N.M. Code R. § 20.3.3.310 – Public Notice, Participation and Hearing

A. Within 60 days following:
1. (1) initial receipt of a new license application, or each additional submission of information by the applicant, the secretary will either accept the application for a new license for a review and give notice pursuant to Subsection B of this section, or notify the applicant in writing of any deficiencies in the application that must be corrected in order for the application to be accepted for review;
2. (2) a license amendment or license renewal application requesting a change of the location where radioactive material will be stored or used, the secretary will issue notices pursuant to Subsection B of this section;
3. (3) a license amendment or license renewal application requesting a change of principal activity, the secretary will issue notices pursuant to Subsection B of this section.
B. Notices. The secretary shall give a notice of acceptance of a new application, license amendment or renewal license application described in Subsection A of this section:
1. (1) to the applicant, by certified mail; and
2. (2) to the public, by the publication of a notice in at least one newspaper of general circulation in the area of the proposed activity in the license application, and in other newspapers as deemed appropriate by the secretary;
3. (3) the secretary shall make a good faith effort to notify of acceptance of a new application, license amendment or renewal license application described in of Subsection A of this section by first-class mail:
  1. (a) any local, state, Indian Tribal government or federal government agency that the secretary determines may be significantly affected or interested; and
  2. (b) any other person who, prior to such notice, has requested in writing such notices.
C. The notice specified in Paragraph (2) of Subsection B of this section shall include:
1. (1) the name and address of the applicant;
2. (2) the location of the proposed activity;
3. (3) a brief description of the procedures to be followed by the secretary in making a final determination;
4. (4) a brief description of the proposed activity;
5. (5) the time within which written comments and requests for public hearings will be accepted; and
6. (6) the means by which interested persons may obtain further information;
7. (7) the following sample notice satisfies the requirements of this section:
  PUBLIC NOTICE
  The New Mexico Environment Department (the Department) has received an application for a Radioactive Material License from____________________________________________________(company name and address) for ___________________________(proposed activity) to be located at ____________________________(location).
  During the early part of the evaluation period, the Department will review and comment upon the application. The NMED may, at its discretion, retain consultants to assist it in its evaluation of the application. Relevant comments and questions received by the NMED from various agencies and interested parties will be forwarded to the applicant for its response. Correspondence associated with the application will be on file with the Radiation Control Bureau and will be available for inspection by the applicant and any other interested parties.
  The Department has required the applicant to provide complete plans and other materials addressing, among other things, the public health, safety and environmental aspects of the proposed activity.
  The Department will analyze the license application carefully. During this analysis, the application will be reviewed to ensure that there are no deficiencies, that the application meets all applicable requirements and that there is no reason to believe that the operation will violate any laws or regulations. If the Department is so satisfied, it will issue a Radioactive Material License, to expire in five years.
  The activities of all licensees are inspected periodically to assure compliance with regulations and license conditions.
  The application is available for review at NMED’s offices of the Radiation Control Bureau in Santa Fe, New Mexico.
  It is anticipated that the review period will require about _________ months. Written comments and requests for public hearing will be accepted for _________ days after publication of this notice.
  Written comments regarding this license application should be directed to Radiation Control Bureau, Environment Department, P.O. Box 5469, Santa Fe, New Mexico 87502-5469.
D. The department shall maintain all licensees’ administrative record, which shall be available for public inspection at the department office in Santa Fe.
E. Public comment period.
1. (1) Following the notice pursuant to Subsections B and C of this section and prior to ruling on any new application, or amendment request or renewal license application of the type described in Subsection A of this section, the secretary shall allow for a period of at least 30 days during which written comments or questions about the license application may be submitted by any interested person. If the secretary determines that the questions are relevant to the requirements in 20.3.3.307 NMAC, 20.3.3.308 NMAC and any specific requirements for the type of license requested, the secretary shall require the applicant to answer them.
2. (2) Following the notice of acceptance of the license application pursuant to Subsections A through C of this section and prior to ruling on any application required to be accompanied by an environmental report pursuant to Subsection H of 20.3.3.307 NMAC, the secretary shall allow a period of at least 60 days during which written comments or questions may be submitted by any interested person. If the secretary determines that the questions are relevant to the considerations enumerated in Subsection H of 20.3.3.307 NMAC or 20.3.3.308 NMAC, the secretary shall require the applicant to answer them.
  The secretary may allow an additional written comment period upon submission of additional information to the license application, amendment request or renewal license application described by Subsection A of this section by the applicant, or upon request by members of the public. A written request for a hearing may be made by the members of the public within the time period specified in the public notice described in Subsection C of this section.
F. If the secretary determines that there is significant public interest, or that there is a need to resolve issues not resolvable in writing, the secretary shall order a public hearing be held to provide guidance on any issue relevant to the license proceeding. Notice of the public hearing shall be given at least 30 days prior to the hearing to the persons and in the manner specified in Subsection C of 20.1.4.200 NMAC. Any such public hearing shall be conducted pursuant to the hearing procedures in 20.1.4 NMAC.

[20.3.3.310 NMAC - Rp, 20.3.3.310 NMAC, 4/30/2009; A, 6/13/2017; A, 8/10/2021]