New Mexico Register / Volume XXXIII, Issue 18 / September 27,
2022
NEW MEXICO ENVIRONMENT
IMPROVEMENT BOARD
NOTICE
OF SCHEDULED
PUBLIC HEARING TO CONSIDER PROPOSED
AMENDMENTS TO 20.3.3 NMAC, 20.3.5 NMAC, 20.3.7 NMAC, 20.3.12 NMAC, AND 20.3.15
NMAC OF THE RADIATION PROTECTION REGULATIONS
EIB 22-35
The Environmental
Improvement Board (“EIB”) will hold a public hearing December 16, 2022 beginning at 9:00 a.m. MST via internet (WebEx), telephone,
and in person.
If you would like
to attend the public hearing in person, please go to the following address:
Marquez Building
525 Camino De Los
Marquez
Santa Fe, New
Mexico 87505
If you would like
to join the public hearing online via video conference, go to:
https://nmed-oit.webex.com/nmed-oit/j.php?MTID=m431b5a46004719eade0a5a52c2ab575f
Meeting number:
2459 934 8536
Password:
WpcGwJZF236
If you would like
to join the public hearing via telephone, please dial the following number:
+1-415-655-0001 US Toll
Access code: 2459
934 8536
Comments will be
received via electronic mail or smart comment through the conclusion of the
hearing. To comment via electronic mail,
send correspondence to: Pamela.Jones@state.nm.us. To comment
via smart comment, use the following link: https://nmed.commentinput.com/?id=Jx2uQ.
At the public
hearing the EIB will consider proposed amendments to the following regulations:
20.3.3 NMAC “Licensing of Radioactive Materials”; 20.3.5 NMAC “Radiation Safety
Requirements for Industrial Radiographic Operations”; 20.3.7 NMAC “Medical Use
of Radionuclides”; 20.3.12 NMAC “Licenses and Radiation Safety Requirements for
Well Logging”; 20.3.15 NMAC “Licenses and Radiation Safety Requirements for
Irradiators”, as proposed in the Petition to Amend 20.3.3 NMAC, 20.3.5 NMAC,
20.3.7 NMAC, 20.3.12 NMAC, and 20.3.15 NMAC of the Radiation Protection
Regulations and Request for Hearing (“Petition”), docket number EIB 22-35. The
Petition has been filed by the Radiation Control Bureau (“Bureau”) of the New
Mexico Environment Department (“NMED”). The
proposed amendments are to align certain provisions within the state
regulations with mandatory federal requirements.
New Mexico is an
agreement state under 42 U.S.C. § 2021 and NMSA 1978, Section 74-3-15
(1977). As an agreement state, New
Mexico’s state regulations must be compatible to the United States Nuclear
Regulatory Commission’s (“NRC”) regulations.
42 U.S.C. § 2021(d)(2). The
compatibility requirement is met through the promulgation of state regulations
when necessary. The
majority of the amendments currently being proposed are to align certain
provisions within the state regulations with the federal NRC regulations.
Pursuant to NMSA 1978, Section 74-3-5(A) (2000), the proposed amendments were
provided to the Radiation Technology Advisory Council (“RTAC”) at its June 21, 2022 meeting. The
RTAC consented to the amendments as proposed.
Finally, the EIB has the authority to amend the Radiation Protection
Regulations under NMSA 1978, Section 74-1-8(A)(5)
(2020), NMSA 1978, Section 74-1-9 (1985), and Section 74-3-5(A).
In addition, the
proposed amendments include several other minor changes and clarifications to
current definitions, regulations, and procedures. Please note that formatting
and minor technical changes in the regulations other than those proposed by
NMED may be proposed at the hearing. In addition, the EIB may make other
changes as necessary to accomplish the purpose of providing public health and
safety in response to public comments and evidence presented at the hearing.
A copy of the
proposed amendments is posted on the Bureau website at https://www.env.nm.gov/rcb/open-meeting-notification-for-radioactive-material-rule-revision/. In addition,
copies of the proposed amendments are posted on the EIB website as attachments
to the Petition under docket number EIB 22-35. https://www.env.nm.gov/environmental-improvement/main-2/.
To obtain a
physical or electronic copy of the proposed amendments contact: Pamela Jones,
Board Administrator, P.O. Box 5469, 1190 St. Francis Drive, Suite S-2103, Santa
Fe, New Mexico, 87502; Pamela.Jones@state.nm.us; (505) 660-4305. In your correspondence reference docket number
EIB 22-35.
The hearing will
be conducted in accordance with the EIB’s Rulemaking Procedures found at
20.1.1.1 – 501 NMAC, the Environmental Improvement Act under Section 74-1-9,
and other applicable procedures and procedural orders. Written comments regarding the proposed
revisions may be obtained from Pamela Jones, EIB
Administrator, at the contact information listed above.
All interested
persons will be given reasonable opportunity at the hearing to submit relevant
evidence, data, views and arguments, orally or in
writing, to introduce exhibits, and to examine witnesses. Any person who wishes to submit a
non-technical written statement for the record in lieu of oral testimony must
file such statement prior to the close of the hearing via electronic mail to: Pamela.Jones@state.nm.us or via smart comment at the following link:
https://nmed.commentinput.com/?id=Jx2uQ.
Persons wishing to
present technical testimony must file with the EIB a written notice of intent
to do so. Notices of intent for the
hearing must be received by the EIB by 5:00 p.m. MST on November 28, 2022, and
should reference the name of the regulations, the date of the hearing (December
16, 2022), and docket number EIB 22035.
The requirements
for a notice of intent can be found in 20.1.1.302 NMAC.
The notice of
intent shall:
- identify the person or entity for whom the
witness(es) will testify;
- identify each technical witness that the
person intends to present and state the qualifications of the witness,
including a description of his or her education and work background;
-if the hearing
will be conducted at multiple locations, indicate the location or locations at
which the witnesses will be present;
- include a copy of the direct testimony of
each technical witness in narrative form;
- include the text of any recommended
modifications to the proposed regulatory change; and
- list and attach all exhibits anticipated to
be offered by that person at the hearing, including any proposed statement of
reasons for adoption of the rule language being proposed.
If you are an
individual with a disability and you require assistance or an auxiliary aid,
e.g., sign language interpreter, to participate in any aspect of this process,
please contact Pamela Jones, Board Administrator, at least 14 days prior to the
hearing date at P.O. Box 5469, 1190 St. Francis Drive, Suite S-2103, Santa Fe,
New Mexico, 87502, telephone (505) 660-4305 or email Pamela.Jones@state.nm.us.
(TDD or TTY) users please access the number via the New Mexico Relay Network,
1-800-659-1779 (voice); TTY users: 1-800-659-8331).
The EIB may make a decision on the proposed regulatory changes at the
conclusion of the hearing or may convene a meeting after the hearing to
consider action on the proposal.
STATEMENT OF
NON-DISCRIMINATION
NMED does not
discriminate on the basis of race, color, national
origin, disability, age or sex in the administration of its programs or
activities, as required by applicable laws and regulations.
NMED is
responsible for coordination of compliance efforts and receipt of inquiries
concerning non-discrimination requirements implemented by 40 C.F.R. Parts 5 and
7, including Title VI of the Civil Rights Act of 1964, as amended; Section 504
of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975, Title IX
of the Education Amendments of 1972, and Section 13 of the Federal Water
Pollution Control Act Amendments of 1972. If you have any questions about this
notice or any of NMED’s non-discrimination programs, policies
or procedures, you may contact:
Kathryn Becker,
Non-Discrimination Coordinator, New Mexico Environment Department, 1190 St.
Francis Dr., Suite N4050, P.O. Box 5469, Santa Fe, NM 87502, (505) 827-2855, nd.coordinator@state.nm.us.
If you believe
that you have been discriminated against with respect to a NMED program or
activity, you may contact the Non-Discrimination Coordinator identified above
or visit our website at
https://www.env.nm.gov/non-employee-discrimination-complaint-page/ to learn how
and where to file a complaint of discrimination.