May 15, 2013 

Patricia Gardner, Manager 

Department of Environmental Protection 

Bureau of Environmental Radiation 

Mail Code 25-01 

P.O. Box 420 

Trenton, NJ 08625-0420 

Dear Ms. Gardner: 

We have reviewed the proposed changes to the New Jersey regulations Radiation Protection 

Programs, N.J.A.C. 7:28, received by our office on April 18, 2013. 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, 70, 71, 150 and the requirements of the seven 

amendments identified in the enclosed State Regulation Status (SRS) Data Sheet. We 

discussed our review of the regulations with Jenny Goodman on May 15, 2013. 

As a result of our review, we have 16 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, “Compatibility Categories and Health and Safety 

Identification for NRC Regulations and Other Program Elements.” 

We request that when the proposed regulations are adopted and published as final regulations, 

a copy of the “as published” regulations be provided to us for review. As requested in FSME 

Procedure SA-201, “Review of State Regulatory Requirements,” please highlight the final 

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

The SRS Data Sheet summarizes our knowledge of the status of other New Jersey regulations, 

as indicated. Please let us know if you note any inaccuracies, or have any comments on the 

information contained in the SRS Data Sheet. This letter, including the SRS Data Sheet, is 

posted on the FSME website: http://nrc-stp.ornl.gov/rulemaking.html.
P. Gardner -2- 

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 (301) 415-2320 

(kathleen.schneider@nrc.gov) or Monica Orendi at (610) 337-5214 (monica.orendi@nrc.gov). 

Sincerely, 

/RA/ 

Pamela J. Henderson, Deputy Director 

Division of Materials Safety and State Agreements 

Office of Federal and State Materials 

 and Environmental Management Programs 

Enclosures: 

1. Compatibility Comments 

2. New Jersey SRS Data Sheet
P. Gardner -2- 

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 (301) 415-2320 

(kathleen.schneider@nrc.gov) or Monica Orendi at (610) 337-5214 (monica.orendi@nrc.gov). 

Sincerely, 

 /RA/ 

 Pamela J. Henderson, Deputy Director 

Division of Materials Safety and State Agreements 

Office of Federal and State Materials 

 and Environmental Management Programs 

Enclosures: 

1. Compatibility Comments 

2. New Jersey SRS Data Sheet 

DISTRIBUTION: 

DIR RF (13-14) 

DCD (SP05) 

DJanda, RSAO 

MOrendi, RSAO 

Incoming Document: ML13108A246 

OFFICE RI ASPB OGC ASPB:BC MSSA:DD 

NAME MOrendi KSchneider BJones DWhite PHenderson DW for 

DATE 05/02/13 05/07/13 05/14/13 05/15/13 05/15/13 

ML13119A422 OFFICIAL RECORD COPY Package ML13119A402
 COMPATIBILITY COMMENTS ON NEW JERSEY PROPOSED REGULATIONS 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

1 7:28-55.1(c) 

35.-40. 

35.57 2009-1 B Training for experienced Radiation 

Safety Officer, teletherapy or 

medical physicist, authorized 

medical physicist, authorized user, 

nuclear pharmacist, and authorized 

nuclear pharmacist. 

New Jersey needs to add the 

following to 7:28-55.1(c) 35. through 

40.: “10 CFR 35.57(b)(2), add “or U.S. 

NRC” after both occurrences of 

“Agreement State;” and “10 CFR 

35.57 (b)(2), “Commission” in both 

occurrences of “Commission master 

material” shall mean U.S. NRC;.” 

New Jersey needs to make the above 

changes in order to meet the 

Compatibility Category B designation 

assigned to 10 CFR 35.57. 

2 7:28 – 

51.1(b)2. 

30.4 2011-2 NRC Definition: Commencement of 

construction, paragraph 2 

New Jersey incorporates 10 CFR 

30.4 Definition, Commencement of 

Construction - paragraph 2 by 

reference in 7:28-51.1. New Jersey 

needs to add “Commencement of 

Construction Paragraph 2” to 7:28-

51.1(b)(2) which lists NRC’s 

provisions not incorporated by 

reference. 

New Jersey needs to make the above 

change in order to meet the 

Compatibility Category NRC 

designation assigned to 10 CFR 30.4 

Definition, Commencement of 

construction - paragraph 2. 

3 7:28 – 

51.1(b)2. 

30.4 2011-2 NRC Definition: Construction, 

paragraph 9(ii) 

New Jersey incorporates 10 CFR 

30.4 Definition, Construction - 
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

paragraph 9(ii) by reference in 7:28-

51.1. New Jersey needs to add 

“Construction paragraph 9(ii)” to 7:28-

51.1(b)(2) which lists NRC’s 

provisions not incorporated by 

reference. 

New Jersey needs to make the above 

change in order to meet the 

Compatibility Category NRC 

designation assigned to 10 CFR 30.4 

Definition, Construction - paragraph 

9(ii). 

4 7:28-56.1 (b) 36.2 2011-2 NRC Definition: Commencement of 

construction, paragraph 2 

New Jersey incorporates 10 CFR 

36.2 Definition, Commencement of 

construction - paragraph 2 by 

reference in 7:28-56.1. New Jersey 

needs to add “Definition -

Commencement of construction 

paragraph 2” to 7:28-56.1(b) which 

lists NRC’s provisions not 

incorporated by reference. 

New Jersey needs to make the above 

change in order to meet the 

Compatibility Category NRC 

designation assigned to 10 CFR 36.2 

Definition, Commencement of 

construction - paragraph 2.

5 7:28-56.1 (b) 36.2 2011-2 NRC Definition: Construction, 

paragraph 9(ii) 

New Jersey incorporates 10 CFR 

36.2 Definition, Construction - 

paragraph 9(ii) by reference in 7:28-

56.1. New Jersey needs to add 

“Definition - Construction paragraph 

9(ii)” to 7:28-56.1(b) which lists NRC’s 

provisions not incorporated by 

reference. 

New Jersey needs to make the above 

change in order to meet the 

Compatibility Category NRC 
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

designation assigned to 10 CFR 36.2 

Definition, Construction - paragraph 

9(ii). 

6 7:28-58.1 

(b)2. 

40.4 2011-2 NRC Definition: Commencement of 

construction, paragraph 2 

New Jersey incorporates 10 CFR 

40.4 Definition, Commencement of 

construction - paragraph 2 by 

reference in 7:28-58.1. New Jersey 

needs to add “Commencement of 

construction - paragraph 2” to 7:28-

58.1(b)2. which lists NRC’s provisions 

not incorporated by reference. 

New Jersey needs to make the above 

change in order to meet the 

Compatibility Category NRC 

designation assigned to 10 CFR 40.4 

Definition, Commencement of 

construction paragraph 2. 

7 7:28-

58.1(b)2. 

40.4 2011-2 NRC Definition: Construction, 

paragraph 9(ii) 

New Jersey incorporates 10 CFR 

40.4 Definition, Construction - 

paragraph 9(ii) by reference in 7:28-

56.1. New Jersey needs to add 

“Construction paragraph 9(ii)” to 7:28-

58.1(b)2. which lists NRC’s provisions 

not incorporated by reference. 

New Jersey needs to make the above 

change in order to meet the 

Compatibility Category NRC 

designation assigned to 10 CFR 40.4 

Definition, Construction - paragraph 

9(ii). 

8 7:28-60.1(b) 70.4 2011-2 NRC Definition: Commencement of 

construction, paragraph 2 

New Jersey incorporates 10 CFR 

70.4 Definition, Commencement of 

construction - paragraph 2 by 

reference in 7:28-60.1. New Jersey 

needs to add “Definition -
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

Commencement of construction - 

paragraph 2” to 7:28-60.1(b) which 

lists NRC’s provisions not 

incorporated by reference. 

New Jersey needs to make the above 

change in order to meet the 

Compatibility Category NRC 

designation assigned to 10 CFR 70.4 

Definition, Commencement of 

construction - paragraph 2. 

9 7:28-60.1(b) 70.4 2011-2 NRC Definition: Construction, 

paragraph 9(ii) 

New Jersey incorporates 10 CFR 

70.4 Definition, Construction - 

paragraph 9(ii) by reference in 7:28-

60.1. New Jersey needs to add 

“Definition – Construction - paragraph 

9(ii)” to 7:28-60.1(b) which lists NRC’s 

provisions not incorporated by 

reference. 

New Jersey needs to make the above 

change in order to meet the 

Compatibility Category NRC 

designation assigned to 10 CFR 70.4 

Definition, Construction - paragraph 

9(ii).

10 7:28-53.1 32.30 2012-4 NRC Certain industrial devices 

containing byproduct material: 

Requirements for license to 

manufacture, process, produce, or 

initially transfer 

New Jersey incorporates 10 CFR 

32.30 by reference in 7:28-53.1. New 

Jersey needs to remove this 

incorporation by reference since this 

regulation is designated as a 

Compatibility Category NRC. 

New Jersey needs to add 10 CFR 

32.30 to 7:28-53.1(b) in order to meet 

the Compatibility Category NRC 

designation assigned to 10 CFR 

32.30. 
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

11 7:28-53.1 32.31 2012-4 NRC Certain industrial devices 

containing byproduct material: 

Safety criteria 

New Jersey incorporates 10 CFR 

32.31 by reference in 7:28-53.1. New 

Jersey needs to remove this 

incorporation by reference since this 

regulation is designated as a 

Compatibility Category NRC. 

New Jersey needs to add 10 CFR 

32.31 to 7:28-53.1(b) in order to meet 

the Compatibility Category NRC 

designation assigned to 10 CFR 

32.31. 

12 7:28-53.1 32.32 2012-4 NRC Conditions of licenses issued 

under § 32.30: Quality control, 

labeling, and reports of transfer 

New Jersey incorporates 10 CFR 

32.32 by reference in 7:28-53.1. New 

Jersey needs to remove this 

incorporation by reference since this 

regulation is designated as a 

Compatibility Category NRC. 

New Jersey needs to add 10 CFR 

32.32 to 7:28-53.1(b) in order to meet 

the Compatibility Category NRC 

designation assigned to 10 CFR 

32.32. 

13 7:28-50.1 19.14(a) N/A 

10 CFR 

Part 19 

NRC Presence of representatives of 

licensees and workers during 

inspections 

New Jersey lists 10 CFR 19.14(a) as 

not incorporated by reference in 7:28-

50.1(b)4. and as incorporated by 

reference with changes in 7:28-

50.1(c)20. However in 7:28-

50.1(c)20. it appears that New Jersey 

is attempting to take out the language 

that would make 10 CFR 19.14(a) a 

Compatibility Category NRC and is 

using the remaining language as a 
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

lead in for 10 CFR 19.14(b). If this is 

the case New Jersey needs to 

remove 10 CFR 19.14(a) from 7:28-

50.1(b) so that the remaining 

language can be incorporated by 

reference in 7:28-50.1(c)20. New 

Jersey could also choose to delete 

7:28-50.1(c)20. and keep 7:28-

50.1(b)4. which would then not 

incorporate 10 CFR 19.14(a) by 

reference. 

New Jersey needs to make one of the 

above changes to 7:28-50.1 in order 

to meet the Compatibility Category 

NRC designation assigned to 10 CFR 

19.14(a). 

14 7:28-53.1 32.1(c)(1) N/A 

10 CFR 

Part 32 

D Purpose and Scope 

New Jersey lists 10 CFR 32.1(c)(2) as 

not incorporated by reference in 7:28-

53.1(b) and as incorporated by 

reference with changes in 7:28-

53.1(c). 10 CFR 31.2(c)(2) is a 

Compatibility Category D so it is not 

required to be adopted by New 

Jersey. 

New Jersey needs to decide whether 

or not they want to incorporate 10 

CFR 32.1(c)(2) by reference in 7:28-

53.1 in order to meet the Compatibility 

Category D designation assigned to 

10 CFR 32.1(c)(2). 

15 7:28-55.1 

(b)(2) 

35.63 (a), (b), 

(c), (d) 

N/A 

10 CFR 

Part 35 

H&S Determination of dosages of 

unsealed byproduct material for 

medical use 

7:28-55.1(b) states that New Jersey 

does not incorporate 10 CFR 

35.63(b)(2)(i) through (iii) and (c)(3)(i) 

through (iii) by reference. This makes 

New Jersey’s regulation more 

restrictive which meets the Category 

H&S designation assigned to 10 CFR 
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

35.63(a), (b), (c), and (d). However in 

7:28-55.1(c) New Jersey appears to 

adopt those same sections by 

reference. 

New Jersey needs to decide whether 

or not they want to incorporate 10 

CFR 35.63(b)(2)(i) through (iii) and 

(c)(3)(i) through (iii) by reference in 

7:28-55.1 in order to meet the 

Category H&S designation assigned 

to 10 CFR 35.63(a), (b), (c), and (d). 

16 7:28-60.1 70.73 N/A 

10 CFR 

Part 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. 

COMMENT STANDS from NRC 

letter dated March 13, 2009. 
STATE REGULATION STATUS

State: New Jersey 

 Tracking Ticket Number: 13-14 

[7 amendment(s) reviewed is identified by a * Date: May 15, 2013 at the beginning of the equivalent NRC requirement.] 

RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

1991-1 – 2009-1 

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; 74 FR 33901 

N/A 10/16/08 

ML090510716 

Comments 03/13/09 ML090510003 

New Jersey submitted an application for Agreement State Status on October 16, 2008 (see Incoming Package ML). This package contained a final version of all New Jersey’s regulations which will be used once the Agreement between NRC and New Jersey is effective. Comments from the 3/13/2009 letter are addressed in the 4/18/2013 submission and response (see ML13108A246 and ML13119A402). These comments have been addressed or carried forth in the May 15, 2013 letter. 

*2009-1 Medical Use of Byproduct Material – Authorized User 

Clarification Part 35 74 FR 33901 

09/28/2012 04/18/2013 

ML13108A246 

Comments ML13119A402 05/15/13 

*2011-1 Decommissioning Planning 

Parts 20, 30, 40, 70 76 FR 35512 

12/17/2015 04/18/2013 

ML13108A246 

No Comments ML13119A402 05/15/13 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

*2011-2 Licenses, Certifications, and Approvals for Materials 

Licensees Parts 30, 36, 39, 40, 70, and 150 76 FR 56951 

11/14/2014 04/18/2013 

ML13108A246 

Comments ML13119A402 05/15/13 

*2012-1 Change of Compatibility of 10 CFR 31.5 and 31.6 

(See RATS ID: 2001-1 for Rule text) 77 FR 3640 

01/25/2015 04/18/2013 

ML13108A246 

No Comments ML13119A402 05/15/13 

*2012-2 Advance Notification to Native American Tribes of 

Transportation of Certain Types of Nuclear Waste Part 71 77 FR 34194 

08/10/2015 04/18/2013 

ML13108A246 

No Comments ML13119A402 05/15/13 

*2012-3 Technical Corrections 

Part 30, 34, 40 and 70 77 FR 39899 

08/06/2015 04/18/2013 

ML13108A246 

No Comments ML13119A402 05/15/13 

*2012-4 Requirements for Distribution of Byproduct Material 

Parts 30, 31, 32, 40 and 70 77 FR 43666 

10/23/2015 04/18/2013 

ML13108A246 

Comments ML13119A402 05/15/13 

2013-1 Physical Protection of Byproduct Material, 10 CFR Parts 

20, 30, 32, 33, 34, 35, 36, 37, 39, and 71 78 FR 16922 

03/19/2016 

*N/A 10 CFR 19.4, 32.1, 35.60 and 70.73 N/A 04/18/2013 

ML13108A246 

Comments ML13119A402 05/15/13