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NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
ENVIRONMENTAL MANAGEMENT
DIVISION OF ENVIRONMENTAL SAFETY AND HEALTH
COMMISSION ON RADIATION PROTECTION

Notice of Rule Proposal
Radiation Protection Programs, N.J.A.C. 7:28

PUBLIC NOTICE
Take notice that the NJ Department of Environmental Protection (Department) and the Commission on Radiation Protection (CORP) are proposing to amend the Radiation Protection Programs rules, N.J.A.C. 7:28, which pertain to all aspects of the regulation of radioactive materials, ionizing radiation-producing machines (x-ray machines), and sources of non-ionizing radiation.  The regulations implement the Radiation Protection Act’s directive to prohibit and prevent unnecessary radiation.  A statement of the substance of the proposal follows:

In 2008, the Radiation Protection rules were extensively revised to incorporate US Nuclear Regulatory Commission (NRC) regulations in order that New Jersey could become an Agreement State.  The Department and CORP propose to amend the rules to correct cross references and to add provisions based on the Department’s experience gained regulating diffuse naturally occurring or accelerator produced radioactive materials (NARM), source, special nuclear, and byproduct materials since NJ became an Agreement State.

Subchapters 2, 4, 6, 12, and 50 through 64 are associated with the Agreement State program.  Subchapter 4 is proposed to be amended to reduce the regulatory burden on small businesses that are currently required to be specifically licensed for water treatment systems, and to remove references to sources that are now regulated as byproduct material in Subchapters 50 through 63.  Also, the existing rules continue to regulate sources that remain within the jurisdiction of the NRC (nuclear plants, US Department of Energy, etc.) and the proposed amendments take those sources out of the State’s rules.  Proposed amendments to Subchapter 64 add a fee category for municipalities with X-ray fluorescence devices (generally used to detect lead in paint).  This fee category was inadvertently left out of the rules when they were amended as part of the Agreement State process.  The proposed fee category will result in municipalities paying a lower fee.  Other proposed amendments to Subchapter 64 allow the Department to refund half the annual fee when a licensee has terminated its license by December 31.

Subchapters 2, 3, 19, and 22 address ionizing radiation-producing machines.  Proposed amendments to Subchapter 2 include language that prohibits the use of ionizing radiation-producing machines if their protective mechanisms are malfunctioning.  Subchapter 3 amendments clarify that fees are non-refundable and resolve conflicting registration expiration dates in the subchapter. Subchapter 19 is proposed to be amended to clarify language related to the activities that a Radiologic Technologist may perform, and publish criteria for mean passing rate for dental radiography programs and correct typographical errors.  Proposed amendments to Subchapter 22 clarify recordkeeping requirements, revise physicist program review testing frequency to be consistent with the annual physicist survey, correct grammatical errors that result in ambiguity, incorporate changes in medical physicist delegation provisions that are currently handled through a CORP exemption and delete the compliance schedule for implementing quality assurance. Amendments throughout the chapter replace Bureau of Radiological Health with Bureau of X-ray Compliance and update contact information.

The proposal is scheduled to be published in the New Jersey Register dated April 15, 2013.  A copy of the proposal is available from:  the Bureau of Environmental Radiation at (609) 984-5400, the DEP website at http://www.nj.gov/dep/rules/proposals/20130415b.pdf, or LexisNexis Customer Service at (800) 223-1944 or www.lexisnexis.com/bookstore.  Be advised that there may be a fee for obtaining a copy of the proposal from some sources.

Written comments may be submitted electronically by June 14, 2013 at http://www.nj.gov/dep/rules/comments; or
In hard copy to:

Alice Previte
ATTN: (DEP Docket No. 03-13-03)
NJ Department of Environmental Protection
Office of Legal Affairs
Mail Code 401-04L; PO Box 402
401 East State Street, 4th Floor
Trenton, NJ 08625-0402

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Last Updated: February 6, 2013