In September 2009, New Jersey completed an agreement with the U.S. Nuclear Regulatory Commission (NRC) whereby the state assumed NRC’s regulatory authority over certain classes of radioactive materials. Effective September 30, 2009, New Jersey became the 37 “NRC Agreement State,” under Section 274 of the Federal Atomic Energy Act of 1954 (as amended), which means the New Jersey Department of Environmental Protection’s Bureau of Environmental Radiation now has sole licensing, rulemaking, inspection and enforcement authority for certain radioactive materials formerly under NRC’s jurisdiction. NJDEP’s authority to enter into the agreement and regulate these materials derives from Section 9.1 of the New Jersey Radiation Protection Act (N.J.S.A. 26:2D).
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Reprinted with permission from New Jersey Law Journal.