New Mexico Administrative Code

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.

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 reasona…

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, hydr…

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…

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 acce…

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, …

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…

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 …

A. Each licensee shall maintain any records and make any reports in connection with the licensed activities as may be required by the conditions of the license or by the rules, regulations and orders of the department. B. Records which are required by these regulations or by lice…

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,…

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 m…

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 …

Sections 74-1-9, 74-3-5, and 74-3-9 NMSA 1978.

Permanent.

May 3, 1995, unless a later date is cited at the end of a section.

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.]

As used in this part (20.3.13 NMAC), the following definitions apply. A. "Active maintenance" means any significant activity needed during the period of institutional control to maintain a reasonable assurance that the performance objectives in 20.3.13.1307 NMAC and 20.3.13.1308 …

Environmental Improvement Board.

A. For release for unrestricted use, persons who receive, possess, use, process, transfer, distribute, transport, store or dispose of NORM are exempt from the requirements of these regulations if: the NORM present is at concentrations of 30 picocuries per gram or less of radium 2…

A. Radiation survey instruments used to determine exemptions pursuant to 1403.C [Subsection C., Section 1403 of 20.3.14.1403 NMAC] shall be capable of measuring from 1 microroentgen per hour through at least 500 microroentgens per hour. Laboratory analytical instrumentation used …

A. All general and specific licensees shall conduct operations: (1) in compliance with the standards for radiation protection set forth in Subparts 4 and 10 [Parts 4 and 10], except for releases of radioactivity in effluents, which shall be regulated under 1406 [Section 1406 of 2…

A. All licensees shall conduct operations in compliance with the standards for radiation protection set forth in Subpart [Part] 4 and in such a manner that concentrations of radioactive materials which are released to the general environment do not result in an annual dose exceed…

A. Disposal of Regulated NORM on or near the surface of the ground shall be done pursuant to a general license issued under 1410 [Section 1410 of 20.3.14.1410 NMAC] and Subpart [Part] 13 and pursuant to NMOCD Rule 711. A general licensee may blend or disc Regulated NORM contamina…

A. Persons subject to the general license established in 1410.A [Subsection A., Section 1410 of 20.3.14.1410 NMAC] shall conduct radiation surveys of equipment and facilities in their control or possession and maintain that information on file. Surveys would be conducted for all …

A. Storage of Regulated NORM, whether under a general or specific license, will be done in such a manner as to prevent, to the extent practicable, release of NORM to unrestricted areas, and otherwise to protect human health and the environment. B. Storage of Regulated NORM will b…

A. A general license is hereby issued to extract, receive, possess, own, use, process and transport Regulated NORM without regard to quantity. A general license is hereby issued to store Regulated NORM in accordance with the requirements of 1409 [Section 1409 of 20.3.14.1409 NMAC…

A. Unless otherwise exempted under the provisions of 1403 [Section 1403 of 20.3.14.1403 NMAC], or licensed under the provisions of Subpart [Part] 3 of these regulations, the manufacturing and distribution of any material or product containing Regulated NORM shall be specifically …

The licensee shall comply with the provisions of 308 [Section 308 of 20.3.3.308 NMAC].

A. The licensee shall comply with the provisions of 307.A through F [Subsections A. through F., Section 307 of 20.3.3.307 NMAC]. B. An applicant for a specific license shall comply with the Public Notification requirements in 310 [Section 310 of 20.3.3.310 NMAC].

A. The licensee shall comply with the provisions of 316 and 317.A. through C [Subsections A. through C., Section 317 and Section 316 of 20.3.3.316 and 317 NMAC]. B. An application for a Specific License to decontaminate equipment or land not otherwise exempted under the provision…

The licensee shall comply with the provisions in 322 [Section 322 of 20.3.3.322 NMAC].

A. Applications for renewal of specific licenses shall be filed in accordance with 1413 [Section 1413 of 20.3.14.1413 NMAC]. B. In any case in which a licensee, not less than 30 days prior to expiration of an existing license, has filed an application in proper form for renewal o…

Applications for amendment of a specific license shall be filed in accordance with 320 [Section 320 of 20.3.3.320 NMAC], and shall specify the respects in which the licensee desires the license to be amended and the grounds for such amendment.

A. Bq/kg Becquerels per kilogram B. cm centimeters C. dpm disintegrations per minute D. LACT Lease Automated Custody Transfer E. NORM Naturally Occurring Radioactive Material F. P&A Plugged and Abandoned G. pCi/g picocuries per gram H. UIC Underground Injection Control I. mR/hr m…

Recognition of Reciprocal Licenses shall be done in accordance with 324 [Section 324 of 20.3.3.324 NMAC]. 20 3.14.1420 20.3.14.1499 NMAC [RESERVED]

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 pr…

[RESERVED]

[RESERVED]

[RESERVED]

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 t…

A. "Accessible point" means any external location on a piece of equipment, or place on a facility where NORM or Regulated NORM may be present. This includes any internal location which can be reached through an opening, by removal of a plate, lid or hatch or which is made accessi…

Environmental Improvement Board.

A person, as defined in 20.3.1 NMAC of these regulations, may file an application for a specific license authorizing the use of sealed sources in an irradiator on forms provided by the department, in accordance with 20.3.3.307 NMAC.

The department will approve an application for a specific license for the use of licensed material in an irradiator if the applicant meets the requirements contained in this section. A. The applicant shall satisfy the general requirements specified in 20.3.3 NMAC and the requirem…

The applicant may not begin construction of a new irradiator prior to the submission to the department an application for a license for the irradiator. As used in this section, the term "construction" includes the construction of any portion of the permanent irradiator structure …

A. The department may, upon application of any interested person or upon its own initiative, grant any exemptions from the requirements in this part (20.3.15 NMAC) that it determines are authorized by law and will not endanger life or property or the common defense and security, …

A. After the filing of the original application, the department may request further information necessary to enable the department to determine whether the application should be granted or denied. B. Each license is issued with the condition that the licensee will, at any time be…