New Mexico Environmental Improvement Board Unanimously Approves Repealing And Replacing Fee Structure For Radioactive Materials Licenses Statewide

NMED News:

• • • • • State radiation protection program ensures oversight of the safe use of radioactive materials

SANTA FE — At the request of the New Mexico Environment Department (NMED), the Environmental Improvement Board (EIB) today voted unanimously to repeal and replace a 22-year-old fee structure for radioactive materials licenses in New Mexico.

The updated state fee structure now aligns with the United States Nuclear Regulatory Commission (NRC) fee structure as of July 1 of this year.

NMED’s Radiation Control Bureau oversees 210 licensed facilities across the State of New Mexico including medical facilities, hospitals, academic institutions, and survey and calibration services. Radioactive materials license fees support the day-to-day operations of the Bureau, which include reviewing radioactive material license applications, amendments, and renewals, as well as inspecting these facilities to ensure compliance with radioactive materials license conditions.

“New Mexicans rely on the Environment Department’s Radiation Control Bureau every time they receive an x-ray at the dentist’s office, a mammogram at their provider’s office, a ‘cat scan’ in the hospital, or even when their pet receives an x-ray at their vet’s office,” said Environmental Protection Division Director Michelle Miano. “The men and women of the Radiation Control Bureau help keep you safe as you take care of the health of your family.”

The promulgation of these new rules coincides with the 50th anniversary of when New Mexico, through an agreement with the NRC, committed to maintain a state radiation protection program to ensure oversight of the safe use of radioactive material in the state.

“We have spent 50 years diligently protecting the health and safety of New Mexicans and their surrounding environment from the potential hazards presented by the radioactive materials used in hospitals, academic institutions, and industry,” said Radiation Control Bureau Chief Santiago Rodriguez. “This update provides us the resources we need to continue fulfilling our critical mission for all New Mexicans.”

Key changes for the Radiation Control Bureau’s fee structure include:

• Aligning fees with NRC over a two-year period and annually adjusting for inflation based on the Consumer Price Index;
• Setting application, amendment and renewal fees commensurate with NRC fee structure; and 
• Allowing the Bureau to collect annual fees on July 1 of each year, which corresponds to the beginning of the state fiscal year for budgetary planning predictability.

The rules will continue to provide small entity exemptions for small businesses that qualify under the regulations at 20.3.16 NMAC. The small entity exemption will allow qualifying small businesses to pay reduced annual fees based on gross receipts, average number of employees, small governmental jurisdictions, or educational institutions not publicly supported.

With increased investments from the New Mexico State Legislature to update operational processes, the Radiation Control Bureau was able to modernize its permit fee process to accept on-line payments and saw an 82% reduction in processing time per invoice. The new fee structure and timeline for payments will minimize wait time for licensing by allowing the Bureau to maximize e-billing and payments to the benefit of licensees.

A copy of the rules are available here.