2026-11290NoticeWallet

Indiana Seeks to Regulate Its Own Nuclear Safety

Published Date: 6/5/2026

Notice

Summary

The Nuclear Regulatory Commission (NRC) and the State of Indiana are working on a new agreement that lets Indiana take charge of some nuclear safety rules. This change affects Indiana residents and nuclear facilities by shifting oversight from the NRC to the state, aiming to keep everyone safe without extra costs. The public can share their thoughts by June 15, 2026, before the deal moves forward.

Analyzed Economic Effects

4 provisions identified: 3 benefits, 0 costs, 1 mixed.

Indiana to Regulate Most Radioactive Materials

The NRC would discontinue its authority over certain radioactive materials in Indiana and transfer regulatory authority to the State of Indiana for byproduct materials (Sections 11e.(1), 11e.(3), 11e.(4)), source material (Section 11z.), and special nuclear material in quantities not sufficient to form a critical mass. The NRC says it would discontinue authority over 213 licenses and those active NRC licenses would be recognized as State of Indiana licenses after the Agreement's effective date.

Indiana Program Found Adequate; Staffing Noted

NRC staff found the Indiana Department of Homeland Security's Radioactive Materials Control Program (RMCP) adequate and compatible with NRC requirements. The State will employ the equivalent of four full‑time equivalent professional and technical staff to support the Radioactive Materials Program, and Indiana has adopted by reference NRC regulations in 10 CFR parts 19, 20, 30, 31, 32, 33, 34, 35, 36, 37, 39, 40, 61, 70, 71, and 150.

Federal NRC Keeps Key Authorities

The Agreement expressly preserves NRC authority over specific areas even after the transfer. The NRC will retain regulation of the construction, operation, and decommissioning of any production or utilization facility or uranium enrichment facility; regulation of byproduct material under Section 11e.(2); export/import of byproduct, source, or special nuclear material; ocean disposal; certain disposals the Commission determines; evaluation/registration of sealed sources or devices; activities not exempt under 10 CFR part 150; and land disposal of material received from other persons.

Commission Can Suspend or Terminate Agreement

The Agreement allows the NRC to suspend or terminate all or part of the Agreement if the Commission finds it is required to protect public health and safety or the State does not meet Section 274 requirements. Under Section 274j., the NRC may temporarily suspend the Agreement without notice if an emergency exists that requires immediate action to protect health and safety.

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Key Dates

Published Date
Comments Due
6/5/2026
6/15/2026

Department and Agencies

Department
Independent Agency
Agency
Nuclear Regulatory Commission
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