ML19015A215

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Nj Final Regulations Subchapter 58 (10 CFR 40)
ML19015A215
Person / Time
Issue date: 01/28/2019
From: Michelle Beardsley
Office of Nuclear Material Safety and Safeguards
To:
Beardsley M
References
Download: ML19015A215 (3)
v • d • e


Text

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15. 10 CFR 39.63(1), replace "Part 21" with "10 CFR part 21";
16. 10 CFR 39. 73(a), replace "19, 20, and 39" with "N.J.A.C. 7:28-6, 50 and 57";
17. 10 CFR 39. 75(e), add", or NRC" after "Agree-ment State";
18. 10 CFR 39. 77(a), replace "NRC Regional Of-fice by telephone" with "Department by telephone as per N.J.A.C. 7:28-1.5" and replace "using an ap-propriate method listed in § 30.6(a) of this chapter,"

with "at the address or fax number listed in N.J.A.C.

7:28-1.5";

19. 10 CFR 39.77(c)(l), replace "appropriate NRC Regional Office" with "Department at the phone number listed in N.J.A.C. 7:28-1.5";
20. 10 CFR 39.77(d), replace "appropriate NRC Regional Office" with "Department at the address or fax number listed in N.J.A.C. 7:28-1.5";
21. 10 CFR 39.91, add "with the approval of the Commission on Radiation Protection," after* "ini-tiative," and replace "and will not endanger life or property or the common defense and security and are otherwise in the public interest" with "in accor-dance with the provisions of N.J.A.C. 7:28-2.8"; and
22. 10,CFR 39.103, replace all of 10 CFR 39.103 with "The Radiation Protection Act of 195~, N.J.S.A.

26:2D-1 et seq., provides for criminal sanctions for violation of any provision of the Act."

(d) Reports that are to be submitted to the De-partment pursuant to this subchapter shall be sub-mitted to the address at N.J.A.C. 7:28-1.5.

(e) Requests for adjudicatory hearings shall be made in accordance with N.J.A.C. 7:28-4.17, and requirements governing requests for stay of the ef-fective date of the Department decision for which an adjudicatory hearing is requested are set forth at N.J.A.C. 7:28-4.18.

HISTORY:

Amended by R.2014 d.083, effective May 5, 2014.

See: 45 N.J.R. 806(a), 46 N.J.R. 768(a).

Rewrote the section.

SUBCHAPTER 58. DOMESTIC LICENSING OF SOURCE MATERIAL

§ 7:28-58.1 Incorporation by reference (a) Except as set forth in (b) and (c) below, this subchapter incorporates by reference 10 CFR Part 40, Domestic Licensing of Source Material.

(b) The following provisions of 10 CFR Part 40 are not incorporated by reference. If there is a cross reference to a Federal citation specifically entirely excluded from incorporation, then the cross refer-enced citation is not incorporated by virtue of the cross reference:

§ 7:28-58.1

1. 10 CFR 40.2a, Coverage of inactive tailings sites;
2. 10 CFR 40.4, Definitions. The foilowing defi-nitions in 10 CFR 40.4 are not incorporated by ref-erence: "byproduct material," "commencement of construction, paragraph 2," "Commission," and "con-struction, paragraph 9(ii)";
3. 10 CFR 40.5, Communications;
4. 10 CFR 40.8, Information collection require-ments: 0MB approval;
5. 10 CFR 40.12(b), Carriers;
6. 10 CFR 40.20(b) and (c), Types of licenses;
7. 10 CFR 40.23, General license for carriers of transient shipments of natural uranium other than in the form of ore or ore residue;
8. 10 CFR 40.26, General license for possession and storage of byproduct material as defined in this part;
9. 10 CFR 40.27, General license for custody and long-term care of residual radioactive material dis-posal sites;
10. 10 CFR 40.28, General license for custody and long-term care of uranium or thorium byproduct ma-terials disposal sites;
11. 10 CFR 40.31(c), (f) through (h), G), (k), {I),

and (m), Application for specific licenses;

12. 10 CFR Part 40.32(d), (e), (g), General re-quirements for issuance of specific licenses;
13. 10 CFR 40.33, Issuance of a license for aura-nium enrichment facility;
14. 10 CFR 40.35(f), Conditions of specific licens-es issued* pursuant to § 40.34;
15. 10 CFR 40.38, Ineligibility of certain appli-cants;

' 16. 10 CFR 40.41(d), (e)(l), (e)(3), and (g), Terms and conditions of licenses;

17. 10 CFR 40.51(b)(6), Transfer of source or by-product material;
18. 10 CFR 40.52, Certain items containing source material; requirements for license to apply or initially transfer.
19. 10 CFR 40.53, Conditions of licenses issued for initial transfer of certain items containing source material: Quality control, labeling, and records and reports.;
20. 10 CFR 40.64, Reports;
21. 10 CFR 40.65, Effluent monitoring reporting requirements;
22. 10 CFR 40.66, Requirements for advance no-tice of export shipments of natural uranium;
23. 10 CFR 40.67, Requirement for advance no-tice for importation of natural uranium from coun-tries that are not party to the Convention on the Physical Protection of Nuclear Material;
24. 10 CFR 40.91, Violations; and 193 i

I

§ 7:28-58.1

25. 10 CFR 40 Appendix A, Criteria Relating to the Operation of Uranium Mills and the Disposition of Tailings or Wastes Produced by the Extraction or Concentration of Source Material from Ores Pro-cessed Primarily for Their Source Material Content.

(c) In addition to the changes outlined in N.J.A.C.

7:28-1.6, the following provisions of 10 CFR Part 40 are incorporated by reference with the specified changes:

1. "Commission," "Nuclear Regulatory Commis-sion," "NRC," and "U.S. Nuclear Regulatory Com-mission," as used in the provisions of Part 40 of the Code of Federal Regulations that are incorporated by reference, means the Department, except when specifically noted in this subchapter;
2. "Registrant" as used in the provisions of Part 40 of the Code of Federal Regulations that are incor-porated by reference, means a "radioactive materi-als registrant" except when specifically noted;
3. "Source and byproduct material" as used in the provisions of Part 40 of the Code of Federal Regu-lation that are incorporated by reference, means source material, except when specifically noted in this subchapter;
4. 10 CFR 40.6, replace "Except_ as specifically authorized by the Commission in writing, no" with "No," and replace by the General Counsel" with "signed and approved by the Commissioner of the Department,";
5. 10 CFR 40. 7(a), delete "The protected activities are established in section 211 of the Energy Reor-ganization Act of 1974, as amended, and in general are related to the administration *or enforcement of a requirement imposed under the Atomic Energy Apt or the Energy Reorganization Act.";
6. 10 CFR 40. 7(a)(3), replace "Energy Reorganiza-tion Act of 1974, as amended, or the Atomic Energy Act of 1954, as amended" with "Radiation Protection Act of 1958, N.J.S.A. 26:2D-1 et seq.";
7. 10 CFR 40.7(e)(l), replace "part 19" with "N.J.A.C. 7:28-50";
8. 10 CFR.40.9(b), replace "Administrator of the appropriate Regional Office" with "Department";
9. 10 CFR 40.14(a), replace "Commission" with "Department, with approval of the Commission on Radiation Protection," and replace "by law and will not endanger life or property or the common de-fense and security and are otherwise in the public interest" with "in accordance with the provisions of N.J.A.C. 7:28-2.8";
10. 10 CFR 40,21, delete "or byproduct material";
11. 10 CFR 40.22(b)(3), replace"§§ 40.1 through 40.10" with"§§ 40.1, 40.2, 40.3, 40.4, 40.6 and 40.7, 40.9 and 40.10," and replace "40.41 (a) through (e)"

with "40.41(a) through.(c) and (e)(2)";

NEW JERSEY ADMINISTRATIVE CODE

12. 10 CFR 40.25(c)(l), replace "NRC Form 244, "Registration Certificate-Use of Depleted Uranium Under General License" with "forms available from the Department";
13. 10 CFR 40.25(c)(2), replace "Director, Divi-sion of Industrial and Medical Nuclear Safety, with a copy to the Regional Administrator of the appro-priate U.S. Nuclear Regulatory Commission Re-gional Office listed in appendix D of part 20 of this chapter" with "Department";
14. 10 CFR 40.25(d)(4), replace "Director, Divi-sion of Industrial and Medical Nuclear Safety, with a copy to the Regional Administrator of the appro-priate U.S. Nuclear Regulatory Commission Re-gional Office listed in appendix D of part 20 of this chapter" with Department";
15. 10 CFR 40.25(e), delete "parts 19, 20, and 21, of this chapter" with "part 21 of this chapter and N.J.A.C. 7:28-6 and N.J.A.C. 7:28-50";
16. 10 CFR 40.31(a), replace "NRC Form 313,

'Application for Material License,' in accordance with the instructions in§ 40.5 of this chapter" with "forms available from the Department";

17. 10 CFR 40.31(e), replace "§ 170.31" with "N.J.A.C. 7:28-64";
18. 10 CFR 40.25(c)(l), (c)(2), and (d)(3), add "or Department equivalent" after "'Registration Certif-icate-Use of Depleted Uranium Under General Li-cense,"';
19. 10 CFR 40.35(d)(l) and (d)(2), add "or Depart-ment equivalent" after '"Registration Certifica,te-U se of Depleted Uranium Under General License,"';
20. 10 CFR 40.35(e)(l), replace "Director, Office of Nuclear Material Safety and Safeguards" with "De-partment";
21. 10 CFR 40.31(c), replace "regulations con-tained in parts 2 and 9 of this chapter" with "the Open Public Records Act (N.J.S.A. 47:lA-1 et seq.)";
22. 10 CFR 40.36(c)(5) replace "20.1402" with "N.J.A.C. 7:28-12.1";
23. 10 CFR 40.36(d)(l)(i)(B), replace "20.1402" with "N.J.A.C. 7:28-12.1," add "or restricted" after "unrestricted," and delete ", provided that, if the applicant or licensee can demonstrate its ability to meet the provisions of 10 CFR 20.1403, the cost esti-mate may be based on meeting the 10 CFR 20.1403 criteria";
24. 10 CFR 40.3l(e), replace "part 170" with !'Sub-chapter 64" and"§ 170.31" with "Subchapter 64";
25. 10 CFR 40.36(e)(2), replace "part 30" with "Subchapter 51";
26. 10 CFR 40.36(f)(3)(iv), replace "10 CFR part 20, subpart E" with "N.J.A.C. 7:28-12" and replace "10 CFR 20.2002" with "N.J.A.C. 7:28-6";
27. 10 CFR 40.41(c), replace "part 71" with "N.J.A.C. 7:28-61";

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28. 10 CFR 40.41(£)(1), replace "appropriate NRC Regional Administrator" with "Department";
29. 10 CFR 40.42(j)(2), replace "10 CFR part 20, subpart E" with "N.J.A.C. 7:28-12";
30. 10 CFR 40.42(k:)(3)(i), replace "10 CFR part 20, subpart E" with "N.J.A.C. 7:28-12";
31. 10 CFR 40.42(k:)(3)(ii), replace "10 CFR part 20, subpart E" with "N.J.A.C. 7:28-12";
32. 10 CFR 40.43(a), add "or Department equiva-lent" after "NRC Form 313";
33. 10 CFR 40.44, add "or Department equiva-lent" after "NRC Form 313";
34. 10 CFR 40.46(b) delete "or Appendix A to this part";
35. 10 CFR 40.51(b)(5) add "or the U.S. Nuclear Regulatory Commission" after "Agreement State";
36. 10 CFR 40.51(c), add "or the U.S. Nuclear Regulatory Commission" after both instances of "Agreement State";
37. 10 CFR 40.60(c)(2), replace "NRC's Document Control Desk" with "Department" and replace "ap-propriate NRC regional office listed in appendix D to part 20 of this chapter" with "Department"; and
38. 10 CFR 40.82, replace all of 10 CFR 40.82 with "The'Radiation Protection Act of 1958, N.J.S.A.

26:2D-1 et seq., provides for criminal sanctions for violation of any provision of the Act."

(d) For those facilities whose radioactive mate-rials are licensed solely by the Department, NRC Form 3, "Notice to Employees" shall mean the De-partment's Form RPP-14, "Notice to Employees, Standards for Protection Against Radiation," avail-able from the Department by contacting the Ra-dioactive Materials Program at the address, phone number, or website listed in N.J.A.C. 7:28-1.5.

(e) Those facilities which possess a license from the Department and the NRC for radioactive ma-terials shall post both the NRC's Form 3, "Notice to Employees" and the Department's Form RPP-14, "Notice to Employees, Standards for Protection Against Radiation."

(f) Reports that are to be submitted to the Depart-ment pursuant to this subchapter shall be submit-ted to the address at N.J.A.C. 7:28-1.5.

(g) Requests for adjudicatory hearings shall be made in accordance with N.J.A.C.. 7:28-4.17, and requirements governing requests for stay of the ef-fective date of the Department decision for which an adjudicatory hearing is requested are set forth at N.J.A.C. 7:28-4.18.

HISTORY:

Amended by R.2014 d.083, effective May 5, 2014.

See: 45 N.J.R. 806(a), 46 N.J.R. 768(a).

Rewrote the section.

Amended by R.2016 d.022, effective March 7, 2016 (opera-tive March 19, 2016).

§ 7:28-59.1 See: 47 N.J.R. 2589(a), 47 N.J.R. 2695(a), 48 N.J.R. 409(b).

In the introductory paragraph of (c), substituted "In addi-tion to the changes outlined in N.J.A.C. 7:28-1.6, the" for "The; rewrote (c)ll; and in (c)23, updated the first CFR reference.

SUBCHAPTER 59. LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE

§ 7:28-59.1 Incorporation by reference (a) Except as set forth in (b) and (c) below, this subchapter incorporates by reference 10 CFR Part 61, Licensing Requirements for Land Disposal of Radioactive Waste.

(b) The following provisions of 10 CFR Part 61 are not incorporated by reference. If there is a cross reference to a Federal citation specifically entirely excluded from incorporation, then the cross refer-enced citation is not incorporated by virtue of the cross reference:

1. 10 CFR 61.4, Communications;
2. 10 CFR 61.8, Information collection require-ments: 0MB approval;
3. 10 CFR 61.16, Other information;
4. 10 CFR 61.23(i) and (j), Standards for issuance of a license; and
5. 10 CFR 61.83, Violations.

(c) The following provisions of 10 CFR Part 61 are incorporated by reference with the specified chang-es:

1. "Nuclear Regulatory Commission," "NRC," and "U.S. Nuclear Regulatory Commission," as used in the provisions of Part 61 of the Code of Federal Reg-ulations, that are incorporated by reference, means the Department, except when specifically noted in this. subchapter;
2. 10 CFR 61.l(a), replace "part 20 of this chap-ter" with "N.J.A.C. 7:28-6";
3. 10 CFR 61.l(b), replace "part 150 of this chap-ter" with "N.J.A.C. 7:28-62";
4. 10 CFR 61.l(b)(2), replace "part 40 of this chap-ter" with "N.J.A.C. 7:28-58";
5. 10 CFR 61.l(b)(3), replace "part 20 of this chap-ter" with "N.J.A.C. 7:28-6";
6. 10 CFR 61.5, delete "Except as specifically authorized by the Commission in writing, no" with "No," and replace "by the General Counsel" with "signed and approved by the Commissioner of the Department,";
7. 10 CFR 61.6, replace "Commission" with "De-partment, with approval of the Commission on Ra-diation Protection," and replace by law and will not endanger life or property or the common defense and security and are otherwise in the public interest" 195
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