Indiana Seeks NRC Authority Over Nuclear Materials Safety
Published Date: 5/22/2026
Notice
Summary
The Nuclear Regulatory Commission (NRC) is teaming up with Indiana to let the state take charge of some nuclear safety rules. This means Indiana will handle certain nuclear materials oversight, aiming to keep people safe while making things smoother locally. The public can share their thoughts by June 15, 2026, before the plan moves forward—no big costs are expected, just smarter teamwork!
Analyzed Economic Effects
6 provisions identified: 5 benefits, 1 costs, 0 mixed.
State assumes radioactive-material oversight
The NRC would discontinue its authority over 213 licenses and transfer regulatory authority for specified byproduct, source, and small-quantity special nuclear materials to the State of Indiana. The transfer covers the possession and use of byproduct materials (Sections 11e.(1), (3), and (4)), source material (Section 11z.), and special nuclear material in quantities not sufficient to form a critical mass.
NRC licenses continue as Indiana licenses
After the Agreement's effective date, NRC licenses for materials covered by the Agreement that were issued to facilities in Indiana will be recognized as Indiana Department of Homeland Security (IDHS) licenses and will continue in effect until they expire or are replaced. The State provides for 'timely renewal' so licenses with a renewal application filed more than 30 days before expiration will continue during the renewal process to minimize transition effects on licensees.
Indiana adopts NRC regulations for compatibility
Indiana adopted by reference relevant NRC regulations into Indiana Administrative Code Title 290 Article 3, including 10 CFR parts 19, 20, 30, 31, 32, 33, 34, 35, 36, 37, 39, 40, 61, 70, 71, and 150. The State committed to address remaining compatibility comments through its next rulemaking.
NRC staff finds Indiana program adequate
The NRC draft staff assessment concludes that the Indiana Radioactive Materials Control Program is adequate to protect public health and safety for the materials covered and is compatible with the Commission's program, meeting the Section 274d. criteria and the NRC Policy Statement criteria.
NRC retains authority for certain activities
The Agreement does not transfer NRC authority for several activities in Indiana, including construction/operation/decommissioning of production or utilization facilities; byproduct material defined in Section 11e.(2); import/export of materials; disposal into the ocean or sea; certain disposals the Commission deems require a Commission license; evaluation and registration of sealed sources or devices; activities not exempt under 10 CFR part 150; and land disposal of material received from others.
State program staffing described (4 FTE)
The draft assessment states the Indiana Radioactive Materials Control Program will employ the equivalent of four full-time equivalent (FTE) professional and technical staff to support the program. The document says current staff meet education and experience requirements (bachelor's degree or equivalent; supervisors have at least five years' radiation-protection experience).
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Key Dates
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