UNITED STATES

NUCLEAR REGULATORY COMMISSION 

WASHINGTON, D.C. 20555-0001 

January 13, 2016 

Ms. Jenny Goodman, Acting Manager 

Bureau of Environmental Radiation 

New Jersey Department of Environmental Protection 

P.O. Box 420, Mail Code 25-01 

Trenton, NJ 08625-0420 

Dear Ms. Goodman: 

We have reviewed the proposed revisions to the New Jersey Radiation Protection Rules, 

received by our office on November 17, 2015. These regulations were reviewed by comparison 

to the equivalent U.S. Nuclear Regulatory Commission (NRC) rules 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 you on January 11, 2016. 

As a result of our review, we have 11 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. 

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 NMSS 

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

changes, and provide a copy to Division of Material Safety, State, Tribal, and Rulemaking 

Programs, NMSS. 

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 NMSS State Communication Portal: https://scp.nrc.gov/rulemaking.html. 
J. Goodman -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 Michelle 

Beardsley, State Regulation Review Coordinator, at (610) 337-6942 

(Michelle.Beardsley@nrc.gov) or David Spackman at (301) 415-6389 

(David.Spackman@nrc.gov). 

Sincerely, 

/RA/ 

PMichalak for PHenderson 

Pamela J. Henderson, Deputy Director 

Division of Material Safety, State, Tribal 

 and Rulemaking Programs 

Office of Nuclear Material Safety 

 and Safeguards 

Enclosures: 

1. Compatibility Comments 

2. New Jersey SRS Data Sheet
J. Goodman -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 Michelle 

Beardsley, State Regulation Review Coordinator, at (610) 337-6942 

(Michelle.Beardsley@nrc.gov) or David Spackman at (301) 415-6389 

(David.Spackman@nrc.gov). 

Sincerely, 

Pamela J. Henderson, Deputy Director 

Division of Material Safety, State, Tribal 

 and Rulemaking Programs 

Office of Nuclear Material Safety 

 and Safeguards 

Enclosures: 

1. Compatibility Comments 

2. New Jersey SRS Data Sheet

DISTRIBUTION: SP05 

DIR RF (16-19) 

DJanda, RSAO 

New Jersey File 

OFFICE ASPB ASPB OGC ASPB:BC MSTR:DD 

NAME DSpackman MBeardsley SClark PMichalak PMichalak for 

PHenderson 

DATE 12/15/15 12/15/15 1/11/16 1/13/16 1/13/16 

ML15350A150 OFFICIAL RECORD COPY Package ML15323A228
Enclosure 1 

COMPATIBILITY COMMENTS ON NEW JERSEY PROPOSED REGULATIONS 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

1 7:28-1.6(f) N/A General comment regarding proposed 

rule language: 

As written, the requirements in 7:28-

1.6(f) could result in NJ regulations 

prevailing that are more stringent than 

NRC regulations which are assigned 

compatibility category A or B in cases 

where there are inconsistencies or 

duplications. This would make the NJ 

regulations incompatible with the 

NRC regulations. 

NJ needs to amend 7:28-1.6(f) to 

address the comments above in 

order to be compatible with NRC 

regulations.

2 7:28-

1.6(h)(1) 

 

N/A General comment regarding proposed 

rule language: 

The requirement in 7:28-1.6(h)(1) 

states that the NRC website should 

be used to identify those regulations 

that are assigned a compatibility 

category NRC designation and need 

to be excluded from adoption by 

reference. This web address, 

http://nrcstp.ornl.gov/regsumsheets_newregs.h

tml, is not the appropriate source for 

determining the compatibility of NRC 

regulations; the correct source for this 

information can be found in the 

Federal Register. In the event that the 

listed website becomes unavailable, 

NJ’s regulations would cease to 

exclude category NRC rules, and as 

such would exceed NJ’s agreement. 

NJ needs to amend 7:28-1.6(h)(1) to 

address the comments above in order 

to be compatible with NRC 

regulations. 
2 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

3 7:28-1.6(m) 

 

N/A General comment regarding proposed 

rule language: 

The requirements in 7:28-1.6(m) 

replace any NRC contact information 

with the contact information in 

N.J.A.C. 7:28-1.5(b). This removal of 

NRC contact information causes the 

NJ regulations to be incompatible in 

some cases. For example, the NRC 

contact information in 10 CFR 71.97 

should be retained because 71.97 is 

assigned Compatibility Category B. 

NJ needs to amend 7:28-1.6(m) to 

address the comment above in order 

to be compatible with NRC 

regulations. 

4 7:28-60.1(a) Appendix A, 10 

CFR Part 70 

2015-1 NRC Reportable safety events 

NJ incorporates Appendix A, 10 CFR 

Part 70 by reference in 7:28-60.1(a). 

NJ needs to specifically not adopt 

Appendix A, 10 CFR Part 70 by 

reference. 

NJ needs to address the comment 

above in order to meet the 

Compatibility Category NRC 

designation assigned to Appendix A 

to 10 CFR Part 70. 
3 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

5 7:28-65.1(a) 

7:28-

65.1(c)(7) 

37.43(d)(1) 2015-2 C General security program 

requirements 

The changes to 10 CFR 37.43(d)(1) 

specified in 7:28-65.1(c)(7) should be 

removed because 37.43(d)(1) has 

been revised to remove the reference 

to 37.43(d)(9). 

NJ needs to address the comment 

above in order to meet the 

Compatibility Category C designation 

assigned to 10 CFR 37.43(d)(1). 

6 7:28-61.1(a) 

7:28-1.6(i) 

71.4, Special 

form radioactive 

material

2015-3 [B] Definition: Special form 

radioactive material 

NJ regulation 7:28-1.6(i) substitutes 

the term “N.J.A.C. 7:28-61” for “Part 

71” in 10 CFR 71.4, Special form 

radioactive material. 

NJ needs to amend their regulations 

so that references to past versions of 

Part 71 are not replaced with 

references to N.J.A.C. 7:28-61 in 10 

CFR 71.4, Special form radioactive 

material. 

NJ needs to address the comment 

above in order to meet the 

Compatibility Category [B] 

designation assigned to 10 CFR 71.4, 

Special form radioactive material. 
4 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

7 7:28-61.1(a) 

7:28-1.6(i) 

71.17 2015-3 B General license: NRC approved 

package 

NJ regulation 7:28-1.6(i) substitutes 

the term “Department” for “NRC” in 

three places in 10 CFR 71.17, 

including the title. 

NJ needs to amend their regulations 

to specify that in 10 CFR 71.17, the 

term “NRC” means “NRC” in all three 

instances. 

NJ needs to address the comment 

above in order to meet the 

Compatibility Category B designation 

assigned to 10 CFR 71.17. 

8 7:28-1.6(h) 

7:28-

61.1(c)(1)(iii) 

71.85(c) 2015-3 NRC Preliminary determinations 

NJ incorporates 10 CFR 71.85(c) by 

reference at 7:28-61.1(c)(1)(iii). NJ 

should delete 7:28-61.1(c)(1)(iii) from 

7:28-61.1(c)(1) as this regulation is 

assigned a compatibility category 

“NRC”. 

NJ needs to address the comment 

above in order to meet the 

Compatibility Category NRC 

designation assigned to 10 CFR 

71.85(c). 

9 7:28-61.1(a) 

7:28-

61.1(c)(1)(ix) 

71.106 2015-3 C Changes to quality assurance 

program 

NJ needs to delete 7:28-61.1(c)(1)(ix) 

so that “NRC” is substituted with 

“Department” in 71.106. 

NJ needs to address the comment 

above in order to meet the 

Compatibility Category C designation 

assigned to 10 CFR 71.106. 
5 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

10 7:28-58.1(a) 

7:28-1.6(i) 

40.22(c) 2013-2 C Small quantities of source material 

NJ needs to replace the NRC contact 

information in 10 CFR 40.22(c), 

“Director of the Office of Nuclear 

Material Safety and Safeguards by an 

appropriate method listed in § 

40.5(a),” with equivalent NJ contact 

information. 

NJ needs to address the comment 

above in order to meet the 

Compatibility Category C designation 

assigned to 10 CFR 40.22(c). 

11 7:28-58.1(a) 

7:28-1.6(i) 

40.55(d)(1) 2013-2 B Conditions of licenses to initially 

transfer source material for use 

under the ‘small quantities of 

source material’ general license: 

Quality control, labeling, safety 

instructions, and records and 

reports 

NJ needs to replace the NRC contact 

information in 10 CFR 40.55(d)(1), 

“Director, Office of Nuclear Material 

Safety and Safeguards, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555,” with equivalent NJ 

contact information. 

NJ needs to address the comment 

above in order to meet the 

Compatibility Category B designation 

assigned to 10 CFR 40.55(d)(1). 
STATE REGULATION STATUS 

State: New Jersey Tracking Ticket 

Date: 1/13/2016 

[ 7 amendment(s) reviewed identified by a * at the beginning of the equivalent NRC requirement.] 

RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Letter 

Outgoing Package 

Note

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 Final ML14148A131 

Comments 03/13/09 ML090510003 No Comments 08/13/2014 ML14148A028 

New appliStatuIncompackall Nwill bbetweffecComcomm4/18/And and 

2009-1 Medical Use of Byproduct Material – Authorized 

User Clarification Part 35 74 FR 33901 

09/28/2012 Final 

ML14148A131 

No Comments 08/13/2014 ML14148A028 
2

RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Letter 

Outgoing Package 

Note

*2011-1 Decommissioning Planning 

Parts 20, 30, 40, 70 76 FR 35512 

12/17/2015 Final 

ML14148A131 Revised Final ML15323A231 

Comments 08/13/2014 ML14148A028 No Comments 01/13/2016 ML15323A228 

2011-2 Licenses, Certifications, and Approvals for Materials 

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

11/14/2014 Final 

ML14148A131 

No Comments 08/13/2014 ML14148A028 

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 05/23/2014 

ML14148A131 

No Comments 08/13/2014 ML14148A028 

2012-2 Advance Notification to Native American Tribes of 

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

08/10/2015 Final 

ML14148A131 

No Comments 08/13/2014 ML14148A028 

2012-3 Technical Corrections 

Parts 30, 34, 40 and 71 77 FR 39899 

08/06/2015 Final 

ML14148A131 

No Comments 08/13/2014 ML14148A028 

2012-4 Requirements for Distribution of Byproduct Material 

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

10/23/2015 Final 

ML14148A131 

No Comments 08/13/2014 ML14148A028 
3

RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Letter 

Outgoing Package 

Note

2013-1 Physical Protection of Byproduct Material 

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

03/19/2016 Proposed 

License Condition ML15274A377 Proposed ML15292A555 

No Comments 10/20/2015 ML15274A372 Comments 11/17/15 ML15292A442 

NJ a

*2013-2 Distribution of Source Material to Exempt Persons 

and to General Licensees and Revision of General License and Exemptions Parts 30, 40, and 70 78 FR 32310 

08/27/2016 Proposed 

ML15323A231 

Comments 01/13/2016 ML15323A228 

*2015-1 Domestic Licensing of Special Nuclear Material – 

Written Reports and Clarifying Amendments Part 70 79 FR 57721, 80 FR 143 

01/26/2018 Proposed 

ML15323A231 

Comment 01/13/2016 ML15323A228 

*2015-2 Safeguards Information - Modified Handling 

Categorization, Change for Materials Facilities Parts 30, 37, 73, and 150 79 FR 58664, 80 FR 3865 

01/28/2018 Proposed 

ML15323A231 

Comment 01/13/2016 ML15323A228 

*2015-3 Revisions to Transportation Safety Requirements 

and Harmonization with International Atomic Energy Agency Transportation Requirements Part 71 80 FR 33987 

07/13/2018 Proposed 

ML15323A231 

Comments 01/13/2016 ML15323A228 

*2015-4 Miscellaneous Corrections 

Parts 37 and 40 80 FR 45841 

09/02/2018 Proposed 

ML15323A231 

No Comments 01/13/2015 ML15323A228 
4

RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Letter 

Outgoing Package 

Note

N/A 10 CFR 19.4, 32.1, 35.60 and 70.73 N/A Final 

ML14148A131 

No Comments 08/13/2014 ML14148A028 

*N/A N.J.A.C. 7:28-1.5 and 1.6 N/A Proposed 

ML15323A231 

Comments 01/13/2016 ML15323A228