N.M. Admin. Code § 20.3.16.11

Current through Register Vol. 35, No. 21, November 5, 2024

Section 20.3.16.11 - CATEGORIES OF MATERIALS LICENSES, APPLICATION FEES AND ANNUAL FEES

A. The categories of materials licenses for which fees are due for each location of use are listed below in this section. For each category of materials license, the FY 25 and FY 26 application fee and FY 25 and FY 26 annual fee amounts are listed. Starting in FY 27, all license application fees and annual fees charged in FY 26 will be subject to the CPI adjustment described in this Part. Since the amendment application fees are calculated based on the license application fees, no additional CPI adjustment applies to amendment application fees.

B. Special nuclear material:

(1) Licenses for possession and use of special nuclear material of less than a critical mass, as defined in Code of Federal Regulations 10 CFR 70.4, in sealed sources contained in devices used in industrial measuring systems, including x-ray fluorescence analyzers:

(a) License application fee: $1,300 for FY 25 and $1,300 for FY 26; and

(b) Annual fee: $1,200 for FY 25 and $2,400 for FY 26.

(2) All other special nuclear material licenses, except licenses authorizing special nuclear material in the sealed or unsealed form in combination that would constitute a critical mass as defined in Code of Federal Regulations 10 CFR 70.4.

(a) License application fee: $2,700 for FY 25 and $2,700 for FY 26; and

(b) Annual fee: $2,850 for FY 25 and $5,700 for FY 26.

C. Source material:

(1) Licenses for possession and use of source material in recovery operations such as ion exchange facilities.

(a) License application fee: $87,000 for FY 25 and $87,000 for FY 26; and

(b) Annual fee: $87,000 for FY 25 and $87,000 for FY 26.

(2) Licenses that authorize only the possession, use and/or installation of source material for shielding.

(a) License application fee: $1,300 for FY 25 and $1,300 for FY 26; and

(b) Annual fee: $1,350 for FY 25 and $2,700 for FY 26.

(3) Licenses to distribute items containing source material to persons exempt from the licensing requirements of 20.3.3 NMAC.

(a) License application fee: $6,200 for FY 25 and $6,200 for FY 26; and

(b) Annual fee: $4,450 for FY 25 and $8,900 for FY 26.

(4) Licenses to possess, distribute, transfer, store, and dispose of source material to persons specifically licensed under 20.3.3 NMAC.

(a) License application fee: $2,000 for FY 25 and $2,000 for FY 26; and

(b) Annual fee: $2,550 for FY25 and $5,100 for FY26.

(5) Licenses for possession and use of source material for processing or manufacturing products or materials containing source material for commercial distribution.

(a) License application fee: $2,700 for FY 25 and $2,700 for FY 26; and

(b) Annual fee: $3,150 for FY 25 and $6,300 for FY 26.

(6) All other source material licenses

(a) License application fee: $2,700 for FY 25 and $2,700 for FY 26; and

(b) Annual fee: $4,250 for FY 25 and $8,500 for FY 26.

D. Byproduct Material:

(1) Licenses of broad scope for possession and use of byproduct material issued for processing or manufacturing of items containing byproduct material for commercial distribution.

(a) License application fee: $13,500 for FY 25 and $13,500 for FY 26; and

(b) Annual fee: $13,700 for FY 25 and $27,400 for FY 26.

(2) Other licenses for possession and use of byproduct material issued for processing or manufacturing of items containing byproduct material for commercial distribution.

(a) License application fee: $3,700 for FY 25 and $3,700 for FY 26; and

(b) Annual fee: $4,800 for FY 25 and $9,600 for FY 26.

(3) Licenses authorizing the processing or manufacturing and distribution or redistribution of radiopharmaceuticals, generators, reagent kits and/or sources and devices containing byproduct material.

(a) License application fee: $5,400 for FY 25 and $5,400 for FY 26; and

(b) Annual fee: $,4,500 for FY 25 and $9,000 for FY 26.

(4) Licenses for possession and use of byproduct material in sealed sources for irradiation of materials in which the source is not removed from its shield (self-shielded units).

(a) Licensing application fee: $3,300 for FY 25 and $3,300 for FY 26; and

(b) Annual fee: $4,950 for FY 25 and $9,900 for FY 26.

(5) Licenses for possession and use of less than or equal to 10,000 curies of byproduct material in sealed sources for irradiation of materials in which the source is exposed for irradiation purposes. This category also includes underwater irradiators for irradiation of materials in which the source is not exposed for irradiation purposes.

(a) License application fee: $6,700 for FY 25 and $6,700 for FY 26; and

(b) Annual fee: $4,450 for FY 25 and $8,900 for FY 26.

(6) Licenses for possession and use of greater than 10,000 curies of byproduct material in sealed sources for irradiation of materials in which the source is exposed for irradiation purposes. This category also includes underwater irradiators for irradiation of materials in which the source is not exposed for irradiation purposes.

(a) License application fee: $64,300 for FY 25 and $64,300 for FY 26; and

(b) Annual fee: $36,050 for FY 25 and $72,100 for FY 26.

(7) Licenses to distribute items containing byproduct material that require device review or quantities of byproduct material to persons exempt from the licensing requirements of these regulations, except for specific licenses authorizing redistribution of items that have been authorized for distribution to persons exempt from the licensing requirements.

(a) License application fee: $6,900 for FY 25 and $6,900 for FY 26; and

(b) Annual fee: $4,350 for FY 25 and $8,700 for FY 26.

(8) Licenses to distribute items containing byproduct material or quantities of byproduct material that require sealed source and/or device review to specifically licensed persons, except specific licenses authorizing redistribution of items that have been authorized for distribution to generally licensed persons.

(a) License application fee: $2,100 for FY 25 and $2,100 for FY 26; and

(b) Annual fee: $1,800 for FY 25 and $3,600 for FY 26.

(9) License issued to distribute items containing byproduct material or quantities of byproduct material that do not require device evaluation to persons exempt from the licensing requirements, except for specific licenses authorizing redistribution of items that have been authorized for distribution to persons exempt from the licensing requirements.

(a) License application fee: $15,300 for FY 25 and $15,300 for FY 26; and

(b) Annual fee: $8,700 for FY 25 and $17,400 for FY 26.

(10) Licenses issued to distribute items containing byproduct material or quantities of byproduct material that do not require sealed source and/or device review to persons specifically licensed, except specific licenses authorizing redistribution of items that have been authorized for distribution to persons generally licensed.

(a) License application fee: $1,200 for FY 25 and $1,200 for FY 26; and

(b) Annual fee: $1,350 for FY 25 and $2,700 for FY 26.

(11) Licenses of broad scope for possession and use of byproduct material for research and development that do not authorize commercial distribution.

(a) License application fee: $5,700 for FY 25 and $5,700 for FY 26; and

(b) Annual fee: $6,250 for FY 25 and $12,500 for FY 26.

(12) Other licenses for possession and use of byproduct material for research and development that do not authorize commercial distribution.

(a) License application fee: $8,600 for FY 25 and $8,600 for FY 26; and

(b) Annual fee: $6,700 for FY 25 and $13,400 for FY 26

(13) Licenses that authorize services for other licensees:

(a) License application fee: $9,200 for FY 25 and $9,200 for FY 26; and

(b) Annual fee: $7,600 for FY 25 and $15,200 for FY 26.

(14) Licenses for the possession and use of byproduct material for industrial radiography operations; this category also includes the possession and use of source material for shielding when authorized on the same license:

(a) License application fee: $9,200 for FY 25 and $9,200 for FY 26; and

(b) Annual fee: $14,550 for FY 25 and $29,100 for FY 26.

(15) All other specific byproduct material licenses, including calibration and leak testing:

(a) License application fee: $6,600 for FY 25 and $6,600 for FY 26; and

(b) Annual fee: $4,950 for FY 25 and $9,900 for FY 26.

(16) Licenses for production of accelerator-produced radionuclides:

(a) License application fee: $14,700 for FY 25 and $14,700 for FY 26; and

(b) Annual fee: $11,900 for FY 25 and $23,800 for FY 26.

E. Waste disposal and processing:

(1) Class 1 Waste Licenses - Licenses specifically authorizing the receipt of waste byproduct material, source material, NORM, or special nuclear material from other persons specifically licensed for the purpose of contingency storage or commercial land disposal by the licensee; or licenses for receipt of waste from other persons for incineration or other treatment, packaging of resulting waste and residues, and transfer of packages to another person authorized to receive or dispose of waste material:

(a) License application fee: $5,000 for FY 25 and $10,000 for FY 26; and

(b) Annual fee: $10,000 for FY 25 and $20,000 for FY 26.

(2) Class 2 Waste Licenses - Licenses specifically authorizing the receipt of waste byproduct material, source material, NORM, or special nuclear material from other persons for the purpose of packaging or repackaging the material. The licensee will dispose of the material by transfer to another person authorized to receive or dispose of the material:

(a) License application fee: $0 for FY 25 and $0 for FY 26; and

(b) Annual fee: $7,480 for FY 25 and $7,480 for FY 26.

(3) Class 3 Waste Licenses - Licenses specifically authorizing the receipt of prepackaged waste byproduct material, source material, NORM, or special nuclear material from other persons. The licensee will dispose of the material by transfer to another person authorized to receive or dispose of the material:

(a) License application fee: $0 for FY 25 and $0 for FY 26; and

(b) Annual fee: $5,530 for FY 25 and $5,530 for FY 26.

F. Well logging:

(1) Licenses for possession and use of byproduct material, source material, and/or special nuclear material for well logging, well surveys, and tracer studies other than field flooding tracer studies:

(a) License application fee: $4,800 for FY 25 and $4,800 for FY 26; and

(b) Annual fee: $6,250 for FY 25 and $12,500 for FY 26.

(2) Licenses for possession and use of byproduct material for field flooding tracer studies:

(a) License application fee: $6,530 for FY 25 and $6,530 for FY 26; and

(b) Annual fee: $3,265 for FY 25 and $6,530 for FY 26.

G. Nuclear laundries - Licenses for commercial collection and laundry of items contaminated with byproduct material, source material, or special nuclear material and storage and transfer of laundry from the license location:

(1) License application fee: $22,900 for FY 25 and $22,900 for FY 26; and

(2) Annual fee: $14,050 for FY 25 and $28,100 for FY 26.

H. Medical licenses:

(1) Licenses for human use of byproduct material, source material, or special nuclear material in sealed sources contained in gamma stereotactic radiosurgery units teletherapy devices; this category also includes the possession and use of source material for shielding when authorized on the same license:

(a) License application fee: $11,500 for FY 25 and $11,500 for FY 26; and

(b) Annual fee: $13,550 for FY 25 and $27,100 for FY 26.

(2) Licenses of broad scope issued to medical institutions or two or more physicians authorizing research and development, including human use of byproduct material except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices:

(a) License application fee: $9,000 for FY 25 and $9,000 for FY 26; and

(b) Annual fee: $18,500 for FY 25 and $37,000 for FY 26.

(3) Other licenses for human use of byproduct material, source material, and/or special nuclear material except licenses for in-vitro analysis, and except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices; this category also includes the possession and use of source material for shielding when authorized on the same license:

(a) License application fee: $10,900 for FY 25 and $10,900 for FY 26; and

(b) Annual fee: $8,400 for FY 25 and $16,800 for FY 26.

I. Civil defense - Licenses for possession and use of byproduct material, source material, or special nuclear material for civil defense activities:

(1) License application fee: $2,600 for FY 25 and $2,600 for FY 26; and

(2) Annual fee: $3,000 for FY 25 and $6,000 for FY 26.

J. Reciprocal Recognition of Licenses under 20.3.3.24 NMAC:

(1) License application fee: $2,700 for FY 25 and $2,700 for FY 26; and

(2) Annual fee: $0 for FY25 and $0 for FY26.

K. New categories. For generators of any category and any licensable quantity of radioactive material not listed above:

(1) License application fee: $10,000 for FY 25 and $10,000 for FY 26; and

(2) Annual Fee: $10,000 for FY 25 and $10,000 for FY 26.

N.M. Admin. Code § 20.3.16.11

20.3.16.11 NMAC - N, 5/19/2002, Adopted by New Mexico Register, Volume XXXV, Issue 07, April 9, 2024, eff. 5/1/2024