Frequently Asked Questions Regarding the State of Indiana’s Request to Pursue an Agreement with the Nuclear Regulatory Commission
What is an Agreement State?
Congress authorized the NRC in Section 274b. of the Atomic Energy Act to enter into Agreements that allow States to assume, and the NRC to discontinue, regulatory authority over byproduct, source, and small quantities of special nuclear material. The State can then regulate byproduct, source and small quantities of special nuclear materials that are covered in the Agreement, using its own legislation, regulations, or other legally binding provisions. The Commission will enter into an Agreement, if the Commission finds the State program adequate to protect public health and safety and compatible with the NRC's regulatory program. The NRC ensures that an Agreement State program remains adequate and compatible through periodic review and assessment under the Integrated Materials Performance Evaluation Program (IMPEP).
How many states are currently in the Agreement State Program?
There are 39 Agreement States that regulate approximately 16,500 radioactive material licenses, or approximately 88 percent of all radioactive material licenses nationally.
What exactly would the Agreement with Indiana allow the State to regulate and what would the NRC continue to regulate?
The Agreement that Indiana has requested will allow the State to assume regulatory authority over the possession and use of byproduct material, source material and special nuclear material in limited quantities used at academic, commercial, and medical facilities. Once the Agreement is approved by the Commission, Indiana will regulate approximately 200 radioactive material licensees. The NRC would retain regulatory authority over federal agencies, nuclear power plants, federally recognized Tribal lands and the evaluation of sealed sources and devices within the State.
What are the steps in the process by which a State becomes an Agreement State?
The major steps are:
How long is the proposal review process that results in a State becoming an Agreement State?
The NRC's part of the process takes about a year to complete starting when the agency receives the final application from the State. Adding the time it takes for the State to develop its program, train its staff, and adopt compatible regulations, after it sends in a letter of intent, the entire process typically requires approximately 4 years.
Where is Indiana's application within this timeline?
The NRC has been working with the State of Indiana since July 2021. Governor of the State of Indiana submitted a letter of intent to the NRC Chairman on June 11, 2021. Current projections are that the Agreement application process will be completed and the Agreement signed by the end of 2025.
What opportunities are currently available or will be available in the future to comment on the State's program and the governing regulations?
Those interested in receiving notifications from the Indiana’s Department of Homeland Security (IDHS) of major developments in their process to adopt regulations to support an Agreement State application should contact IDHS’s Radiation Program Director, Sarah Chaney at schaney@dhs.in.gov or (317) 296-9208.
Will the National Historic Preservation Act (NHPA) and/or the National Environmental Policy Act (NEPA) reviews continue to be part of application reviews for materials covered under the Agreement once Indiana becomes an Agreement State?
No, unless another federal agency, such as the Bureau of Land Management or the Environmental Protection Agency, is involved in the licensing action. The NHPA and NEPA are Federal statutes that apply to federal undertakings and major federal actions significantly affecting the quality of the human environment. Future licensing reviews would be State actions and subject to the regulations developed by the State of Indiana.
Would the transfer of regulatory authority from the NRC to the State of Indiana be considered a Federal undertaking as defined in the NHPA and therefore require consultation to comply with Section 106 with federally recognized Tribes and other concerned individuals and stakeholders?
No. The review and consideration of an application for an Agreement is not a federal undertaking that is subject to NHPA Section 106 review.
If federally recognized Tribes have concerns about the Indiana Agreement State proposal and the impact of the NRC's acceptance of Indiana as an Agreement State on Tribal engagement what are the channels for expressing these concerns?
Federally recognized Tribes may contact the NRC with any concerns about Tribal engagement. Information on the Indiana Agreement State proposal can be obtained from Duncan White, Indiana Agreement Project Manager (duncan.white@nrc.gov, 301-415-2598).
Will the State of Indiana regulate activities on Tribal land held in trust by the Federal government, Tribal reservations, or allotted land?
No. Federally recognized Tribes and their land or reservations that are in an area of exclusive federal jurisdiction are only subject to the NRC's regulatory authority. The NRC will continue to regulate the possession and use of byproduct, source and special nuclear materials if they are on land or reservations under exclusive federal jurisdiction. There are currently no facilities in Indiana that would be transferred to the State as part of the Agreement that are located on Tribal land. Case-by-case determinations will be needed to determine regulatory authority over Tribal lands that are not under exclusive federal jurisdiction.
What if a federally recognized Tribe leases its land to a private operator? Who would regulate?
The NRC would still be the regulatory authority if a federally recognized Tribe leases its land under exclusive federal jurisdiction to a private operator. Case-by-case determinations would be needed to determine regulatory authority if the Tribal lands are not under exclusive federal jurisdiction.
