New Mexico Register / Volume XXXIV, Issue 3 / February 14, 2023

This is an amendment to 20.3.15 NMAC, Section 1502, effective 02/14/2023.

20.3.15.1502 SPECIFIC LICENSES FOR IRRADIATORS: The department will approve an application for a specific license for the use of licensed material in an irradiator if the applicant meets the requirements contained in this section.

A. The applicant shall satisfy the general requirements specified in 20.3.3 NMAC and the requirements contained in this part (20.3.15 NMAC).

B. An application for a specific license of category 1 and category 2 quantities of radioactive material shall comply with 10 CFR 37. The licensee shall comply with 10 CFR 37 except as follows:

(1) any reference to the commission or NRC shall be deemed a reference to the department;

(2) 10 CFR 37.5 definitions of agreement state, byproduct material, commission and person shall not be applicable;

(3) 10 CFR 37.7, 10 CFR 37.9, 10 CFR 37.11(a) and (b), 10 CFR 37.13, 10 CFR 37.71, 10 CFR 37.105, and 10 CFR 37.107 shall not be applicable;

(4) for any reporting or notification requirements that the licensee must follow in 10 CFR 37.45, 10 CFR 37.57, 10 CFR 37.77(a) through (d), 10 CFR 37.81, the licensee shall use, when applicable, New Mexico Environment Department/RCB, P.O. Box 5469, Santa Fe, NM 87502-5469 address information.

C. The application must describe the training provided to irradiator operators including:

(1) classroom training;

(2) on-the-job or simulator training;

(3) safety reviews;

(4) means employed by the applicant to test each operator’s understanding of these regulations and licensing requirements, and the irradiator operating and emergency procedures; and

(5) minimum training and experience of personnel who may provide training.

D. The application must include an outline of the written operating and emergency procedures listed in 20.3.15.1518 NMAC that describes the radiation safety aspects of the procedures.

E. The application must describe the organizational structure for managing the irradiator, specifically the radiation safety responsibilities and authorities of the radiation safety officer, and those management personnel who have important radiation safety responsibilities or authorities. In particular, the application must specify who within the management structure has the authority to stop unsafe operations. The application must also describe the training and experience required for the position of radiation safety officer.

F. The application must include a description of the access control system required by 20.3.15.1507 NMAC, the radiation monitors required by 20.3.15.1510 NMAC, the method of detecting leaking sources required by 20.3.15.1521 NMAC including the sensitivity of the method, and a diagram of the facility that shows the locations of all required interlocks and radiation monitors.

G. If the applicant intends to perform leak testing of dry-source-storage sealed sources, the applicant shall establish procedures for leak testing and submit a description of these procedures to the department. The description must include the:

(1) instruments to be used;

(2) methods of performing the analysis; and

(3) pertinent experience of the individual who analyzes the samples.

H. If licensee personnel are to load or unload sources, the applicant shall describe the qualifications and training of the personnel and the procedures to be used. If the applicant intends to contract for source loading or unloading at its facility, the loading or unloading must be done by an organization specifically authorized by the department to load or unload irradiator sources.

I. The applicant shall describe the inspection and maintenance checks, including the frequency of the checks required by 20.3.15.1522 NMAC.

[05/03/95; 20.3.15.1502 NMAC - Rn, 20 NMAC 3.1.15.1502, 04/15/2004; A, 06/13/2017; A, 02/14/2023]