Indiana Agreement Application Process

The NRC provides assistance to States expressing interest in establishing programs to assume NRC regulatory authority under the Atomic Energy Act of 1954, as amended. Section 274 of the Act provides a statutory basis under which NRC relinquishes to the States portions of its regulatory authority to license and regulate byproduct, source, and certain quantities of special nuclear materials. The State Agreement and Liaison Programs Branch in the Office of Nuclear Materials Safety and Safeguards (NMSS) has the programmatic lead at the NRC for processing an Agreement application.

The Commission and a State may enter an Agreement whereby the Commission discontinues regulatory authority over a specific category of materials or class of facilities. The State of Indiana has requested an agreement for the authority to regulate byproduct, source, and special nuclear material of a certain quantity, but not the authority to regulate 11e.(2) byproduct material (mill tailings), low-level waste disposal or evaluation of sealed sources and devices. Once the Agreement process is completed, the NRC will transfer the licenses for approximately 200 academic, commercial and medical facilities to the State of Indiana.

The NRC staff evaluates the State's Agreement materials program using NMSS Procedure SA-700, "Processing an Agreement" and its associated handbook. The staff's assessment will need to show that the Agreement materials program satisfies the Commission policy statement "Criteria for Guidance of States and NRC in Discontinuance of NRC Regulatory Authority and Assumption Thereof by States Through Agreement" (46 FR 7540; January 23, 1981 and 48 FR 33376; July 21, 1983). There are several steps in the Agreement process. The table below includes the steps in the process and provides the status for the State of Indiana's Agreement application.

Indiana's Agreement will assume authority over byproduct material as defined in Sections 11e(1), of the AEA, Byproduct material as defined in Sections 11e(3), of the AEA, Byproduct material as defined in Sections 11e(4), of the AEA, Source material, and Special nuclear material in quantities not sufficient to form a critical mass. Once the Agreement process is completed, the NRC will transfer the licenses for approximately 200 academic, commercial and medical facilities to the State of Indiana. The process steps can be seen in the table below.

AGREEMENT APPLICATION PROCESS AND THE STATE OF INDIANA
Agreement Process Indiana's Status
Governor submits Letter of Intent to NRC Chairman June 11, 2021; ML21166A134
NMSS assigns a Project Manager Sherrie Flaherty: sherrie.flaherty@nrc.gov
State develops draft Agreement application July 2021 - present
State submits draft Agreement application to NRC for review  
NRC provides letter to State detailing review team's comments on draft application  
State develops Formal Request (final application) for an Agreement  
Governor submits Formal Request and certifies State has adequate program  
NRC staff prepares Commission Paper that includes draft analysis, draft Agreement and Federal Register notice requesting comments  
Commission approves publication in the Federal Register for public review and comment  
Draft Agreement and staff analysis published in the Federal Register for four consecutive weeks  
NRC staff analyzes public comments  
NRC staff prepares Commission Paper that includes final draft analysis, Agreement and resolution to public comments  
Commission approves Agreement  
Chairman and Governor sign Agreement  
State assumes regulation authority  
Final Agreement published in the Federal Register  

Page Last Reviewed/Updated Thursday, February 08, 2024