N.M. Admin. Code § 20.3.3.323

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

Section 20.3.3.323 - TRANSFER OF MATERIAL

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 receiving prior approval from the department;

(2) to the agency in any agreement state which regulates radioactive material pursuant to an agreement under Section 274 of the Atomic Energy Act;

(3) to the United States department of energy;

(4) to any person exempt from the Radiation Protection Act to the extent permitted under such exemptions; or to any person in the NRC jurisdiction or an agreement state, subject to the jurisdiction of that state, who has been exempted from the licensing requirements and regulations of the NRC or the agreement state, to the extent permitted under such exemption;

(5) to any person authorized to receive such material under terms of a general license or a specific license or equivalent licensing document issued by the department, the NRC or an agreement state; or

(6) as otherwise authorized by the department in writing.

C. Before transferring radioactive material to a specific licensee of the department, the NRC or an agreement state, or to a general licensee who is required to register with the department, the NRC or an agreement state prior to receipt of the radioactive material, the licensee transferring the material shall verify that the transferee's license authorizes the receipt of the type, form and quantity of radioactive material to be transferred.

D. The following methods for the verification required by Subsection C of this section are acceptable:

(1) the transferor may have in their possession, and read, a current copy of the transferee's specific license or registration certificate;

(2) the transferor may have in their possession a written certification by the transferee that they are authorized by license or registration certificate to receive the type, form and quantity of radioactive material to be transferred, specifying the license or registration certificate number, issuing agency and expiration date;

(3) for emergency shipments, the transferor may accept oral certification by the transferee that they are authorized by license or registration certificate to receive the type, form and quantity of radioactive material to be transferred, specifying registration certificate number, issuing agency and expiration date; provided that the oral certification is confirmed in writing within 10 days;

(4) the transferor may obtain other sources of information compiled by a reporting service from official records of the department, the NRC or an agreement state as to the identity of licensees and the scope and expiration dates of licenses and registration; or

(5) when none of the methods of verification described in Paragraphs (1) to (4) of this subsection are readily available or when a transferor desires to verify that information received by one of such methods is correct or up-to-date, the transferor may obtain and record confirmation from the department, the NRC or an agreement state that the transferee is licensed to receive the radioactive material.

N.M. Admin. Code § 20.3.3.323

20.3.3.323 NMAC - Rp, 20.3.3.323 NMAC, 4/30/2009