requesting a change of the location where radioactive material will
				be stored or used, the secretary will issue notices pursuant to Subsection B of
				this section;
(3) a license
				amendment or license renewal application requesting a change of principal
				activity, the secretary will issue notices pursuant to Subsection B of this
				section.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 3 - LICENSING OF RADIOACTIVE MATERIALS › Section 20.3.3.311 - FINANCIAL ASSURANCE AND RECORD KEEPING FOR DECOMMISSIONING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Decommissioning funding plan required.
(1) Each applicant for a specific license
				authorizing the possession and use of unsealed radioactive material (except
				source material which is subject to Paragraph (3) of this subsection) of
				half-life greater than 120 days in quantities exceeding 100,000 (1E+5) times
				the applicable quantities set forth in
				20.3.3.338
				NMAC, shall submit a decommissioning funding plan as described in Subsection E
				of this section. The decommissioning funding plan must also be submitted when a
				combination of radioisotopes is involved if R divided by 100,000 (1E+5) is
				greater than 1 (unity rule), where R is defined here as the sum of the ratios
				of the quantity of each radioisotope to the applicable value in
				20.3.3.338
				NMAC.
(2) Each applicant for a
				specific license authorizing the possession and use of sealed sources or plated
				foils of half-life greater than 120 days and in quantities exceeding
				1012 (1E+12) times the applicable quantities set
				forth in
				20.3.3.338
				NMAC (or when a combination of radioisotopes is involved if R, as defined in
				Paragraph (1) of this subsection, divided by 1012 is
				greater than 1), shall submit a decommissioning funding plan as described in
				Subsection E of this section.
(3)
				Each applicant for a specific license authorizing the possession and use of
				more than 100 (1E+2) millicuries of source material in a readily dispersible
				form shall submit a decommissioning funding plan as described in Subsection E
				of this section.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 3 - LICENSING OF RADIOACTIVE MATERIALS › Section 20.3.3.313 - SPECIAL REQUIREMENTS FOR ISSUANCE OF CERTAIN SPECIFIC LICENSES FOR RADIOACTIVE MATERIAL

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Industrial radiographic operations.
In addition to the
				requirements set forth in
				20.3.3.307
				NMAC and
				20.3.3.308
				NMAC, a specific license for use of sealed sources in industrial radiography
				will be issued if the applicant or licensee meets the specific requirements in
				20.3.5 NMAC.
B.
Medical use
				of radioactive materials.
In addition to the requirements set forth in
				20.3.3.307
				NMAC and
				20.3.3.308
				NMAC, a specific license for use of sealed sources and unsealed radioactive
				materials for medical use will be issued if the applicant or licensee meets the
				specific requirements in 20.3.7 NMAC.
C.
Well logging operations and
				subsurface tracer studies.
In addition to the requirements set forth in
				20.3.3.307
				NMAC and
				20.3.3.308
				NMAC, a specific license for use of sealed sources in wireline service
				operations, including mineral-logging, radioactive markers or subsurface tracer
				studies will be issued if the applicant or licensee meets the specific
				requirements in 20.3.12 NMAC.
D.
Land disposal of radioactive waste.
In addition to the
				requirements set forth in
				20.3.3.308
				NMAC, a specific license for any method of land disposal of low-level
				radioactive waste will be issued if the applicant or licensee meets the
				specific requirements in 20.3.13 NMAC.
E.
Naturally occurring radioactive
				materials in the oil and gas industry.
In addition to the requirements
				set forth in
				20.3.3.308
				NMAC, a specific license for use of naturally occurring radioactive materials
				(NORM) in the gas and oil industry will be issued if the applicant or licensee
				meets the specific requirements in 20.3.14 NMAC.
F.
Irradiators.
In addition to
				the requirements set forth in
				20.3.3.307
				NMAC and
				20.3.3.308
				NMAC, a specific license for use of sealed sources in irradiators will be
				issued if the applicant or licensee meets the specific requirements in 20.3.15
				NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 3 - LICENSING OF RADIOACTIVE MATERIALS › Section 20.3.3.314 - SPECIAL REQUIREMENTS FOR SPECIFIC LICENSES OF BROAD SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This section prescribes requirements for the issuance of
				  specific licenses of broad scope for radioactive material ("broad licenses")
				  and certain regulations governing holders of such licenses.
A.
Types of specific licenses of broad
				scope.
(1) A
"
type A specific license of broad
				scope
"
is a specific license authorizing receipt,
				acquisition, ownership, possession, use and transfer of any chemical or
				physical form of the radioactive material specified in the license, but not
				exceeding quantities specified in the license, for purposes authorized by the
				act. The quantities specified are usually in the multicurie range.
(2) A
"type B specific license of
				broad scope"
is a specific license authorizing receipt, acquisition,
				ownership, possession, use and transfer of any chemical or physical form of
				radioactive material specified in
				20.3.3.332
				NMAC, for purposes authorized by the act. The possession limit for a type B
				broad license, if only one radionuclide is possessed thereunder, is the
				quantity specified for that radionuclide in column I of
				20.3.3.332
				NMAC. If two or more radionuclides are possessed thereunder, the possession
				limit for each is determined as follows: for each radionuclide determine the
				ratio of the quantity possessed to the applicable quantity specified in column
				I of
				20.3.3.332
				NMAC, for that radionuclide. The sum of the ratios for all radionuclides
				possessed under the license shall not exceed unity.
(3) A
"type C specific license of
				broad scope"
is a specific license authorizing receipt, acquisition,
				ownership, possession, use and transfer of any chemical or physical form of
				radioactive material specified in
				20.3.3.332
				NMAC, for any purposes authorized by the act. The possession limit for a type C
				broad license, if only one radionuclide is possessed thereunder, is the
				quantity specified for that radionuclide in column II of
				20.3.3.332
				NMAC. If two or more radionuclides are possessed thereunder, the possession
				limit is determined for each as follows:
1)
				for each radionuclide determine the ratio of the quantity possessed to the
				applicable quantity specified in Column II of
				20.3.3.332
				NMAC, for the radionuclide;
2) the
				sum of the ratios for all radionuclides possessed under the license shall not
				exceed unity.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 3 - LICENSING OF RADIOACTIVE MATERIALS › Section 20.3.3.315 - SPECIAL REQUIREMENTS FOR A SPECIFIC LICENSE TO MANUFACTURE, ASSEMBLE, REPAIR OR DISTRIBUTE COMMODITIES, PRODUCTS OR DEVICES WHICH CONTAIN RADIOACTIVE MATERIAL

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Introduction of radioactive material in exempt concentrations into
				products or materials.
(1)
Licensing.
A specific license authorizing the introduction of
				radioactive material into a product or material owned by or in the possession
				of the licensee or another and the transfer of ownership or possession of the
				product or material containing the radioactive material to be transferred to
				persons exempt under Paragraph (1) of Subsection A of
				20.3.3.302 NMAC will be issued by
				NRC pursuant to 10 CFR
				32.11.
(2)
Prohibition of introduction.
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
				Subsection A of
				20.3.3.302 NMAC or equivalent
				regulations of the NRC or an agreement state, except in accordance with a
				license issued by NRC pursuant to
				10 CFR
				32.11.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 3 - LICENSING OF RADIOACTIVE MATERIALS › Section 20.3.3.316 - ISSUANCE OF SPECIFIC LICENSES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Upon a determination that an application meets the requirements of the act and
				20.3 NMAC, the department will issue a specific license authorizing the
				proposed activity in such form and containing such conditions and limitations
				as it deems appropriate or necessary to effectuate the purposes of the
				act.
B. The department may
				incorporate in any license at the time of issuance, or thereafter by license
				amendment, rule, regulation, or order, such additional requirements and
				conditions with respect to the licensee's receipt, possession, use and transfer
				of radioactive material subject to this part as it deems appropriate or
				necessary in order to:
(1) minimize danger to
				public health and safety or property; or
(2) require reports and the keeping of
				records, or to provide for inspections of activities under the license as may
				be appropriate or necessary; or
(3)
				prevent loss or theft of material subject to this chapter.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 3 - LICENSING OF RADIOACTIVE MATERIALS › Section 20.3.3.317 - TERMS AND CONDITIONS OF LICENSES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each license issued pursuant to the
				requirements in this part shall be subject to all the provisions of the act,
				now or hereafter in effect, and to all rules, regulations and orders of the
				board or department.
(1) No right to the
				special nuclear material shall be conferred by the license except as defined by
				the license;
(2) Neither the
				license nor any right under the license shall be assigned or otherwise
				transferred in violation of the provisions of
				20.3.3.317 NMAC;
(3) The license shall be subject to and the
				licensee shall observe, all applicable rules, regulations, and orders of the
				department.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 3 - LICENSING OF RADIOACTIVE MATERIALS › Section 20.3.3.318 - EXPIRATION AND TERMINATION OF LICENSES AND DECOMMISSIONING OF SITES AND SEPARATE BUILDINGS OR OUTDOOR AREAS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				term of a specific license is five years unless the department granted a
				different term. Except as provided in Subsection B of this section, each
				specific license expires at the end of the day on the expiration date stated in
				the license unless the licensee has filed an application for renewal under
				20.3.3.319 NMAC not less than 30
				days before the expiration date stated in the existing license. If an
				application for renewal has been filed at least 30 days before the expiration
				date stated in the existing license, the existing license expires at the end of
				the day on which the department makes a final determination to deny the renewal
				application or, if the determination states an expiration date, the expiration
				date stated in the determination.
B. If the licensee failed to pay outstanding
				annual fees to the department as required by 20.3.16 NMAC, the specific license
				expires at the end of the day on the expiration date stated in the license. The
				licensee shall follow the requirements in Subsection F through L of this
				section for termination of the specific license, or apply for a license
				pursuant to
				20.3.3.307 NMAC after the
				outstanding annual fee(s) has been paid.
C. Each specific license revoked by the
				department expires at the end of the day on the date of the department's final
				determination to revoke the license, or on the expiration date stated in the
				determination, or as otherwise provided by department order.
D. Expiration of the specific license does
				not relieve the licensee from the requirements in 20.3 NMAC. All license
				provisions continue in effect, beyond the expiration date if necessary, with
				respect to possession of radioactive material until the department notifies the
				licensee in writing that the license is terminated. During this time, the
				licensee shall:
(1) limit actions involving
				radioactive material to those related to decommissioning; and
(2) continue to control entry to restricted
				areas until they are suitable for release in accordance with department
				requirements.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 3 - LICENSING OF RADIOACTIVE MATERIALS › Section 20.3.3.319 - RENEWAL OF LICENSES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Applications for renewal of specific licenses shall be filed in accordance with
				20.3.3.307 NMAC not less than 30 days before the expiration date stated in the
				existing license.
B. In any case in
				which a licensee, not less than 30 days prior to expiration of their existing
				license, has filed an application in proper form for renewal or for a new
				license authorizing the same activities, such existing license shall not expire
				until the application has been finally determined by the department.
C. An application for renewal of a license
				shall be approved if the department determines that the requirements of this
				part have been satisfied, and the licensee has paid any outstanding annual
				fee(s) pursuant to 20.3.16 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 3 - LICENSING OF RADIOACTIVE MATERIALS › Section 20.3.3.320 - AMENDMENT OF LICENSES AT REQUEST OF LICENSEE

Current through Register Vol. 35, No. 13, July 16, 2024
A. An license amendment may be requested by
				filing a form prescribed by the department pursuant to 20.3.3.307 NMAC which
				shall specify the proposed amendment and the grounds for the
				amendment.
B. Supporting
				documentation (e.g. training records, certificates, procedures, etc.) shall be
				submitted with the amendment, or provided upon request by the department within
				30 days from the date of the request or other time as may be specified in the
				request. Failure to provide the appropriate supporting documentation within the
				prescribed time frame will be grounds for denial of the amendment.
C. A request for a license amendment shall be
				approved if the department determines that the requirements of this part have
				been satisfied, and the licensee has paid any outstanding annual fee(s)
				pursuant to 20.3.16 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 3 - LICENSING OF RADIOACTIVE MATERIALS › Section 20.3.3.322 - MODIFICATION, SUSPENSION AND REVOCATION OF LICENSES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The terms and conditions of all licenses
				shall be subject to amendment or modification by the department by reason of
				amendments to the act, or by reason of rules, regulations and orders issued by
				the board or department.
B. Any
				license may be modified, suspended or revoked, in whole or in part by the
				department, for any material false statement in the application or any
				statement of fact required under provisions of the act; or because of
				conditions revealed by such application or statement of fact or any report,
				record, or inspection or other means which would warrant the department to
				refuse to grant a license on an original application; or for violation of, or
				failure to observe any of the terms and conditions of the act, conditions of
				the license, or of any rule, regulation, or order of the board or department;
				or the department determines that existing conditions constitute a substantial
				threat to the public health and safety or the environment.
C. Except in cases of willfulness or those in
				which the public health, interest or safety requires otherwise, no license
				shall be modified, suspended, or revoked unless, prior to the institution of
				proceedings therefore, facts or conduct which may warrant such actions shall
				have been called to the attention of the licensee in writing and the licensee
				shall have been accorded an opportunity to demonstrate or achieve compliance
				with all lawful requirements.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 3 - LICENSING OF RADIOACTIVE MATERIALS › Section 20.3.3.323 - TRANSFER OF MATERIAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. No
				licensee shall transfer radioactive material except as authorized by this
				section.
B. Except as otherwise
				provided in their license and subject to the provisions of Sections C and D
				this section any licensee may transfer radioactive material:
(1) to the department after receiving prior
				approval from the department;
(2)
				to the agency in any agreement state which regulates radioactive material
				pursuant to an agreement under Section 274 of the Atomic Energy Act;
(3) to the United States department of
				energy;
(4) to any person exempt
				from the Radiation Protection Act to the extent permitted under such
				exemptions; or to any person in the NRC jurisdiction or an agreement state,
				subject to the jurisdiction of that state, who has been exempted from the
				licensing requirements and regulations of the NRC or the agreement state, to
				the extent permitted under such exemption;
(5) to any person authorized to receive such
				material under terms of a general license or a specific license or equivalent
				licensing document issued by the department, the NRC or an agreement state;
				or
(6) as otherwise authorized by
				the department in writing.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 3 - LICENSING OF RADIOACTIVE MATERIALS › Section 20.3.3.324 - RECIPROCAL RECOGNITION OF LICENSES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Provided that the requirements of this
				section have been met, any person who holds a specific license from the NRC or
				an agreement state, and issued by the regulatory authority having jurisdiction
				where the licensee maintains an office for directing the licensed activity and
				at which radiation safety records are normally maintained, is hereby granted a
				general license to conduct the activities authorized in such licensing document
				within the state of New Mexico for a period not in excess of 180 days in any
				calendar year provided that:
(1) the
				licensing document does not limit the activity authorized by such document to
				specified installations or locations;
(2) the out-of-state licensee notifies the
				department in writing at least three business days prior to engaging in such
				activity, filing a form,
reciprocity application - proposed
				activities
; such notification shall indicate the location of work,
				period of work, and type, manufacturer name and model number of radioactive
				material to be brought within the state, the client's name and address, and
				shall be accompanied by a copy of the pertinent licensing document and
				application fee as determined by 20.3.16 NMAC charged once for each calendar
				year; if, for a specific case, the three-day period would impose an undue
				hardship on the out-of-state licensee, they may, upon application to the
				department, obtain permission to proceed sooner; the department may waive the
				requirements for filing additional written notifications during the calendar
				year following the receipt of the initial notification from a person engaging
				in activities under the general license provided in this section;
(3) the out-of-state licensee complies with
				all applicable provisions of 20.3 NMAC, all provisions of the act, now or
				hereafter in effect, and orders of the board or department and with all the
				terms and conditions of their licensing document, except any such terms and
				conditions which may be inconsistent with requirements in this
				chapter;
(4) the out-of-state
				licensee supplies such other information as the department may request;
				and
(5) the out-of-state licensee
				shall not transfer or dispose of radioactive material possessed or used under
				the general license provided in this section except by transfer to a person
				specifically licensed by the department, an agreement state or by the NRC to
				receive such material.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 3 - LICENSING OF RADIOACTIVE MATERIALS › Section 20.3.3.325 - REPORTING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Immediate Report. Each licensee shall notify the department as soon as possible
				but not later than 4 hours after the discovery of an event that prevents
				immediate protective actions necessary to avoid exposures to radiation or
				radioactive materials that could exceed regulatory limits or releases of
				licensed material that could exceed regulatory limits (events may include
				fires, explosions, toxic gas releases, etc.).
B. Twenty-Four Hour Report. Each licensee
				shall notify the department within 24 hours after the discovery of any of the
				following events involving licensed material.
(1) An unplanned contamination event that:
(a) requires access to the contaminated area,
				by workers or the public, to be restricted for more than 24 hours by imposing
				additional radiological controls or by prohibiting entry into the
				area;
(b) involves a quantity of
				material greater than five times the lowest annual limit on intake specified in
				20.3.4.461 NMAC for the material; and
(c) has access to the area restricted for a
				reason other than to allow radioactive material with a half-life of less than
				24 hours to decay prior to decontamination.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 3 - LICENSING OF RADIOACTIVE MATERIALS › Section 20.3.3.326 - RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
Each person who receives radioactive material pursuant to a
				  license and the regulations in this part and parts 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 is subject to the
				  requirements of this section.
A. The
				licensee shall keep records showing the receipt, transfer and disposal of the
				radioactive material as follows.
(1) The
				licensee shall retain each record of receipt of radioactive material as long as
				the material is possessed and for three years following transfer or disposal of
				the material.
(2) The licensee who
				transferred the material shall retain each record of transfer for three years
				after each transfer unless a specific requirement in another part of the
				regulations in this chapter dictates otherwise.
(3) The licensee who disposed of the material
				shall retain each record of disposal of radioactive material until the
				department terminates each license that authorizes disposal of the
				material.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 3 - LICENSING OF RADIOACTIVE MATERIALS › Section 20.3.3.334 - CRITERIA RELATING TO USE OF FINANCIAL TESTS AND PARENT COMPANY GUARANTEES FOR PROVIDING REASONABLE ASSURANCE OF FUNDS FOR DECOMMISSIONING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Introduction. An
				applicant or licensee may provide reasonable assurance of the availability of
				funds for decommissioning based on obtaining a parent company guarantee that
				funds will be available for decommissioning costs and on a demonstration that
				the parent company passes a financial test. This section establishes criteria
				for passing the financial test and for obtaining the parent company
				guarantee.
B. Financial Test.
(1) To pass the financial test, the parent
				company must meet the criteria of either Subparagraphs (a) or (b) of this
				paragraph.
(a) The parent company must have:
(i) two of the following three ratios: a
				ratio of total liabilities to net worth less than 2.0; a ratio of the sum of
				net income plus depreciation, depletion and amortization to total liabilities
				greater than 0.1; and a ratio of current assets to current liabilities greater
				than 1.5;
(ii) net working capital
				and tangible net worth each at least six times the current decommissioning cost
				estimates (or prescribed amount if a certification is used);
(iii) tangible net worth of at least $10
				million; and
(iv) assets located in
				the United States amounting to at least 90 percent of total assets or at least
				six times the current decommissioning cost estimates (or prescribed amount if a
				certification is used);
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 3 - LICENSING OF RADIOACTIVE MATERIALS › Section 20.3.3.335 - CRITERIA RELATING TO USE OF FINANCIAL TESTS AND SELF-GUARANTEES FOR PROVIDING REASONABLE ASSURANCE OF FUNDS FOR DECOMMISSIONING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Introduction. An applicant or licensee may
				provide reasonable assurance of the availability of funds for decommissioning
				based on furnishing its own guarantee that funds will be available for
				decommissioning costs and on a demonstration that the company passes the
				financial test of Subsection B of this section. The terms of the self-guarantee
				are in Subsection C of this section. This section establishes criteria for
				passing the financial test for the self guarantee and establishes the terms for
				a self-guarantee.
B. Financial
				Test.
(1) To pass the financial test, a
				company must meet all of the following criteria:
(a) tangible net worth at least 10 times the
				total current decommissioning cost estimate for the total of all facilities or
				parts thereof (or the current amount required if certification is used) for all
				decommissioning activities for which the company is responsible as
				self-guaranteeing licensee and as parent-guarantor;
(b) assets located in the United States
				amounting to at least 90 percent of total assets or at least 10 times the total
				current decommissioning cost estimate for the total of all facilities of parts
				thereof (or the current amount required if certification is used) for all
				decommissioning activities for which the company is responsible as
				self-guaranteeing licensee and as parent-guarantor; and
(c) a current rating for its most recent bond
				issuance of AAA, AA or A as issued by Standard and Poors, or Aaa, Aa or A as
				issued by Moodys.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 3 - LICENSING OF RADIOACTIVE MATERIALS › Section 20.3.3.336 - CRITERIA RELATING TO USE OF FINANCIAL TESTS AND SELF-GUARANTEES FOR PROVIDING REASONABLE ASSURANCE OF FUNDS FOR DECOMMISSIONING BY COMMERCIAL COMPANIES THAT HAVE NO OUTSTANDING RATED BONDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Introduction. An applicant or licensee may
				provide reasonable assurance of the availability of funds for decommissioning
				based on furnishing its own guarantee that funds will be available for
				decommissioning costs and on a demonstration that the company passes the
				financial test of Subsection B of this section. The terms of the self-guarantee
				are in Subsection C of this section. This section establishes criteria for
				passing the financial test for the self guarantee and establishes the terms for
				a self-guarantee.
B. Financial
				Test.
(1) To pass the financial test, a
				company must meet the following criteria:
(a)
				tangible net worth greater than $10 million, or at least 10 times the total
				current decommissioning cost estimate (or the current amount required if
				certification is used), whichever is greater, for all decommissioning
				activities for which the company is responsible as self-guaranteeing licensee
				and as parent-guarantor;
(b) assets
				located in the United States amounting to at least 90 percent of total assets
				or at least 10 times the total current decommissioning cost estimate (or the
				current amount required if certification is used) for all decommissioning
				activities for which the company is responsible as self-guaranteeing licensee
				and as parent-guarantor; and
(c) a
				ratio of cash flow divided by total liabilities greater than 0.12 and a ratio
				of total liabilities divided by net worth less than 1.5.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 3 - LICENSING OF RADIOACTIVE MATERIALS › Section 20.3.3.337 - CRITERIA RELATING TO USE OF FINANCIAL TESTS AND SELF-GUARANTEE FOR PROVIDING REASONABLE ASSURANCE OF FUNDS FOR DECOMMISSIONING BY NONPROFIT COLLEGES, UNIVERSITIES AND HOSPITALS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Introduction. An applicant or licensee may provide reasonable assurance of the
				availability of funds for decommissioning based on furnishing its own guarantee
				that funds will be available for decommissioning costs and on a demonstration
				that the applicant or licensee passes the financial test of Subsection B of
				this section. The terms of the self-guarantee are in Subsection C of this
				section. This section establishes criteria for passing the financial test for
				the self-guarantee and establishes the terms for a self-guarantee.
B. Financial Test.
(1) For colleges and universities, to pass
				the financial test a college or university must meet either the criteria in
				Subparagraph (a) or the criteria in Subparagraph (b) of this paragraph.
(a) For applicants or licensees that issue
				bonds, a current rating for its most recent uninsured, uncollateralized and
				unencumbered bond issuance of AAA, AA or A as issued by Standard and Poors or
				Aaa, Aa or A as issued by Moodys.
(b) For applicants or licensees that do not
				issue bonds, unrestricted endowment consisting of assets located in the United
				States of at least $50 million, or at least 30 times the total current
				decommissioning cost estimate (or the current amount required if certification
				is used), whichever is greater, for all decommissioning activities for which
				the college or university is responsible as a self-guaranteeing
				licensee.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 4 - STANDARDS FOR PROTECTION AGAINST RADIATION › Section 20.3.4.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Except as specifically provided in other parts of this
				  chapter, this part applies to persons licensed or registered by the department
				  to receive, possess, use, transfer or dispose of sources of radiation. The
				  limits in this part do not apply to doses due to background radiation, to
				  exposure of patients to radiation for the purpose of medical diagnosis or
				  therapy, to exposure from individuals administered radioactive material and
				  released under Subsection I of
				  20.3.7.703
				  NMAC or to exposure from voluntary participation in medical research
				  programs.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 4 - STANDARDS FOR PROTECTION AGAINST RADIATION › Section 20.3.4.3 - 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 4 - STANDARDS FOR PROTECTION AGAINST RADIATION › Section 20.3.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The requirements
				of this part establish standards for protection against ionizing radiation
				resulting from activities conducted pursuant to licenses or registrations
				issued by the department.
B. The
				requirements of this part are designed to control the receipt, possession, use,
				transfer and disposal of sources of radiation by any licensee or registrant so
				the total dose to an individual, other than background radiation, does not
				exceed the standards for protection against radiation prescribed in this part.
				However, nothing in this part shall be construed as limiting actions that may
				be necessary to protect public health and safety.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 4 - STANDARDS FOR PROTECTION AGAINST RADIATION › Section 20.3.4.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Absorbed dose"
				means the energy imparted by ionizing radiation per unit mass of irradiated
				material. The units of absorbed dose are the gray (Gy) and the rad.
B. "Activity" means the rate of
				disintegration or transformation or decay of radioactive material. The units of
				activity are the becquerel (Bq) and the curie (Ci).
C. "Adult" means an individual 18 or more
				years of age.
D. "Airborne
				radioactive material" means any radioactive material dispersed in the air in
				the form of dusts, fumes, particulates, mists, vapors or gases.
E. "Airborne radioactivity area" means a
				room, enclosure or area in which airborne radioactive materials exist in
				concentrations:
(1) in excess of the derived
				air concentrations (DAC) specified in table I of 20.3.4.461 NMAC; or
(2) to such a degree that an individual in
				the area without respiratory protective equipment could exceed, during the
				hours an individual is present in a week, an intake of 0.6 percent of the
				annual limit on intake (ALI) or 12 DAC-hours.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 4 - STANDARDS FOR PROTECTION AGAINST RADIATION › Section 20.3.4.8 - UNITS OF EXPOSURE AND DOSE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				As used in these regulations, the unit of exposure is the coulomb per kilogram
				(C/kg) of air. One roentgen is equal to 2.58E-4 coulomb per kilogram of
				air.
B. As used in these
				regulations, the units of dose are:
(1) gray
				(Gy) is the SI unit of absorbed dose; one gray is equal to an absorbed dose of
				1 joule per kilogram (1 gray = 100 rads);
(2) rad is the special unit of absorbed dose;
				one rad is equal to an absorbed dose of 100 erg per gram or 0.01 joule per
				kilogram (1 rad = 0.01 gray);
(3)
				rem is the special unit of any of the quantities expressed as dose equivalent;
				the dose equivalent in rem is equal to the absorbed dose in rad multiplied by
				the quality factor (1 rem = 0.01 sievert); and
(4) sievert is the SI unit of any of the
				quantities expressed as dose equivalent; the dose equivalent in sievert is
				equal to the absorbed dose in gray multiplied by the quality factor (1 sievert
				= 100 rems).
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 4 - STANDARDS FOR PROTECTION AGAINST RADIATION › Section 20.3.4.9 - UNITS OF ACTIVITY

Current through Register Vol. 35, No. 13, July 16, 2024
For purposes of these regulations, activity is expressed in
				  the SI unit of becquerel (Bq) or in the special unit of curie (Ci), or their
				  multiples, or disintegrations or transformations per unit of time.
A. One becquerel (Bq) = 1 disintegration or
				transformation per second (dps or tps).
B. One curie (Ci) =
				3.7x1010 disintegration or transformation per second
				(dps or tps) = 3.7x1010 becquerel (Bq) =
				2.22x1012 disintegration or transformation per
				minute (dpm or tpm).
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 4 - STANDARDS FOR PROTECTION AGAINST RADIATION › Section 20.3.4.403 - IMPLEMENTATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any existing
				license or registration condition or technical specification that is more
				restrictive than a requirement in this part remains in force until there is a
				technical specification change, license amendment or renewal, or registration
				amendment or renewal.
B. If a
				license or registration condition or technical specification exempted a
				licensee or registrant from a requirement in the standards for protection
				against radiation in effect prior to May 3, 1995 (see 20.3.4 NMAC codified as
				of May 3, 1995), it continues to exempt the licensee or registrant from the
				corresponding provision of this part.
C. If a license or registration condition
				cites provisions of this part in effect prior to the effective date of the
				regulations in this part, which do not correspond to any current provisions of
				this part, then the license or registration condition remains in force until
				there is a technical specification change, an amendment or renewal of the
				license or registration that modifies or removes that condition.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 4 - STANDARDS FOR PROTECTION AGAINST RADIATION › Section 20.3.4.404 - RADIATION PROTECTION PROGRAMS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Each licensee or registrant shall develop, document and implement a radiation
				protection program commensurate with the scope and extent of licensed or
				registered activities and sufficient to ensure compliance with the provisions
				of this part (see
				20.3.4.441 NMAC for recordkeeping
				requirements related to these programs.)
B. The licensee or registrant shall use, to
				the extent practical, procedures and engineering controls based upon sound
				radiation protection principles to achieve occupational doses and doses to
				members of the public that are ALARA.
C. The licensee or registrant shall, at
				intervals not to exceed 12 months, review the radiation protection program
				content and implementation with all employees before beginning their job duties
				and annually thereafter.
D. To
				implement the ALARA requirements of Subsection B of this section, and
				notwithstanding the requirements in
				20.3.4.413 NMAC, a constraint on
				air emissions of radioactive material to the environment, excluding Radon-222
				and its daughters, shall be established by licensees such that the individual
				member of the public likely to receive the highest dose will not be expected to
				receive a total effective dose equivalent in excess of 10 millirems (0.1
				millisievert) per year from these emissions. If a licensee subject to this
				requirement exceeds this dose constraint, the licensee shall report the
				exceedance as provided in
				20.3.4.453 NMAC and promptly take
				appropriate corrective action to ensure against recurrence.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 4 - STANDARDS FOR PROTECTION AGAINST RADIATION › Section 20.3.4.405 - OCCUPATIONAL DOSE LIMITS FOR ADULTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Annual limits. The licensee or registrant
				shall control the occupational dose to individual adults, except for planned
				special exposures pursuant to 20.3.4.410 NMAC, to the following dose limits:
(1) an annual limit, which is the more
				limiting of:
(a) the total effective dose
				equivalent being equal to 5 rems (0.05 sievert); or
(b) the sum of the deep dose equivalent and
				the committed dose equivalent to any individual organ or tissue other than the
				lens of the eye being equal to 50 rems (0.5 sievert); and
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 4 - STANDARDS FOR PROTECTION AGAINST RADIATION › Section 20.3.4.406 - COMPLIANCE WITH REQUIREMENTS FOR SUMMATION OF EXTERNAL AND INTERNAL DOSES

Current through Register Vol. 35, No. 13, July 16, 2024
A. If the licensee
				or registrant is required to monitor pursuant to both Subsections A and B of
				20.3.4.417 NMAC, the licensee or registrant shall demonstrate compliance with
				the dose limits by summing external and internal doses. If the licensee or
				registrant is required to monitor only pursuant to either Subsection A or
				Subsection B of 20.3.4.417 NMAC, then summation is not required to demonstrate
				compliance with the dose limits. The licensee or registrant may demonstrate
				compliance with the requirements for summation of external and internal doses
				pursuant to Subsections B, C and D of this section. The dose equivalents for
				the lens of the eye, the skin and the extremities are not included in the
				summation, but are subject to separate limits.
B. Intake by Inhalation. If the only intake
				of radionuclides is by inhalation, the total effective dose equivalent limit is
				not exceeded if the sum of the deep dose equivalent divided by the total
				effective dose equivalent limit, and one of the following, does not exceed
				unity:
(1) the sum of the fractions of the
				inhalation ALI for each radionuclide; or
(2) the total number of derived air
				concentration-hours (DAC-hours) for all radionuclides divided by 2,000;
				or
(3) the sum of the calculated
				committed effective dose equivalents to all significantly irradiated organs or
				tissues (T) calculated from bioassay data using appropriate biological models
				and expressed as a fraction of the annual limit; for purposes of this
				requirement, an organ or tissue is deemed to be significantly irradiated if,
				for that organ or tissue, the product of the weighting factors,
				wT, and the committed dose equivalent,
				HT,50, per unit intake is greater than 10 percent of the
				maximum weighted value of HT,50, that is,
				wTHT,50, per unit intake for any
				organ or tissue.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 4 - STANDARDS FOR PROTECTION AGAINST RADIATION › Section 20.3.4.407 - DETERMINATION OF EXTERNAL DOSE FROM AIRBORNE RADIOACTIVE MATERIAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. Licensees or
				registrants shall, when determining the dose from airborne radioactive
				material, include the contribution to the deep dose equivalent, lens dose
				equivalent and shallow dose equivalent from external exposure to the
				radioactive cloud (see 20.3.4.461 NMAC, table notes 1 and 2).
B. Airborne radioactivity measurements and
				DAC values shall not be used as the primary means to assess the deep dose
				equivalent when the airborne radioactive material includes radionuclides other
				than noble gases or if the cloud of airborne radioactive material is not
				relatively uniform. The determination of the deep dose equivalent to an
				individual shall be based upon measurements using instruments or individual
				monitoring devices.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 4 - STANDARDS FOR PROTECTION AGAINST RADIATION › Section 20.3.4.408 - DETERMINATION OF INTERNAL EXPOSURE

Current through Register Vol. 35, No. 13, July 16, 2024
A. For purposes of assessing dose used to
				determine compliance with occupational dose equivalent limits, the licensee or
				registrant shall, when required pursuant to 20.3.4.417 NMAC, take suitable and
				timely measurements of:
(1) concentrations of
				radioactive materials in air in work areas; or
(2) quantities of radionuclides in the body;
				or
(3) quantities of radionuclides
				excreted from the body; or
(4)
				combinations of these measurements.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 4 - STANDARDS FOR PROTECTION AGAINST RADIATION › Section 20.3.4.409 - DETERMINATION OF PRIOR OCCUPATIONAL DOSE

Current through Register Vol. 35, No. 13, July 16, 2024
A. For each individual who may enter the
				licensee's or registrant's restricted area and is likely to receive, in a year,
				an occupational dose requiring monitoring pursuant to 20.3.4.417 NMAC, the
				licensee or registrant shall determine the occupational radiation dose received
				during the current year.
B. Prior
				to permitting an individual to participate in a planned special exposure, the
				licensee or registrant shall determine:
(1)
				the internal and external doses from all previous planned special exposures;
				and
(2) all doses in excess of the
				limits, including doses received during accidents and emergencies, received
				during the lifetime of the individual.