N.M. Admin. Code § 20.3.1.107

Current through Register Vol. 35, No. 20, October 22, 2024

Section 20.3.1.107 - EXEMPTIONS FROM THE REGULATORY REQUIREMENTS

A. The department may, upon application of any interested person or upon its own initiative, grant such exemptions from the requirements of this chapter as it determines are authorized by law, will not endanger public health and safety or property and are otherwise in the public interest.

B.DOE contractors and NRC contractors. Any DOE contractor or subcontractor and any NRC contractor or subcontractor of the following categories operating within this state is exempt from these regulations to the extent that such contractor or subcontractor under his contract receives, possesses, uses, transfers or acquires sources of radiation:

(1) prime contractors performing work for the DOE at United States government-owned or controlled sites, including the transportation of sources of radiation to or from such sites and the performance of contract services during temporary interruptions of such transportation;

(2) prime contractors of the DOE performing research in, or development, manufacture, storage, testing or transportation of atomic weapons or components thereof;

(3) prime contractors of the DOE using or operating nuclear reactors or other nuclear devices in a United States government-owned vehicle or vessel; and

(4) any other prime contractor or subcontractor of the DOE or NRC when the state and the NRC jointly determine:

(a) that the exemption of the prime contractor or subcontractor is authorized by law; and

(b) that, under the terms of the contract or subcontract, there is adequate assurance that the work thereunder can be accomplished without undue risk to the public health and safety.

C. Common and contract carriers, freight forwarders, warehousemen and United States postal service are exempt from the regulations in 10 CFR parts 31 through 37 and 39 as well as the requirements for a license set forth in section 81 of the Atomic Energy Act to the extent that they transport or store byproduct material in the regular course of carriage for another or storage incident thereto.

D. Mining, extracting, processing, storage or transportation of radioactive ores or uranium concentrates that are regulated by the mine safety and health administration (MSHA), United States department of labor (DOL), or any other federal or state agency having authority are exempt unless the authority is ceded by such agency to the board.

N.M. Admin. Code § 20.3.1.107

20.3.1.107 NMAC - Rp, 20.3.1.107 NMAC, 4/30/2009, Amended by New Mexico Register, Volume XXVIII, Issue 11, June 13, 2017, eff. 6/13/2017