New Mexico Administrative Code

A. Any person is exempt from the requirements in this part to the extent that such person receives, possesses, uses, transfers or delivers source material in any chemical mixture, compound, solution or alloy in which the source material is by weight less than one twentieth of one…

A. Exempt concentrations. (1) Except as provided in Paragraphs (3) and (4) of this subsection, any person is exempt from the license requirements in this part to the extent that such person receives, possesses, uses, transfers, owns or acquires products or materials containing ra…

Licenses for radioactive materials are of two types: general and specific. A. General License. A general license is provided by regulation, grants authority to a person for certain activities involving radioactive material, and is effective without the filing of an application wi…

A. General license to receive title to source material or byproduct material (as defined in Paragraph (2) of Subsection F of 20.3.1.7 NMAC). A general license is hereby issued authorizing the receipt of title to source material or byproduct material (as defined in Paragraph (2) o…

A. [RESERVED] B. Certain detecting, measuring, gauging or controlling devices and certain devices for producing light or an ionized atmosphere. (1) A general license is hereby issued as required by Subparagraph (m) of Paragraph (3) of this Subsection to commercial and industrial …

A. Except as specified in Subsection D of this section, the regulations of the United States NRC set forth in 10 CFR 71 are hereby incorporated by reference. B. Shipment and transport of radioactive material shall be in accordance with the provisions of Subsection A of this secti…

A. Except where otherwise determined by the department, applications for specific licenses shall be filed in duplicate on a form prescribed by the department (application for a radioactive material license) in accordance with the instructions to the form. Additional copies of the…

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 accordan…

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 Re…

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, …

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 e…

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 NM…

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 …

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…

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 effectua…

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 …

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 ap…

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 lice…

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.) sha…

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, i…

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 rec…

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 a…

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…

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 sh…

A. Table 339.1. TABLE 329.1 Element (Atomic Number) Isotope Column I Gas Concentration microcurie/milliliter1 Column II Liquid and Solid Concentration microcurie/milliliter2 Antimony (51) Sb-122 Sb-124 Sb-125 3x10-4 2x10-4 1x10-3 Argon (18) Ar-37 Ar-41 1x10-3 4x10-7 Arsenic (33) …

TABLE 330.1 Radioactive Material Acronym Microcuries Antimony-122 (Sb-122) 100 Antimony-124 (Sb-124) 10 Antimony-125 (Sb-125) 10 Arsenic-73 (As-73) 100 Arsenic-74 (As-74) 10 Arsenic-76 (As-76) 10 Arsenic-77 (As-77) 100 Barium-131 (Ba-131) 10 Barium-133 (Ba-133) 10 Barium-140 (Ba-…

A. Table 332.1 TABLE 332.1 Radioactive Material Column I curies Column II curies Antimony-122 1 0.01 Antimony-124 1 0.01 Antimony-125 1 0.01 Arsenic-73 10 0.1 Arsenic-74 1 0.01 Arsenic-76 1 0.01 Arsenic-77 10 0.1 Barium-131 10 0.1 Barium-140 1 0.01 Beryllium-7 10 0.1 Bismuth-210 …

A. Table 333.1 TABLE 333.1 Radioactive Material Release Fraction Quantity (Curies) Actinium-228 0.001 4,000 Americium-241 0.001 2 Americium-242 0.001 2 Americium-243 0.001 2 Antimony-124 0.01 4,000 Antimony-126 0.01 6,000 Barium-133 0.01 10,000 Barium-140 0.01 30,000 Bismuth-207 …

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…

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 te…

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 te…

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 th…

A. Table 338.1 TABLE 338.1 Radioactive Material Microcuries1 Americium-241 0.01 Antimony-122 100 Antimony-124 10 Antimony-125 10 Arsenic-73 100 Arsenic-74 10 Arsenic-76 10 Arsenic-77 100 Barium-131 10 Barium-133 10 Barium-140 10 Bismuth-210 1 Bromine-82 10 Cadmium-109 10 Cadmium-…

Permanent.

April 30, 2009, unless a later date is cited at the end of a section.

This part sets forth rules applicable to all persons in the state of New Mexico governing licensing of radioactive material under the act, and exemptions from the licensing requirements.

A. "Alert" means events that may occur, are in progress, or have occurred that could lead to a release of radioactive material but that the release is not expected to require a response by offsite response organizations to protect persons offsite. B. "Principal activities" means …

Environmental Improvement Board.

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, …

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

Permanent.

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 lice…