New Mexico Administrative Code

A. This Subpart [20.3.9 NMAC] establishes procedures for the registration and the use of particle accelerators. B. In addition to the requirements of Subpart 9 [20.3.9 NMAC], all registrants are subject to the requirements of Subparts 1, 2, 4, and 10 of these regulations. Registr…

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No person shall receive, possess, use, transfer, own or acquire a particle accelerator except as authorized in a registration issued pursuant to these regulations or as otherwise provided for in these regulations. The general procedures for registration of particle accelerator fa…

In addition to the requirements of Subpart 2 [20.3.2 NMAC], a registration application for use of a particle accelerator will be approved only if the Department determines that: A. the applicant is qualified by reason of training and experience to use the accelerator in question …

In addition to the requirements set forth in Subpart 2 [20.3.2 NMAC], a registration for use of a particle accelerator in the healing arts will be issued only if: A. Whenever deemed necessary by the Department, the applicant has appointed a medical committee of at least three mem…

A. These regulations establish radiation safety requirements for the use of particle accelerators. The provisions of Section 904 [20.3.9.904 NMAC] through Section 911 [20.3.9.911 NMAC] are in addition to, and not in substitution for, other applicable provisions of these regulatio…

A. No registrant shall permit any person to act as a particle accelerator operator until such person: (1) has been instructed in radiation safety and shall have demonstrated an understanding thereof; (2) has received copies of and instruction in Subpart 9 [20.3.9 NMAC] and the ap…

A. A qualified expert, specifically accepted by the Department, shall be consulted in the design of a particle accelerator installation and called upon to perform a radiation survey when the accelerator is first capable of producing radiation and when the accelerator operates at …

A. Instrumentation, readouts and controls on the particle accelerator control console shall be clearly identified and easily discernible. B. All entrances into a target room or other high radiation area shall be provided with interlocks that shut down the machine under conditions…

A. All locations designated as high radiation areas, and entrances to such locations, shall be equipped with easily observable flashing or rotation warning lights that operate when, and only when, radiation is being produced. B. Except in facilities designed for human exposure, e…

A. Particle accelerators, when not in operation, shall be secured to prevent unauthorized use. B. Only a switch on the accelerator control console shall be routinely used to turn the accelerator beam on and off. The safety interlock system shall not be used to turn off the accele…

A. There shall be available at each particle accelerator facility, appropriate portable monitoring equipment which is operable and has been calibrated for the appropriate radiations being produced at the facility. Such equipment shall be tested for proper operation daily, when in…

A. Adequate ventilation shall be provided in areas where airborne radioactivity may be produced. B. A registrant, as required by Section 433 [20.3.4.433 NMAC], shall not vent, release or otherwise discharge airborne radioactive material to a restricted area which exceed the limit…

Environmental Improvement Board.

Except as otherwise provided, the regulations of the United States environmental protection agency ("EPA") set forth in 40 CFR Part 260, as it may be modified or amended, is hereby incorporated by reference.

Except as otherwise provided, the regulations of the EPA set forth in 40 CFR Part 273 as it may be modified or amended is hereby incorporated by reference.

Except as otherwise provided, the following modifications, exceptions and omissions are made to the incorporated federal regulations. A. The following terms have the meanings set forth herein. (1) "Aerosol can" means a container in which gas under pressure is used to aerate and d…

Except as otherwise provided, the regulations of the United States environmental protection agency set forth in 40 CFR Part 279 as it may be modified or amended is hereby incorporated by reference.

Except as otherwise provided, the following modifications, exceptions and omissions are made to the incorporated federal regulations. A. Alternative used oil labeling for generators. As an alternative to the labeling requirements for containers and aboveground tanks used to store…

Except as otherwise provided, the following modifications, exceptions, and omissions are made to the incorporated federal regulations: A. The following terms defined in 40 CFR Sections 260.10 and 270.2 have the meanings set forth herein, in lieu of the meanings set forth in 40 CF…

Compliance with this Part does not relieve a person of the obligation to comply with all other applicable state and federal regulations. If the EPA should suspend any federal hazardous waste regulation having a direct counterpart to these regulations, the counterpart in these reg…

This Part shall be liberally construed to effectuate the purpose of the Act.

Reference to any provisions of 40 CFR Part 124 within the text of any other provision of 40 CFR as adopted by this Part shall be construed to mean the corresponding provision of section 901 of this Part with the exception of any reference to 40 CFR sections 124.31 through 124.33 …

Reference to any provisions of 40 CFR Part 280 within the text of any other provision of 40 CFR as adopted by this Part shall be construed to mean the New Mexico Underground Storage Tank Regulations, 20.5.1 through 20.5.17 NMAC.

If any provision or application of this Part is held invalid, the remainder, or its application to other situations or persons, shall not be affected.

If any federal regulation incorporated by reference in this Part is stayed, invalidated, or otherwise rendered unenforceable by EPA, in whole or in part, by action of a federal court or by the EPA, such incorporated federal regulation shall be enforceable by the department only t…

Amendment and supersession of EIB/HWMR7 and this Part shall not affect any administrative or judicial enforcement action pending on the effective date of such amendment nor the validity of any permit issued pursuant to EIB/HWMR-7 or this Part.

Materials incorporated by reference into this Part may be reviewed at the New Mexico Hazardous Waste Bureau, 2905 Rodeo Park Drive East, Bldg. 1, Santa Fe, New Mexico 87505.

All persons that generate, store, transport, or dispose of hazardous waste.

Except as otherwise provided, the regulations of the EPA set forth in 40 CFR Part 261 as it may be modified or amended is hereby incorporated by reference.

Sections 74-1-8 and 74-4-4, NMSA 1978 (as amended).

Except as otherwise provided, the regulations of the EPA set forth in 40 CFR Part 262 as it may be modified or amended is hereby incorporated by reference.

Except as otherwise provided, the following modifications, exceptions and modifications are made to the incorporated federal regulations. The substitution of the following terms in Subparts E, F and H of 40 CFR Part 262 does not apply to Section 20.4.1.300 NMAC: "administrator" a…

Permanent

Except as otherwise provided, the regulations of the EPA set forth in 40 CFR Part 263 as it may be modified or amended is hereby incorporated by reference.

Except as otherwise provided, the following modifications, exceptions and omissions are made to incorporate the federal regulations. A. The following provision of 40 CFR Part 263 is omitted from Section 20.4.1.400 NMAC: Section 263.20(e). B. A transfer facility, which stores mani…

December 1, 2018 unless a later date is cited in the history note at the end of a section.

Except as otherwise provided, the regulations of the EPA set forth in 40 CFR Part 264 as it may be modified or amended is hereby incorporated by reference.

Except as otherwise provided, the following modifications, exceptions and omissions are made to incorporate the federal regulations. A. The following provisions of 40 CFR Part 264 are modified in 20.4.1.500 NMAC: (1) the substitution of "secretary" for the term "regional administ…

The objective of Part 1 of Chapter 4 is to establish regulations for the management of hazardous waste, including standards for the identification and listing of hazardous waste, for generators and transporters of hazardous waste, for owners and operators of hazardous waste treat…

Except as otherwise provided, the regulations of the EPA set forth in 40 CFR Part 265 as it may be modified or amended is hereby incorporated by reference.

Except as otherwise provided, the following modifications, exceptions and omissions are made to the incorporated federal regulations: A. The following provisions of 40 CFR Part 265 are modified in 20.4.1.600 NMAC: (1) the substitution of "secretary" for the term "regional adminis…