N.M. Admin. Code § 20.3.3.314

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

Section 20.3.3.314 - SPECIAL REQUIREMENTS FOR SPECIFIC LICENSES OF BROAD SCOPE

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 scope" is a specific license authorizing receipt, acquisition, ownership, possession, use and transfer of any chemical or physical form of the radioactive material specified in the license, but not exceeding quantities specified in the license, for purposes authorized by the act. The quantities specified are usually in the multicurie range.

(2) A "type B specific license of broad scope" is a specific license authorizing receipt, acquisition, ownership, possession, use and transfer of any chemical or physical form of radioactive material specified in 20.3.3.332 NMAC, for purposes authorized by the act. The possession limit for a type B broad license, if only one radionuclide is possessed thereunder, is the quantity specified for that radionuclide in column I of 20.3.3.332 NMAC. If two or more radionuclides are possessed thereunder, the possession limit for each is determined as follows: for each radionuclide determine the ratio of the quantity possessed to the applicable quantity specified in column I of 20.3.3.332 NMAC, for that radionuclide. The sum of the ratios for all radionuclides possessed under the license shall not exceed unity.

(3) A "type C specific license of broad scope" is a specific license authorizing receipt, acquisition, ownership, possession, use and transfer of any chemical or physical form of radioactive material specified in 20.3.3.332 NMAC, for any purposes authorized by the act. The possession limit for a type C broad license, if only one radionuclide is possessed thereunder, is the quantity specified for that radionuclide in column II of 20.3.3.332 NMAC. If two or more radionuclides are possessed thereunder, the possession limit is determined for each as follows:

1) for each radionuclide determine the ratio of the quantity possessed to the applicable quantity specified in Column II of 20.3.3.332 NMAC, for the radionuclide;

2) the sum of the ratios for all radionuclides possessed under the license shall not exceed unity.

B.Requirements for the issuance of a type a specific license of broad scope. An application for a type A specific license of broad scope will be approved if the following requirements are met.

(1) The applicant satisfies the general requirements specified in 20.3.3.307 NMAC and 20.3.3.308 NMAC.

(2) The applicant has engaged in a reasonable number of activities involving the use of radioactive materials.

(3) The applicant has established administrative controls and provisions relating to organization and management, procedures, record keeping, material control, material accounting and management review that are necessary to assure safe operations, including:

(a) the establishment of a radiation safety committee composed of such persons as a radiation safety officer, a representative of management, and persons trained and experienced in the safe use of radioactive material;

(b) the appointment of a radiation safety officer who is qualified by training and experience in radiation protection and who is available for advice and assistance on radiation safety matters; and

(c) the establishment of appropriate administrative procedures to assure:

(i) control of procurement and use of radioactive material;

(ii) completion of safety evaluations of proposed uses of radioactive material which take into consideration such matters as the adequacy of facilities and equipment, training and experience of the user and the operating or handling procedures; and

(iii) review, approval and recording by the radiation safety committee of safety evaluation of proposed uses prepared in accordance with Item (ii) of this subparagraph prior to use of the radioactive material.

C.Requirements for the issuance of a type B specific license of broad scope. An application for a type B specific license of broad scope will be approved if the following requirements are met.

(1) The applicant satisfies the general requirements specified in 20.3.3.307 NMAC and 20.3.3.308 NMAC.

(2) The applicant has established administrative controls and provisions relating to organization and management, procedures, record keeping, material control, material accounting and management review that are necessary to assure safe operations, including:

(a) the appointment of a radiation safety officer who is qualified by training and experience in radiation protection and who is available for advice and assistance on radiation safety matters; and

(b) the establishment of appropriate administrative procedures to assure:

(i) control of procurement and use of radioactive material;

(ii) completion of safety evaluations of proposed uses of radioactive materials which take into consideration such matters as the adequacy of facilities and equipment, training and experience of the user, and the operating or handling procedures; and

(iii) review, approval and recording by the radiation safety officer of safety evaluations of proposed uses prepared in accordance with Item (ii) of this subparagraph.

D.Requirements for the issuance of a type C specific license of broad scope. An application for a type C specific license of broad scope will be approved if the following requirements are met.

(1) The applicant satisfies the general requirements specified in 20.3.3.307 NMAC and 20.3.3.308 NMAC.

(2) The applicant submits a statement that radioactive material will be used only by, or under the direct supervision of, individuals who have received:

(a) a college degree at the bachelor level, or equivalent training and experience, in the physical or biological sciences or in engineering; and

(b) at least 40 hours of training and experience in the safe handling of radioactive materials, and in the characteristics of ionizing radiation, units of radiation dose and quantities, radiation detection instrumentation and biological hazards of exposure to radiation appropriate to the type and forms of radioactive material to be used.

(3) The applicant has established administrative controls and provisions relating to procurement of radioactive material, procedures, record keeping, material control, material accounting and management review necessary to assure safe operations.

E.Conditions of specific licenses of broad scope.

(1) Unless specifically authorized pursuant to other parts of this chapter, persons licensed under this section shall not:

(a) conduct tracer studies in the environment involving direct release of radioactive material;

(b) receive, acquire, own, possess, use, transfer or import devices containing 100,000 curies or more of radioactive material in sealed sources used for irradiation of material;

(c) conduct activities for which a specific license issued by the department under 20.3.5 NMAC, 20.3.7 NMAC or 20.3.3.315 NMAC is required; or

(d) add or cause the addition of radioactive material to any food, beverage, cosmetic, drug or other product designed for ingestion or inhalation by, or application to, a human being.

(2) Each type A specific license of broad scope issued under this section shall be subject to the condition that radioactive material possessed under the license shall only be used by, or under the direct supervision of, individuals approved by the licensee's radiation safety committee.

(3) Each type B specific license of broad scope issued under this section shall be subject to the condition that radioactive material possessed under the license shall only be used by, or under the direct supervision of, individuals approved by the licensee's radiation safety officer.

(4) Each type C specific license of broad scope issued under this section shall be subject to the condition that radioactive material possessed under the license shall only be used by, or under the direct supervision of, individuals who satisfy the requirements of Paragraph (2) of Subsection D of this section.

N.M. Admin. Code § 20.3.3.314

20.3.3.314 NMAC - Rp, 20.3.3.314 NMAC, 4/30/2009, Amended by New Mexico Register, Volume XXVIII, Issue 11, June 13, 2017, eff. 6/13/2017