1. A. The licensee shall immediately notify the department by telephone and subsequently, within 30 days, by confirmation in writing, if the licensee knows or has reason to believe that a sealed source has been ruptured. The written confirmation must designate the well or other location, describe the magnitude and extent of the escape of licensed materials, assess the consequences of the rupture, and explain efforts planned or being taken to mitigate these consequences.
2. B. The licensee shall notify the department of the theft or loss of radioactive materials, radiation overexposures, excessive levels and concentrations of radiation and certain other accidents as required by 20.3.4.451 NMAC, 20.3.4.452 NMAC, 20.3.4.453 NMAC and 20.3.3.325 NMAC.

3. C. If a sealed source becomes lodged in a well, and when it becomes apparent that efforts to recover the sealed source will not be successful, the licensee shall:

   1. (1) notify the department by telephone of the circumstances that resulted in the inability to retrieve the source; and

      1. (a) obtain department approval to implement abandonment procedures; or
      2. (b) that the licensee implemented abandonment before department approval because the licensee believed there was an immediate threat to public health and safety; and
   2. (2) advise the well owner or operator, as appropriate, of the abandonment procedures under Subsection A or D of 20.3.12.10 NMAC; and
   3. (3) either ensure that abandonment procedures are implemented within 30 days after the sealed source has been classified as irretrievable or request an extension of time if unable to complete the abandonment procedures.

4. D. The licensee shall, within 30 days after a sealed source has been classified as irretrievable, make a report in writing to the department. The licensee shall send a copy of the report to each appropriate local, state or federal agency that issued permits or otherwise approved of the drilling operation. The report must contain the following information:

   1. (1) date of occurrence;
   2. (2) a description of the irretrievable well logging source involved including the radionuclide and its quantity, chemical and physical form;
   3. (3) surface location and identification of the well;
   4. (4) results of efforts to immobilize and seal the source in place;
   5. (5) a brief description of the attempted recovery effort;
   6. (6) depth of the source;
   7. (7) depth of the top of the cement plug;
   8. (8) depth of the well;
   9. (9) the immediate threat to public health and safety justification for implementing abandonment if prior department approval was not obtained in accordance with Subparagraph (b) of Paragraph (1) of Subsection C of this section;
   10. (10) any other information, such as a warning statement, contained on the permanent identification plaque; and

   11. (11) local, state and federal agencies receiving copy of this report.

       HISTORY OF 20.3.12 NMAC:

       Pre-NMAC History: The material in this part was derived from that previously filed as follows:

       EIB 73-2, Regulations for Governing the Health and Environmental Aspects of Radiation filed on 7/9/1973;

       EIB 73-2, Amendment 1, Regulations for Governing the Health and Environmental Aspects of Radiation filed on 4-17-78;

       EIB RPR-1, Radiation Protection Regulations filed on 4/21/1980;

       EIB RPR-1, Amendment 1, Radiation Protection Regulations filed on 10/13/1981;

       EIB RPR-1, Amendment 2, Radiation Protection Regulations filed on 12/15/1982; and

       EIB RPR-1, Radiation Protection Regulations filed on 3/10/1989.

       History of Repealed Material: 20.3.12 NMAC, Radiation Safety Requirements for Wireline Service Operations and Subsurface Tracer Studies, filed 3/15/2004 is repealed effective 6/30/2011 and replaced by 20.3.12 NMAC, Licenses and Radiation Safety Requirements for Well Logging, effective 6/30/2011.

       Other History: EIB RPR 1, Radiation Protection Regulations, filed 3/10/1989 renumbered and reformatted to 20 NMAC 3.1; Radioactive Materials and Radiation Machines, effective 5/3/1995;

       20 NMAC 3.1; Radioactive Materials and Radiation Machines (filed 4/3/1995) internally renumbered, reformatted and replaced by 20 NMAC 3.1, Radioactive Materials and Radiation Machines, effective 7/30/1999.

       20 NMAC 3.1.Subpart 12, Radiation Safety Requirements For Wireline Service Operations And Subsurface Tracer Studies (filed 6/17/1999) reformatted, amended and replaced by 20.3.12 NMAC, Radiation Safety Requirements for Wireline Service Operations and Subsurface Tracer Studies, effective 4/15/2004.

       20.3.12 NMAC, Radiation Safety Requirements for Wireline Service Operations and Subsurface Tracer Studies, filed 3/15/2004 is repealed effective 6/30/2011 and replaced by 20.3.12 NMAC, Licenses and Radiation Safety Requirements for Well Logging, effective 6/30/2011.

[20.3.12.32 NMAC - Rp, 20.3.12.1224 NMAC, 6/30/2011]