Current through Register Vol. 56, No. 24, December 18, 2024
(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 referenced citation is not incorporated by
virtue of the cross reference:
1.
10 CFR 61.4,
Communications;
2.
10 CFR
61.8, Information collection requirements:
OMB 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 changes:
1. "Nuclear Regulatory Commission," "NRC,"
and "U.S. Nuclear Regulatory Commission," as used in the provisions of Part 61
of the Code of Federal Regulations, that are incorporated by reference, means
the Department, except when specifically noted in this subchapter;
2.
10 CFR
61.1(a), replace "part 20 of
this chapter" with "N.J.A.C. 7:28-6 ";
3.
10 CFR
61.1(b), replace "part 150
of this chapter" with "N.J.A.C. 7:28-62 ";
4.
10 CFR
61.1(b)(2), replace "part 40
of this chapter" with "N.J.A.C. 7:28-58 ";
5.
10 CFR
61.1(b)(3), replace "part 20
of this chapter" 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
"Department, with approval of the Commission on Radiation 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" with "in accordance with
the provisions of
N.J.A.C.
7:28-2.8";
8.
10 CFR
61.7(c)(4), replace
"Department" with "Department of Energy";
9.
10 CFR
61.12(k), replace "part 20
of this chapter" with "N.J.A.C. 7:28-6 ";
10.
10 CFR
61.13(c), replace "part 20
of this chapter" with "N.J.A.C. 7:28-6 ";
11.
10 CFR
61.20(c), replace "part 170
of this chapter" with "N.J.A.C. 7:28-64 ";
12.
10 CFR
61.23(d), replace "part 20
of this chapter" with "N.J.A.C. 7:28-6 ";
13.
10 CFR
61.24(k)(1), replace "NRC
Regional Administrator" with "Supervisor of the Radioactive Materials
Program";
14.
10 CFR
61.43, replace "part 20 of this chapter" with
"N.J.A.C. 7:28-6 ";
15.
10 CFR
61.52(a)(6), replace
"§§ 20.1301 and 20.1302 of this chapter" with "N.J.A.C. 7:28-6
";
16.
10 CFR
61.80(i)(1), delete "to the
Director, Office of Federal and State Materials and Environmental Management
Programs," and replace "with a copy to the appropriate NRC Regional Office
shown in appendix D to part 20 of this chapter" with "to the Department at the
address or fax number listed in
N.J.A.C.
7:28-1.5"; and
17.
10 CFR 61.84,
replace all of
10 CFR 61.84
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."
18.
10 CFR
61.80(g), replace
"§§ 30.55, 40.64" with "N.J.A.C. 7:28-51, N.J.A.C. 7:28-58 and
§§ ";
19.
10 CFR
61.80(j), replace "§
70.52 of this chapter" with "N.J.A.C. 7:28-60 ";
20.
10 CFR
61.80(k), replace
"§§ 30.41, 40.51, and 70.42 of this chapter" with "N.J.A.C. 7:28-51,
58, and 60"; and
21.
10 CFR
61.80(l)(1)(i), replace "in
10 CFR part 20, appendix G" with "as is incorporated by reference in N.J.A.C.
7:28-6."
(d) For those
facilities whose radioactive materials are licensed solely by the Department,
NRC Form 3, "Notice to Employees" shall mean the Departments Form RPP-14,
"Notice to Employees, Standards for Protection Against Radiation," available
from the Department by contacting the Radioactive 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 materials 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
Department pursuant to this subchapter shall be submitted 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 effective date of the Department decision for which an
adjudicatory hearing is requested are set forth at
N.J.A.C.
7:28-4.18.
