September 17, 2008 

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 New Jersey Department of Environmental Protection (DEP) response, 

dated July 30, 2008, submitted in response to our comments on our review of New Jersey’s 

“Radiation Protection Act” contained in New Jersey Statute 26:2D. These comments were 

submitted to you by letter dated August 9, 2006. 

Based on our review, it appears that DEP has adequately addressed our comments with one 

exception discussed below. We noted that in your response, additional New Jersey Statutes 

were referenced in addition to the New Jersey Statute 26:2D. Statutes and Code that were 

referenced include New Jersey Statutes 7, 13, 52, 58, and the NJDEP Ethics Code. These 

additional statutes should be included in your application for an Agreement State program. If 

there are other statutes and codes that were used to support the legislative authority of the New 

Jersey Radiation Protection Act, please include copies of those as well. 

With regards to your response to Question 8 which addresses low-level radioactive waste 

authority and land ownership restrictions, we recognize that, based on your response, New 

Jersey may not need to implement any such authority for over 30 years. However, we must 

ensure that New Jersey has statutory authority to carry out its responsibilities under the 

proposed Agreement with NRC at the time the Agreement is signed. Your response does not 

address this issue. As noted in your other responses, New Jersey does have significant 

flexibility to adopt regulatory requirements not specifically stated in statute that are necessary 

for implementation of your health and safety mandate. If New Jersey believes that it has the 

ability to implement this authority through rule adoption, then it may not require a statutory 

change. The rule adoption or statutory change would need to address the appropriate 

restrictions necessary for land ownership and use of sites used for disposal of low-level 

radioactive waste for an indefinite period after closure of the site. 

If you have any questions, please contact me or Torre Taylor at 301-415-7900 or by e-mail at 

torre.taylor@nrc.gov. 

 Sincerely, 

 /RA TReis for/ 

 Robert J. Lewis, Director 

 Division of Materials Safety and State Agreements 

 Office of Federal and State Agreements 

 and Environmental Management Programs 
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 New Jersey Department of Environmental Protection (DEP) response, dated July 

30, 2008, submitted in response to our comments on our review of New Jersey’s “Radiation Protection 

Act” contained in New Jersey Statute 26:2D. These comments were submitted to you by letter dated 

August 9, 2006. 

Based on our review, it appears that DEP has adequately addressed our comments with one exception 

discussed below. We noted that in your response, additional New Jersey Statutes were referenced in 

addition to the New Jersey Statute 26:2D. Statutes and Code that were referenced include New Jersey 

Statutes 7, 13, 52, 58, and the NJDEP Ethics Code. These additional statutes should be included in your 

application for an Agreement State program. If there are other statutes and codes that were used to 

support the legislative authority of the New Jersey Radiation Protection Act, please include copies of 

those as well. 

With regards to your response to Question 8 which addresses low-level radioactive waste authority and 

land ownership restrictions, we recognize that, based on your response, New Jersey may not need to 

implement any such authority for over 30 years. However, we must ensure that New Jersey has statutory 

authority to carry out its responsibilities under the proposed Agreement with NRC at the time the 

Agreement is signed. Your response does not address this issue. As noted in your other responses, New 

Jersey does have significant flexibility to adopt regulatory requirements not specifically stated in statute 

that are necessary for implementation of your health and safety mandate. If New Jersey believes that it 

has the ability to implement this authority through rule adoption, then it may not require a statutory 

change. The rule adoption or statutory change would need to address the appropriate restrictions 

necessary for land ownership and use of sites used for disposal of low-level radioactive waste for an 

indefinite period after closure of the site. 

If you have any questions, please contact me or Torre Taylor at 301-415-7900 or by e-mail at 

torre.taylor@nrc.gov. 

 Sincerely, 

 /RA TReis for/ 

 Robert J. Lewis, Director 

 Division of Materials Safety and State Agreements 

 Office of Federal and State Agreements 

 and Environmental Management Programs 

Distribution: 

DIR RF (8-76) SUNSI Review Complete 

DCD (SP05) : Publicly Available G Non-Publicly Available 

DJanda, RI 

MOrendi, FSME : Non-Sensitive G Sensitive 

JKottan, RI 

New Jersey File 

DOCUMENT NAME: G:\DMSSA\SAISB\REGULATION TOOLBOX\States\New Jersey\8-76 

ML082470660 

OFFICE SAIS SAIS OGC SAIS:BC MSSA:D 

NAME TTaylor KSchneider BJones DWhite / KNS RLewis / TReis 

DATE 09/ 04 /08 09/ 05 /08 09/ 11 /08 09/ 17 /08 09/ 17 /08