N.M. Admin. Code § 20.3.14.1407

Current through Register Vol. 36, No. 1, January 14, 2025

Section 20.3.14.1407 - DISPOSAL AND TRANSFER OF REGULATED NORM FOR DISPOSAL

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 contaminated soils in place provided that:

(1) the soils were contaminated at that site and prior to promulgation of this Subpart [Part]; and

(2) the limits established in 1403.A [Subsection A., Section 1403 of 20.3.14.1403 NMAC] are met.

B. Disposal of Regulated NORM in nonretrieved flowlines and pipelines, in plugged and abandoned wells or by deep-well injection shall be done pursuant to a general license issued under 1410 [Section 1410 of 20.3.14.1410 NMAC] and pursuant to applicable Division rules and regulations.

C. All licensees shall store, transfer and/or dispose of Regulated NORM in accordance with the Worker Protection Plan required under 1405 [Section 1405 of 20.3.14.1405 NMAC]. All requirements of this Worker Protection Plan shall be available for inspection by the Department.

D. Regulated NORM shall only be disposed by the methods enumerated below, except that the Department will consider and approve alternative methods of disposal if the applicant demonstrates that such alternative method(s) will protect the environment, public health and fresh waters, and otherwise is consistent with this Subpart [Part], with other provisions of this Part and with applicable Division rules and regulations.

(1) Disposal in Non-retrieved Flowlines and Pipelines: Non-retrieved flowlines and pipelines which are buried are authorized by the Department to be left in place in accordance with Division rules and regulations.

(2) Disposal at Commercial and Centralized Facilities: Before a commercial or centralized facility may accept Regulated NORM for treatment and/or disposal, the operator of the facility shall obtain both a specific license issued by the Department pursuant to the requirements of this Subpart [Part] and a permit from the Division, and must be in compliance with Subpart [Part] 13.

(3) Disposal in Plugged and Abandoned Wells: The Department allows downhole disposal of NORM solids and NORM contaminated equipment in wells which are to be plugged and abandoned, provided such procedures are performed in a manner to protect the environment, public health, and fresh waters; are conducted in accordance with applicable Division rules and regulations; and occur below the lowermost underground source of drinking water. The allowable form shall be media-laden fluid with a minimum density of nine (9.0) pounds per gallon and with the allowable volume for disposal dependent on the plug location required for a specific well.

(4) Disposal by Injection: The Department allows the injection of Regulated NORM into Underground Injection Control (UIC) Class I nonhazardous and Class II wells pursuant to NMOCD rules and regulations. All UIC Class I nonhazardous and Class II injection wells shall be permitted by the Division.

(5) Other Disposal Methods: Each person subject to general or specific license requirements shall manage and dispose of Regulated NORM:

(a) in accordance with the applicable requirements of Subparts [Parts] 4 and 10;

(b) in accordance with the applicable requirements of the U.S. Environmental Protection Agency for disposal of such wastes;

(c) by transfer of the wastes for disposal to a land disposal facility licensed by the U.S. Nuclear Regulatory Commission, an Agreement State, or a Licensing State; or

(d) in accordance with alternate methods authorized in this Subpart [Part] or by the Department in writing upon application or upon the Department's initiative and in accordance with Division Regulations.

N.M. Admin. Code § 20.3.14.1407

8-2-95; 20.3.14.1407 NMAC - Rn, 20 NMAC 3.1.14.1407, Recompiled 11/27/01