March 13, 2009 

Paul Baldauf, Assistant Director 

Division of Environmental Safety and Health 

Department of Environmental Protection 

P.O. Box 415 

Trenton, NJ 08625-0415 

Dear Mr. Baldauf: 

We have reviewed the final revision to the New Jersey regulations N.J.A.C. 7:28 Radiation 

Protection Programs received by our office on December 10, 2008. These regulations were 

reviewed by comparison to the equivalent Nuclear Regulatory Commission (NRC) rules in 10 

CFR Parts 19, 20, 30, 31, 32, 33, 34, 35, 36, 39, 40, 61, 70, 71, and 150 and the requirements of 

NRC Orders EA-05-090 and EA-07-305. We discussed our review of the regulations with 

William Csaszar on March 10, 2009. 

As a result of our review, we have 12 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. We have determined that if these regulations are revised, 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 you revise your regulations to address our comments, 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 location of any changes made 

by New Jersey, in response to our comments, and provide a copy to Division of Materials Safety 

and State Agreements, FSME. 

This letter, including the SRS Data Sheet, is posted on the FSME website: http://nrcstp.ornl.gov/rulemaking.html. 

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, State Regulation Review Coordinator at (310) 415-2320 

(kathleen.schneider@nrc.gov) or Monica Orendi at (301) 415-3938 (monica.orendi@nrc.gov). 

Sincerely, 

/RA/ 

Terrence Reis, Deputy Director 

Division of Materials Safety and State Agreements 

Office of Federal and State Materials 

 and Environmental Management Programs 

Enclosures: 

As stated 
Paul Baldauf, Assistant Director 

Division of Environmental Safety and Health 

Department of Environmental Protection 

P.O. Box 415 

Trenton, NJ 08625-0415 

Dear Mr. Baldauf: 

We have reviewed the final revision to the New Jersey regulations N.J.A.C. 7:28 Radiation Protection Programs 

received by our office on December 10, 2008. These regulations were reviewed by comparison to the equivalent 

Nuclear Regulatory Commission (NRC) rules in 10 CFR Parts 19, 20, 30, 31, 32, 33, 34, 35, 36, 39, 40, 61, 70, 71, 

and 150 and the requirements of NRC Orders EA-05-090 and EA-07-305. We discussed our review of the 

regulations with William Csaszar on March 10, 2009. 

As a result of our review, we have 12 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. We have determined that if 

these regulations are revised, 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 you revise your regulations to address our comments, 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 location of any changes made by New Jersey, in response to our comments, 

and provide a copy to Division of Materials Safety and State Agreements, FSME. 

This letter, including the SRS Data Sheet, is posted on the FSME website: http://nrc-stp.ornl.gov/rulemaking.html. 

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, State Regulation Review Coordinator at 

(310) 415-2320 (kathleen.schneider@nrc.gov) or Monica Orendi at (301) 415-3938 (monica.orendi@nrc.gov). 

Sincerely, 

/RA/ 

Terrence Reis, Deputy Director 

Division of Materials Safety and State Agreements 

Office of Federal and State Materials and Environmental 

Management Programs 

Enclosures: As stated 

Distribution: 

DIR RF () SUNSI Review Complete 

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

DJanda, RI : Non-Sensitive G Sensitive 

MBeardsley, ASPB 

DSollenberger, ASPB 

TTaylor, ASPB 

NJ File 

DOCUMENT NAME: G:\DMSSA\SAISB\REGULATION TOOLBOX\STATES\NEW JERSEY\NJ FINAL REG REVIEW\NJ FINAL.DOC 

Incoming Document: ML090510716 

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 ASPB ASPB OGC ASPB:BC MSSA:DD 

NAME MOrendi KSchneider BJones AImboden TReis 

DATE 02/ 20 /09 02/ 20 /09 03/ 03 /09 03/ 13 /09 03/ 13 /09 

ML090510003 OFFICIAL RECORD COPY Package ML090510002
COMPATIBILITY COMMENTS ON NEW JERSEY FINAL REGULATIONS 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

1 7:28-50.1 19.14(a) 10 CFR 19 NRC Presence of representatives of 

licensees and workers during 

inspections 

New Jersey incorporates this section 

by reference. 10 CFR 19.14(a) is a 

Compatibility Category NRC and 

should not be incorporated by 

reference. 

New Jersey needs to add 10 CFR 

19.14(a) to 7:28-50.1(b) [sections not 

incorporated by reference] in order to 

meet the Compatibility Category NRC 

designation assigned to 10 CFR 

19.14(a). 

2 7:28-6.1 20.1905(g) 10 CFR 20 NRC Exceptions to labeling 

requirements 

New Jersey incorporates this section 

by reference. 10 CFR 20.1905(g) is a 

Compatibility Category NRC and 

should not be incorporated by 

reference. 

New Jersey needs to add 10 CFR 

20.1905(g) to 7:28-6.1(c) [sections not 

incorporated by reference] in order to 

meet the Compatibility Category NRC 

designation assigned to 10 CFR 

20.1905(g). 

3 7:28-6.1 20.2203(c) 10 CFR 20 NRC Reports of exposures, etc, 

exceeding the limits. 

New Jersey incorporates this section 

by reference. 10 CFR 20.2203(c) is a 

Compatibility Category NRC and 

should not be incorporated by 

reference. 

New Jersey needs to add 10 CFR 

20.2203(c) to 7:28-6.1(c) [sections not 

incorporated by reference] in order to 

meet the Compatibility Category NRC 

designation assigned to 10 CFR 

20.2203(c). 
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

4 7:28-6.1 20.2206(a)(1), 

(a)(3), (a)(4), & 

(a)(5) 

10 CFR 20 NRC Reports of Individuals Monitoring 

New Jersey incorporates 10 CFR 

20.2206 (a)(1), (a)(3), (a)(4), & (a)(5) 

by reference. 10 CFR 20.2206 (a)(1), 

(a)(3), (a)(4), & (a)(5)) are a 

Compatibility Category NRC and 

should not be incorporated by 

reference. 

New Jersey needs to add 10 CFR 

20.2206 (a)(1), (a)(3), (a)(4), & (a)(5) 

to 7:28-6.1(c) [sections not 

incorporated by reference] in order to 

meet the Compatibility Category NRC 

designation assigned to 10 CFR 

20.2206 (a)(1), (a)(3), (a)(4), & (a)(5). 

5 7:28-51.1 30.41(b)(6) 10 CFR 30 NRC Transfer of byproduct material 

New Jersey does not incorporate 10 

CFR 30.41(a)(6) by reference. 

However, there is no section 

30.41(a)(6). This should actually read 

10 CFR 30.41(b)(6). 

New Jersey needs to make the above 

change to 7:28-51.1(b)(6) in order to 

meet the Compatibility Category NRC 

designation assigned to 10 CFR 

30.41(b)(6).

6 7:28-53.1 32.1(c)(1) 10 CFR 32 NRC Purpose and Scope 

New Jersey incorporates this section 

by reference. 10 CFR 32.1(c)(1) is a 

Compatibility Category NRC and 

should not be incorporated by 

reference. 

New Jersey needs to add 10 CFR 

32.1(c)(1) to 7:28-53.1(b) [sections 

not incorporated by reference] in order 

to meet the Compatibility Category 

NRC designation assigned to 10 CFR 

32.1(c)(1). 
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

7 7:28-55.1 35.11(c)(1) 10 CFR 35 NRC License Required 

New Jersey incorporates 10 CFR 

35.11 (c)(1) by reference. 10 CFR 

35.11(c)(1) is a Compatibility Category 

NRC and should not be incorporated 

by reference. 

New Jersey needs to add 10 CFR 

35.11(c)(1) to 7:28-55.1(b) [sections 

not incorporated by reference] in order 

to meet the Compatibility Category 

NRC designation assigned to 10 CFR 

35.11(c)(1).

8 7:28-55.1 35.13(a)(1) 10 CFR 35 NRC License Amendments 

New Jersey incorporates 10 CFR 

35.13(a)(1) by reference. 10 CFR 

35.13(a)(1) is a Compatibility 

Category NRC and should not be 

incorporated by reference. 

New Jersey needs to add 10 CFR 

35.13(a)(1) to 7:28-55.1(b) [sections 

not incorporated by reference] in order 

to meet the Compatibility Category 

NRC designation assigned to 10 CFR 

35.13(a)(1).

9 7:28-55.1 

(b)(2) 

35.63(a), (b), (c), 

& (d) 

10 CFR 35 H&S Determination of dosages of 

unsealed byproduct material for 

medical use 

New Jersey does not incorporate by 

reference 10 CFR 35.63 (b)(2)(i) in 

section 7:28-55.1(b)(2) of their 

regulations. 

New Jersey needs to remove 7:28-

55.1(b)(2) from its regulations in order 

to meet the Compatibility Category 

H&S designation assigned to 10 CFR 

35.63(a), (b), (c), & (d). 
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

10 7:28-60.1 70.25 10 CFR 70 H&S Financial assurance and 

recordkeeping for 

decommissioning 

New Jersey does not incorporate by 

reference all of 10 CFR 70.25 (a) in 

7:28-60.1 (b)(14). New Jersey should 

only not incorporate 10 CFR 

70.25(a)(1) because it is a 

Compatibility Category NRC. 

New Jersey needs to incorporate 10 

CFR 70.25(a)(2) and change 7:28-

60.1(b)(14) to read 10 CFR 

70.25(a)(1) in order to meet the 

Compatibility Category H&S 

designation assigned to 10 CFR 

70.25(a)(2). 

11 7:28-60.1 70.73 10 CFR 70 NRC Renewal of licenses 

New Jersey incorporates this section 

by reference. 10 CFR 70.73 is a 

Compatibility Category NRC and 

should not be incorporated by 

reference. 

New Jersey needs to add 10 CFR 

70.73 to 7:28-60.1(b) [sections not 

incorporated by reference] in order to 

meet the Compatibility Category NRC 

designation assigned to 10 CFR 

70.73. 

12 7:28-62.1 150.3 10 CFR 150 NRC Definition: Foreign obligations 

New Jersey incorporates this 

definition by reference. 10 CFR 150.3 

definition Foreign obligations is a 

Compatibility Category NRC and 

should not be incorporated by 

reference. 

New Jersey needs to add the 

definition of Foreign obligations to 

7:28-62.1(b) [sections not 

incorporated by reference] in order to 

meet the Compatibility Category NRC 

designation assigned to 10 CFR 

150.3 definition Foreign obligations. 
STATE REGULATION STATUS

State: New Jersey Tra[All amendments reviewed] Da

RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

1991-1 – 2008-1 

55 FR 843; 56 FR 11504; 56 FR 23360; 56 FR 61352; 57 FR 38588; 57 FR 57877; 58 FR 67657; 59 FR 41641; 60 FR 20183; 56 FR 64980; 56 FR 34104; 57 FR 45566; 58 FR 39628; 58 FR 7715; 58 FR 33886; 58 FR 68726; 59 FR 1618; 59 FR 28220; 59 FR 36026; 59 FR 61767; 59 FR 65243; 60 FR 322; 60 FR 7900; 60 FR 15649; 60 FR 25983; 60 FR 28323; 60 FR 36038; 60 FR 38235; 60 FR 48623; 60 FR 50248; 61 FR 28724; 61 FR 1109; 61 FR 24669; 61 FR 65120; 62 FR 1662; 62 FR 4120; 62 FR 5907; 62 FR 28947; 62 FR 39057; 62 FR 63634; 63 FR 1890; 63 FR 13773; 63 FR 29535; 63 FR 31604; 63 FR 37059; 63 FR 39477; 63 FR 45393; 63 FR 50127; 64 FR 17506; 64 FR 42269; 64 FR 54543; 64 FR 55524; 65 FR 20337; 65 FR 63750; 65 FR 79162; 67 FR 16298; 67 FR 20249; 68 FR 57327; 69 FR 3697; 70 FR 2001; 70 FR 16336; 71 FR 1926; 70 FR 72128; 71 FR 15005; 71 FR 65685; 71 FR 65685, 72 FR 59162; 72 FR 45147; 72 FR 54207; 72 FR 58473; 72 FR 55864; 72 FR 70901; 72 FR 68043 

N/A 10/16/08 

ML090510716 

Comments 03/13/09 ML090510002 

New JapplicStatus Incompackaall Newill be betweeffect