A. The environmental improvement board shall have exclusive authority to promulgate regulations prescribing the conditions for transport of radioactive material on the highways. Such conditions shall include the conditions of transport that the environmental improvement board finds necessary to protect the health, safety and welfare of the citizens of the state. Except as specifically preempted by federal law, the state transportation commission shall have the exclusive authority within New Mexico to designate highway routes for the transport of radioactive material. Any rule or regulation adopted by the environmental improvement board that designates highway routes for the transport of radioactive material and that was in effect prior to March 1, 1991 is deemed null and void. The state transportation commission shall incorporate into the record and consider in the initial designation of routes for the transport of radioactive material the evidentiary record from the environmental improvement board public hearings held for the purpose of receiving public comment regarding the designation of routes for the transport of radioactive material.
B. For the purposes of this section, "radioactive material" means a material or combination of materials that spontaneously emits ionizing radiation. Materials in which the estimated specific activity is not greater than 0.002 microcuries per gram of material, and in which the radioactivity is essentially uniformly distributed, are not considered to be radioactive materials. "Radioactive material" includes but is not limited to:
(1) materials associated with the operation and decommissioning of nuclear reactors and the supporting fuel cycle;
(2) industrial radioisotope sources;
(3) radioactive materials used in nuclear medicine;
(4) radioactive materials used for research, education or training; and
(5) radioactive wastes; but does not include radioactive material the regulation of which has been specifically preempted by federal law.
C. The department of environment shall have the authority to impose fines not to exceed one thousand dollars ($1,000) as set by regulation of the environmental improvement board for a violation of the board's regulations pertaining to the transport of radioactive materials.
D. Nothing in this section shall be construed to alter the obligation of the state under the April 3, 1974 agreement between the state and the atomic energy commission for the discontinuance of certain commission regulatory authority and responsibility.
History: Laws 1979, ch. 377, § 1; 1981, ch. 366, § 1; 1991, ch. 204, § 1; 2003, ch. 142, § 95.
ANNOTATIONSThe 2003 amendment, effective July 1, 2003, substituted "state transportation commission" for "state highway commission"; and substituted "department of environment" for "environmental improvement division of the health and environment" in Subsection C.
The 1991 amendment, effective April 4, 1991, in Subsection A, deleted "including routing criteria" at the end of the second sentence, rewrote the third sentence which read "Except as specifically preempted by federal law, the environmental improvement board shall have the exclusive authority within New Mexico to designate routes and otherwise regulate the transportation of radioactive material on the highways as it deems appropriate and necessary" and added the fourth and fifth sentences; rewrote Subsection B; and inserted "of the health and environment department" in Subsection C.
Law reviews. — For article, "Radioactive Wastes," see 24 Nat. Resources J. 967 (1984).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 6 Am. Jur. 2d Atomic Energy § 79; 27A Am. Jur. 2d Energy & Power Sources § 73; 61A Am. Jur. 2d Pollution Control § 1156.
Validity of local regulation of hazardous waste, 67 A.L.R.4th 822.
State or local regulation of transportation of hazardous materials as pre-empted by Hazardous Materials Transportation Act (49 U.S.C.S. § 1801 et seq.), 78 A.L.R. Fed. 289.
39A C.J.S. Health and Environment § 61.