N.M. Admin. Code § 20.3.16.7

Current through Register Vol. 35, No. 21, November 5, 2024

Section 20.3.16.7 - DEFINITIONS

A."Amendment" means a request made by a licensee to the department to approve a change to its license. Examples of amendments include, but are not limited to, changes to users, changes in materials, and transfers of licenses.

B."Application" means an application for a new license, a renewal of a license or an amendment.

C."Byproduct material" means any radioactive material (except special nuclear material) yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material.

D."Department" means the New Mexico environment department and its duly authorized representatives.

E."Fee" means an amount to be charged by the department in accordance with the provisions in this Part.

F."Fiscal year" or "FY" means a year that begins on July 1 of each calendar year and ends on June 30 of the following calendar year. Fiscal years are identified by the year in which they end (e.g., fiscal year 2025 begins on July 1, 2024 and ends on June 30, 2025).

G."Generator" means a person who produces, uses, stores, transfers, or disposes of radioactive materials in any licensable quantity.

H."Government agency" means any state or federal executive department, commission, independent establishment, corporation, wholly or partly owned by any state or the United States of America which is an instrumentality of the state or United States, or any board, bureau, division, service, office, officer, authority, administration, or other establishment in executive branches of government.

I."License" or "Materials license" means a license, certificate, approval, registration, or other form of permission issued by the department under the various parts of these regulations.

J."Nonprofit educational institution" means a public or nonprofit educational institution whose primary function is education, whose programs are accredited by a nationally recognized accrediting agency or association, who is legally authorized to provide a program of organized instruction or study, who provides an educational program for which it awards academic degrees, and whose educational programs are available to the public.

K."NORM" means any naturally occurring radioactive material subject to the licensing requirements of these regulations.

L."NRC" means the U.S. Nuclear Regulatory Commission; an officer, employee, or authorized representative of the commission.

M."Operating license" means having a license issued pursuant to Part 3, Title 20 NMAC.

N."Person means":

(1) any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, or Government agency other than the department; any state or any political subdivision of, or any political entity within, a state; any foreign government or nation or any political subdivision of any such foreign government or nation; or other entity; and

(2) any legal successor, representative, agent, or agency of the foregoing.

O."Registration holder" as used in this part means any manufacturer or initial distributor of a sealed source or device containing a sealed source that holds a certificate of registration issued by the NRC, or a holder of a registration for a sealed source or device manufactured in accordance with the unique specifications of, and for use by, a single applicant.

P."Source material" means:

(1) uranium or thorium, or any combination thereof, in any physical or chemical form; or

(2) ores which contain by weight one-twentieth of one percent or more of

(a) uranium,

(b) thorium, or

(c) any combination thereof.

(3) Source material does not include special nuclear material.

Q."Special nuclear material" means:

(1) plutonium, uranium-233, uranium enriched in the isotope 233 or in the isotope 235, and any other material which the NRC, pursuant to the provisions of section 51 of the Atomic Energy Act of 1954, as amended, determines to be special nuclear material, but does not include source material; or

(2) any material artificially enriched by any of the special nuclear materials and excluding source material.

N.M. Admin. Code § 20.3.16.7

20.3.16.7 NMAC - N, 5/19/2002, Adopted by New Mexico Register, Volume XXXV, Issue 07, April 9, 2024, eff. 5/1/2024