March 27, 2007 

Patricia Gardner, Manager 

Bureau of Environmental Radiation 

New Jersey Department of Environmental Protection 

P.O. Box 415 

Trenton, NJ 08625-0415 

Dear Ms. Gardner: 

We have reviewed the proposed revision to the New Jersey Department of Environmental 

Protection=s, Radiation Protection Programs= Rules (N.J.A.C. 7:28-1 et seq.), received by our 

office on February 27, 2008. These regulations were reviewed by comparison to the equivalent 

Nuclear Regulatory Commission (NRC) rules in 10 CFR Parts 19, 20, 30, 31, 32, 34, 35, 36, 39, 

40, 61, 70, 71, and 150. We discussed our review of the regulations with Jenny Goodman on 

March 27, 2008. 

As a result of our review, we have eight comments that have been identified in the enclosure. 

Please note that we have limited our review to regulations required for compatibility and/or health 

and safety. Under our current procedure, a finding that the New Jersey regulations meet the 

compatibility and health and safety categories of the equivalent NRC regulation may only be made 

based on a review of the final New Jersey regulations. However, we have determined that if your 

proposed regulations were adopted, incorporating our comments and without other significant 

change, they would meet the compatibility and health and safety categories established in the 

Office of Federal and State Materials and Environmental Management Programs (FSME) 

Procedure SA-200. We request that when the proposed regulations are adopted and published 

as final regulations, a copy of the Aas published@ regulations be provided to us for review. As 

requested in FSME Procedure SA-201, AReview of State Regulatory Requirements,@ please 

highlight the final changes, and provide a copy to Division of Materials Safety and State 

Agreements, FSME. 

Please let us know if you note any inaccuracies, or have any comments on the information 

contained in the Enclosure. This letter is posted on the FSME website: 

http://www.hsrd.ornl.gov/nrc/rulemaking.htm. 

If you have any questions regarding the comments, the compatibility and health and safety 

categories, or any of the NRC regulations used in the review, please contact Kathleen Schneider, 

Senior Regulation Review Coordinator at (301) 415-2320 (email: kxs@nrc.gov) or Monica Orendi 

at (301) 415-3938 (email: mlo1@nrc.gov). 

Sincerely, 

\ RA by ADWhite \ 

Robert J. Lewis, Director 

Division of Materials Safety and State Agreements 

Office of Federal and State Materials and 

Environmental Management Programs 

Enclosures: 

As stated 
March 27, 2007-Draft 

Patricia Gardner, Manager 

Bureau of Environmental Radiation 

New Jersey Department of Environmental Protection 

P.O. Box 415 

Trenton, NJ 08625-0415 

Dear Ms. Gardner: 

We have reviewed the proposed revision to the New Jersey Department of Environmental 

Protection=s Radiation Protection Programs= Rules (N.J.A.C. 7:28-1 et seq.), received by our 

office on February 27, 2008. These regulations were reviewed by comparison to the equivalent 

Nuclear Regulatory Commission (NRC) rules in 10 CFR Parts 19, 20, 30, 31, 32, 34, 35, 36, 39, 

40, 61, 70, 71, and 150. We discussed our review of the regulations with Jenny Goodman on 

March 27, 2008. 

As a result of our review, we have eight comments that have been identified in the enclosure. 

Please note that we have limited our review to regulations required for compatibility and/or 

health and safety. Under our current procedure, a finding that the New Jersey regulations meet 

the compatibility and health and safety categories of the equivalent NRC regulation may only be 

made based on a review of the final New Jersey regulations. However, we have determined that 

if your proposed regulations were adopted, incorporating our comments and without other 

significant change, they would meet the compatibility and health and safety categories 

established in the Office of Federal and State Materials and Environmental Management 

Programs (FSME) Procedure SA-200. We request that when the proposed regulations are 

adopted and published as final regulations, a copy of the Aas published@ regulations be provided 

to us for review. As requested in FSME Procedure SA-201, AReview of State Regulatory 

Requirements,@ please highlight the final changes, and provide a copy to Division of Materials 

Safety and State Agreements, FSME. 

Please let us know if you note any inaccuracies, or have any comments on the information 

contained in the Enclosure. This letter is posted on the FSME website: 

http://www.hsrd.ornl.gov/nrc/rulemaking.htm. 

If you have any questions regarding the comments, the compatibility and health and safety 

categories, or any of the NRC regulations used in the review, please contact Kathleen 

Schneider, Senior Regulation Review Coordinator at (301) 415-2320 (email: kxs@nrc.gov) or 

Monica Orendi at (301) 415-3938 (email: mlo1@nrc.gov). 

Sincerely, 

\ RA by ADWhite \ 

Robert J. Lewis, Director 

Division of Materials Safety and State Agreements 

Office of Federal and State Materials and 

Environmental Management Programs 

Enclosures: As stated 

Distribution: 

DIR RF (8-25) DCD (SP05) [NJ] File SUNSI Review Complete 

MOrendi DJanda, RSAO : Publicly Available G Non-Publicly Available 

ML of Incoming Document: ML080570400 : Non-Sensitive G Sensitive 

DOCUMENT NAME: G:\DMSSA\SAISB\REGULATION TOOLBOX\STATES\NEW JERSEY\NJ 7-49.WPD 

To receive a copy of this document, indicate in the box: "C" = Copy without attachment/enclosure "E" = Copy with attachment/enclosure "N" = No copy 

OFFICE SAISB SAISB OGC SAIS:BC MSSA:DD 

NAME MOrendi KSchneider BJones DWhite RLewis 

DATE 03/05/08* 03/05/08* 03/27/08* 03/27/08* 03/27/08* 

ML080870370 OFFICIAL RECORD COPY PKG. ML080870377
COMPATIBILITY COMMENTS ON NEW JERSEY PROPOSED REGULATIONS 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

1 7:28-12.12 

(b)(2)(iii) 

20.1403 N/A C Criteria for license termination 

under restricted use 

New Jersey includes the term 

“Federal” in 7:28-12.12(b)(2)(iii). 

New Jersey needs to remove this 

term in order to meet the Compatibility 

Category C designation assigned to 

10 CFR 20.1403. 

2 7:28-51.1(b) 30.41(a)(6) N/A NRC Transfer of byproduct material

New Jersey adopts by reference 

30.41(b)(6) which is a Compatibility 

Category NRC. This is a NRC 

program element that addresses 

areas of regulation that cannot be 

relinquished to Agreement States 

pursuant to the Atomic Energy Act or 

provisions of 10 CFR regulations. The 

State should not adopt 10 CFR 

30.41(b)(6). 

New Jersey should not incorporate by 

reference 10 CFR 30.41(b)6) in order 

to meet the Compatibility Category 

NRC designation assigned to 10 CFR 

30.41(b(6). 

Comments Stands: New Jersey 

attempts to resolve this comment 

in 7:28-51.1(b)(6) however it states 

that they do not adopt 10 CFR 

30.41(b)(6). This should be 

changed to say that they do not 

adopt 10 CFR 30.41(a)(6) by 

reference.

3 7:28-53.1 32.11 N/A NRC Introduction of byproduct material 

in exempt concentrations into 

products or materials and transfer 

of ownership or possession: 

Requirements for license 

New Jersey incorporates 10 CFR 

32.11 by reference. However due to a 
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

rule change in 2007 10 CFR 32.11 

was changed back to a Compatibility 

category NRC and should therefore 

not be incorporated by reference. 

New Jersey needs to not incorporate 

10 CFR 32.11 by reference in order to 

meet the Compatibility Category NRC 

designation assigned to 10 CFR 

32.11. 

4 7:28-53.1 32.12 N/A NRC Same: Records and material 

transfer reports 

New Jersey incorporates 10 CFR 

32.12 by reference. However due to a 

rule change in 2007 10 CFR 32.12 

was changed back to a Compatibility 

category NRC and should therefore 

not be incorporated by reference. 

New Jersey needs to not incorporate 

10 CFR 32.12 by reference in order to 

meet the Compatibility Category NRC 

designation assigned to 10 CFR 

32.12. 

5 7:28-

58.1(b)(16) 

40.41 (d), (e)(1), 

(e)(3), and (g) 

N/A NRC Terms and conditions of licenses 

New Jersey incorporates 10 CFR 

40.41 (d), (e)(1), and (e)(3) by 

reference. These are Compatibility 

Category NRC and should not be 

incorporated by reference. 

New Jersey needs to amend 7:28-

58.1(b)(16) to state “10 CFR 40.41(d), 

(e)(1), (e)(3), and (g) Terms and...” in 

order to meet the Compatibility 

Category NRC designation assigned 

to 10 CFR 40.41 (d), (e)(1), (e)(3), 

and (g). 

6 7:28-59.1 

(b)(3) and 

(c)(18-20) 

61.16 N/A NRC Other Information

Although New Jersey states that they 

do not incorporate 10 CFR 61.16 by 

reference in 7:28-59.1(b)(3), they 

state in 7:28-59.1(c)(18-20) that this 

section is incorporated by reference 
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

with specified changes. 

New Jersey needs to keep 7:28-

59.1(b)(3) and delete 7:28-59.1(c)(18-

20) in order to meet the Compatibility 

Category NRC designation assigned 

to 10 CFR 61.16. 

7 7:28-59.1 

(b)(4) and 

(c)(22-23) 

61.23(i)(j) N/A NRC Standard Issuance of a License

Although New Jersey states that they 

do not incorporate 10 CFR 61.23(j) by 

reference in 7:28-59.1(b)(4), they 

state in 7:28-59.1(c)(22-23) that this 

section is incorporated by reference 

with specified changes. 

New Jersey needs to keep 7:28-

59.1(b)(4) and delete 7:28-59.1(c)(22-

23) in order to meet the Compatibility 

Category NRC designation assigned 

to 10 CFR 61.23(i)(j). 

8 7:28-62.1 

(b)(14) 

150.32 N/A NRC Funds for reclamation or 

maintenance of byproduct material

 

New Jersey has a wrong reference in 

7:28-62.1(b)(14). It should read “10 

CFR 150.32, Funds for...”. 

New Jersey needs to make the above 

change in order to be Compatible with 

10 CFR 150.32.