in-20251126-IR-290250385FRA: RADIOACTIVE MATERIALS CONTROL PROGRAM

TITLE 290 DEPARTMENT OF HOMELAND SECURITY Final Rule LSA Document #25-385 DIGEST RADIOACTIVE MATERIALS CONTROL PROGRAM Adds 290 IAC 3 concerning the standards for protection against radiation. Effective 30 days after filing with the publisher. HISTORY Notice of First Public Comment Period: 20250820-IR-290250385FNA Regulatory Analysis submitted with Notice of First Public Comment Period: 20250820-IR-290250385RAA Date of Hearing: September 23, 2025 CITATIONS AFFECTED: 290 IAC 3 SUMMARY/RESPONSE TO COMMENTS The Department of Homeland Security (IDHS) requested public comment from August 20, 2025, through September 19, 2025, and during the public hearing on September 23, 2025. IDHS received no comments in response to the Notice of First Public Comment Period or during the public hearing. FINAL RULE Sec. 1. (a) This article, except as otherwise specifically provided, applies to all persons that use, store, produce, transport, possess, or dispose of radioactive materials within the state of Indiana. (b) This article does not apply to any person to the extent a person is subject to regulation by the NRC. Sec. 2. To reconcile differences between this article and the incorporated language, the following words and phrases shall be substituted for the language in the incorporated material as follows: Sec. 3. The following definitions apply throughout this article: Sec. 4. (a) In accordance with IC 10-19-2.1-1, and except where specifically stated otherwise, all notifications, correspondence, communications, reports, or oath and affirmation certifications required to be submitted under this article shall be submitted electronically in writing and addressed to the department at rmcp@dhs.in.gov. Submissions made by paper shall be made out to: (b) In case of an emergency, or when an immediate or a twenty-four (24) hour notification is required, the notification shall be made telephonically to (317) 233-6611. Sec. 5. On the date the state of Indiana becomes an agreement state as published in the Federal Register, a person that possesses a general or specific license issued by the NRC for source, byproduct, or special nuclear material, in quantities not sufficient to form a critical mass, is deemed to possess a like license issued under this section. The license expires on the earlier of ninety (90) days after the department receives a notice of expiration of the license, or the date of expiration specified in the NRC license. Sec. 6. (a) Requirements regarding inspections are as required by the materials incorporated by reference. (b) This section does not limit the authority granted in IC 10-19-11-3. Sec. 7. Violations of this article may be enforced by IC 10-19-12-15 and IC 10-19-12-18. Sec. 8. Unless otherwise stated in this article, requirements regarding records are as required by the material incorporated by reference. In addition, for the purpose of this article, records shall be provided in the form of printed materials or electronic records capable of producing legible, accurate, and complete records during the required retention period. Records may not be provided on microform. The licensee shall maintain adequate safeguards against tampering with and loss of records. Records, such as letters, drawings, and specification, must include all pertinent information, such as stamps, initials, and signatures. Sec. 9. (a) Unless otherwise stated in this article, requirements regarding reports of theft or loss of licensed material are as required by the materials incorporated by reference. (b) The requirement in 10 CFR 20.2201(a)(1)(ii) and (b)(1) is modified from thirty (30) to fifteen (15) days. (c) Reports required by 10 CFR 20.2201 must include, to the extent that the information is available at the time of notification, the following information: Sec. 10. Each specific licensee shall, not less than thirty (30) days before vacating or relinquishing possession or control of a premises, which may have been contaminated with radioactive material as a result of the licensee's activities, notify the department in writing of the intent to vacate. When deemed necessary by the department, the licensee shall decontaminate the premises in such a manner as the department may specify. Sec. 1. (a) This article, except as otherwise specifically provided, applies to all persons that use, store, produce, transport, possess, or dispose of radioactive materials within the state of Indiana. (b) This article does not apply to any person to the extent a person is subject to regulation by the NRC. (c) The requirements of this rule are in addition to, and not in substitution for, other requirements of this article. The provisions of 290 IAC 3-3 through 290 IAC 3-18 also apply. Sec. 2. (a) Except as provided in this rule, and to the extent that the provisions are not inconsistent with this article, 10 CFR Part 20 is incorporated by reference. (b) The following requirements of 10 CFR Part 20 are not incorporated in this article: Sec. 1. (a) This article, except as otherwise specifically provided, applies to all persons that use, store, produce, transport, possess, or dispose of radioactive materials within the state of Indiana. (b) This article does not apply to any person to the extent a person is subject to regulation by the NRC. (c) The requirements of this rule are in addition to, and not in substitution for, other requirements of this article. The provisions of 290 IAC 3-2 and 290 IAC 3-4 through 290 IAC 3-18 also apply. Sec. 2. (a) Except as provided in this rule, and to the extent that the provisions are not inconsistent with this article, 10 CFR Part 19 is incorporated by reference. (b) The following requirements of 10 CFR Part 19 are not incorporated in this rule: Sec. 1. (a) This article, except as otherwise specifically provided, applies to all persons that use, store, produce, transport, possess, or dispose of radioactive materials within the state of Indiana. (b) This article does not apply to any person to the extent a person is subject to regulation by the NRC. (c) The requirements of this rule are in addition to, and not in substitution for, other requirements of this article. The provisions of 290 IAC 3-2, 290 IAC 3-3, and 290 IAC 3-5 through 290 IAC 3-18 also apply. Sec. 2. (a) Except as provided in this rule, and to the extent that the provisions are not inconsistent with this article, 10 CFR Part 30 is incorporated by reference. (b) The following requirements of 10 CFR Part 30 are not incorporated in this rule: Sec. 1. (a) This article, except as otherwise specifically provided, applies to all persons that use, store, produce, transport, possess, or dispose of radioactive materials within the state of Indiana. (b) This article does not apply to any person to the extent a person is subject to regulation by the NRC. (c) The requirements of this rule are in addition to, and not in substitution for, other requirements of this article. The provisions of 290 IAC 3-2 through 290 IAC 3-4 and 290 IAC 3-6 through 290 IAC 3-18 also apply. Sec. 2. (a) Except as provided in this rule, and to the extent that the provisions are not inconsistent with this article, 10 CFR Part 31 is incorporated by reference. (b) The following requirements of 10 CFR Part 31 are not incorporated in this rule: Sec. 1. (a) This article, except as otherwise specifically provided, applies to all persons that use, store, produce, transport, possess, or dispose of radioactive materials within the state of Indiana. (b) This article does not apply to any person to the extent a person is subject to regulation by the NRC. (c) The requirements of this rule are in addition to, and not in substitution for, other requirements of this article. The provisions of 290 IAC 3-2 through 290 IAC 3-5 and 290 IAC 3-7 through 290 IAC 3-18 also apply. Sec. 2. (a) Except as provided in this rule, and to the extent that the provisions are not inconsistent with this article, 10 CFR Part 32 is incorporated by reference. (b) The following requirements of 10 CFR Part 32 are not incorporated in this rule: Sec. 3. In addition to the provisions of 10 CFR 32.72(b)(4), an individual may function as an authorized nuclear pharmacist only if they are licensed as a pharmacist by the Indiana board of pharmacy. Sec. 4. The department does not administer a sealed source and device registration program. A manufacturer or an initial distributor of a sealed source or device containing a sealed source that is subject to this article shall submit a request for evaluation of radiation safety information about its product and for its registration to the NRC under 10 CFR 32.210. Sec. 1. (a) This article, except as otherwise specifically provided, applies to all persons that use, store, produce, transport, possess, or dispose of radioactive materials within the state of Indiana. (b) This article does not apply to any person to the extent a person is subject to regulation by the NRC. (c) The requirements of this rule are in addition to, and not in substitution for, other requirements of this article. The provisions of 290 IAC 3-2 through 290 IAC 3-6 and 290 IAC 3-8 through 290 IAC 3-18 also apply. Sec. 2. (a) Except as provided in this rule, and to the extent that the provisions are not inconsistent with this article, 10 CFR Part 33 is incorporated by reference. (b) The following requirements of 10 CFR Part 33 are not incorporated in this rule: Sec. 1. (a) This rule establishes radiation safety requirements for persons using sources of radiation for industrial radiography operations. (b) Except for industrial radiation machines regulated under IC 16-41-35, the requirements in this rule apply to all licensees or registrants that use sources of radiation for industrial radiography; provided, however, that nothing in this rule shall apply to the use of sources of radiation in the healing arts. (c) The requirements of this rule are in addition to, and not in substitution for, other requirements of this article. The provisions of 290 IAC 3-2 through 290 IAC 3-7 and 290 IAC 3-9 through 290 IAC 3-18 also apply. Sec. 2. (a) Except as provided in this rule, and to the extent that the provisions are not inconsistent with this article, 10 CFR Part 34 is incorporated by reference. (b) The following provisions of 10 CFR Part 34 are not incorporated in this rule: Sec. 3. To reconcile differences between this rule and the incorporated sections of 10 CFR Part 34, the following words and phrases shall be substituted for the language in 10 CFR Part 34 as follows: Sec. 1. (a) This article, except as otherwise specifically provided, applies to all persons that use, store, produce, transport, possess, or dispose of radioactive materials within the state of Indiana. (b) This article does not apply to any person to the extent a person is subject to regulation by the NRC. (c) The requirements of this rule are in addition to, and not in substitution for, other requirements of this article. The provisions of 290 IAC 3-2 through 290 IAC 3-8 and 290 IAC 3-10 through 290 IAC 3-18 also apply. Sec. 2. (a) Except as provided in this rule, and to the extent that the provisions are not inconsistent with this article, 10 CFR Part 35 is incorporated by reference. (b) The following provisions of 10 CFR Part 35 are not incorporated in this rule: Sec. 3. (a) In addition to the requirements outlined in 10 CFR 35 Subpart M, the licensee shall notify the department by telephone upon discovery, but not later than the next business day, that: (b) In addition to the requirements outlined in 10 CFR 35 Subpart M, the licensee shall submit a written report to the department within thirty (30) days after the discovery of an event listed in subsection (a). The written report must include: Sec. 1. (a) This rule establishes the requirement for the issuance of a license authorizing radioactive materials in irradiators used to irradiate objects or material using gamma radiation. This rule also establishes radiation safety requirements for operating irradiators. (b) This rule applies to panoramic irradiators that have either dry or wet storage of the radioactive sealed sources, and to underwater irradiators in which both the source and product being irradiated are under water. Irradiators whose dose rate exceeds five (5) grays (500 rads) per hour at one (1) meter from the radioactive sealed sources in air or water, as applicable for the irradiator type, are covered by this rule. (c) The requirements set out in this rule do not apply to self-contained dry source storage irradiators in which both the source and area subject to irradiation are contained within a device and are not accessible by personnel, medical radiology or teletherapy, radiography (the irradiation of materials for nondestructive testing purposes), gauging, or open-field (agricultural) irradiations. (d) The requirements of this rule are in addition to, and not in substitution for, other requirements of this article. The provisions of 290 IAC 3-2 through 290 IAC 3-9 and 290 IAC 3-11 through 290 IAC 3-18 also apply. (e) Nothing in this rule relieves the licensee from complying with other applicable federal, state, and local regulations governing the siting, zoning, land use, and building code requirements for industrial facilities. Sec. 2. (a) Except as provided in this rule, and to the extent that the provisions are not inconsistent with this article, 10 CFR Part 36 is incorporated by reference. (b) The following provisions of 10 CFR Part 36 are not incorporated in this rule: Sec. 3. To reconcile difference between this rule and the incorporated sections of 10 CFR Part 36, the following words and phrases shall be substituted for the language in 10 CFR Part 36 as follows: Sec. 1. (a) This article, except as otherwise specifically provided, applies to all persons that use, store, produce, transport, possess, or dispose of radioactive materials within the state of Indiana. (b) This article does not apply to any person to the extent a person is subject to regulation by the NRC. (c) The requirements of this rule are in addition to, and not in substitution for, other requirements of this article. The provisions of 290 IAC 3-2 through 290 IAC 3-10 and 290 IAC 3-12 through 290 IAC 3-18 also apply. Sec. 2. (a) Except as provided in this rule, and to the extent that the provisions are not inconsistent with this article, 10 CFR Part 37 is incorporated by reference. (b) The following requirements of 10 CFR Part 37 are not incorporated in this rule: Sec. 1. (a) This rule prescribes requirements for the issuance of a license authorizing the use of sources of radiation in well logging in a single well. This rule also prescribes radiation safety requirements for persons using sources of radiation in these operations. (b) This rule applies to all licensees that use sources of radiation for well logging operations, including mineral logging, radioactive markers, or subsurface tracer studies. (c) The requirements set out in this rule do not apply to the issuance of a license authorizing the use of sources of radiation in tracer studies involving multiple wells, such as field flooding studies, or to the use of sources of radiation auxiliary to well logging but not lowering into wells. (d) The requirements of this rule are in addition to, and not in substitution for, other requirements of this article. The provisions of 290 IAC 3-2 through 290 IAC 3-11 and 290 IAC 3-13 through 290 IAC 3-18 also apply. Sec. 2. (a) Except as provided in this rule, and to the extent that the provisions are not inconsistent with this article, 10 CFR Part 39 is incorporated by reference. (b) The following provisions of 10 CFR Part 39 are not incorporated in this rule: Sec. 1. (a) This article, except as otherwise specifically provided, applies to all persons that use, store, produce, transport, possess, or dispose of radioactive materials within the state of Indiana. (b) This article does not apply to any person to the extent a person is subject to regulation by the NRC. (c) The requirements of this rule are in addition to, and not in substitution for, other requirements of this article. The provisions of 290 IAC 3-2 through 290 IAC 3-12 and 290 IAC 3-14 through 290 IAC 3-18 also apply. Sec. 2. (a) Except as provided in this rule, and to the extent that the provisions are not inconsistent with this article, 10 CFR Part 40 is incorporated by reference. (b) The following requirements of 10 CFR Part 40 are not incorporated in this rule: Sec. 1. (a) This article, except as otherwise specifically provided, applies to all persons that use, store, produce, transport, possess, or dispose of radioactive materials within the state of Indiana. (b) This article does not apply to any person to the extent a person is subject to regulation by the NRC. (c) The requirements of this rule are in addition to, and not in substitution for, other requirements of this article. The provisions of 290 IAC 3-2 through 290 IAC 3-13 and 290 IAC 3-15 through 290 IAC 3-18 also apply. Sec. 2. (a) Except as provided in this rule, and to the extent that the provisions are not inconsistent with this article, 10 CFR Part 61 is incorporated by reference. (b) The following requirements of 10 CFR Part 61 are not incorporated in this rule: Sec. 1. (a) This article, except as otherwise specifically provided, applies to all persons that use, store, produce, transport, possess, or dispose of radioactive materials within the state of Indiana. (b) This article does not apply to any person to the extent a person is subject to regulation by the NRC. (c) The requirements of this rule are in addition to, and not in substitution for, other requirements of this article. The provisions of 290 IAC 3-2 through 290 IAC 3-14 and 290 IAC 3-16 through 290 IAC 3-18 also apply. Sec. 2. (a) Except as provided in this rule, and to the extent that the provisions are not inconsistent with this article, 10 CFR Part 70 is incorporated by reference. (b) The following requirements of 10 CFR Part 70 are not incorporated in this rule: Sec. 1. (a) This rule establishes requirements for packaging, preparation for shipment, and transportation of licensed material. (b) The packaging and transportation of licensed material are also subject to the requirements of other agencies (e.g., the U.S. Department of Transportation, U.S. Nuclear Regulatory Commission, and U.S. Postal Service) having jurisdiction over means of transport. (c) The requirements of this rule are in addition to, and not in substitution for, other requirements of this article. The provisions of 290 IAC 3-2 through 290 IAC 3-15, 290 IAC 3-17, and 290 IAC 3-18 also apply. (d) This rule applies to any licensee authorized by specific or general license issued by the department to receive, possess, use, or transfer licensed material, if the licensee delivers that material to a carrier for transport, transports the material outside the site of usage as specified in the department license, or transports that material on public highways. No provision of this rule authorizes the possession of licensed material. Sec. 2. (a) Except as provided in this rule, and to the extent that the provisions are not inconsistent with this article, 10 CFR Part 71 is incorporated by reference. (b) The following provisions of 10 CFR Part 71 are not incorporated in this rule: Sec. 1. (a) This article, except as otherwise specifically provided, applies to all persons that use, store, produce, transport, possess, or dispose of radioactive materials within the state of Indiana. (b) This article does not apply to any person to the extent a person is subject to regulation by the NRC. (c) The requirements of this rule are in addition to, and not in substitution for, other requirements of this article. The provisions of 290 IAC 3-2 through 290 IAC 3-16, 290 IAC 3-17 [sic], and 290 IAC 3-18 also apply. Sec. 2. (a) Except as provided in this rule, and to the extent that the provisions are not inconsistent with this article, 10 CFR Part 150 is incorporated by reference. (b) The following requirements of 10 CFR Part 150 are not incorporated in this rule: Sec. 3. The department will not accept any applications for reciprocity under this rule for activities authorized by regulations equivalent to 290 IAC 3-13 entitled "Medical Use of Radioactive Material". These activities will only be authorized under a specific license issued by the department. Sec. 1. This section applies to any person that is an applicant for, or holder of, a radioactive materials license issued under this article, "Standards for Protection Against Radiation". Sec. 2. (a) Except as provided in this rule, and to the extent that the provisions are not inconsistent with this article, 10 CFR Parts 170 and 171 are incorporated by reference. (b) The following provisions of 10 CFR Parts 170 and 171 are not incorporated in this rule: Sec. 3. (a) Annual license fees for radioactive materials are those set forth in 10 CFR 170, and other radioactive materials fees as described in 10 CFR 171: (b) Fees shall be paid using a method approved by the department. (c) An initial application for a license must be accompanied by the appropriate fees set forth in 10 CFR 170. Thereafter, if the department approves the license application, the department shall issue an annual fee invoice in accordance with the appropriate fee schedule in 10 CFR Part 171 on a quarterly basis. The invoice quarter will be based on the month of license issuance. Invoices will be issued during the quarter prior. Fees shall be paid by the last day of the quarter as shown on the license fee invoice. This subsection does not apply to full cost recovery licenses. (d) An application for reciprocal recognition of a license must be accompanied by the fees set forth in 10 CFR 170 and 10 CFR 171. (e) The department shall not accept an initial application for a license or reciprocal recognition of a license before payment of the fees required by subsections (c) and (d). (f) If a single license authorizes more than one (1) activity (e.g., human use and irradiator activities), annual fees will be assessed for each fee category applicable to the license. If a person holds more than one (1) license, the total annual fee assessed will be the cumulative total of the annual fees applicable to each license held. (g) Special provisions for calculating annual fees during the agreement state transition period: Sec. 4. (a) A broad-scope (academic or medical) licensee that provides in-kind services to the department or performs services under an accepted written agreement with the department, or both, which are valued at an equal of greater amount than their annual license fee, shall submit a written request for a waiver from payment of the annual license fee. Upon approval by the department, this waiver only remains in effect for the annual licensing period. A new waiver must be submitted for each subsequent annual licensing period. (b) A licensee that is a governmental agency of the state of Indiana shall submit a written request for a waiver from payment of the annual license fee. Upon approval by the department, this waiver remains in effect until the expiration of the license. A new waiver request must be submitted with each subsequent license renewal. (c) Revocation of the annual fee waiver: Sec. 5. (a) An annual application to operate in Indiana under reciprocity must be accompanied by the applicable fee listed in 10 CFR 170.31, Table 1. Reciprocity fees are nonrefundable. There will be no prorating of reciprocity fees. (b) A reciprocity application shall not be considered before payment of the full amount specified. Reciprocity applications for which no remittance is received shall be returned to the applicant. (c) No additional reciprocity fees are required for the same category of activity during the remainder of that calendar year. All reciprocity authorizations expire December 31 of the year in which the application was submitted. Any additional reciprocity activity beyond December 31 of that year requires a new reciprocity application. (d) A person holding a specific license issued by the NRC or any agreement state and issued by the agency having jurisdiction where the licensee maintains an office for directing the licensed activity, and where radiation safety records are normally maintained and is applying for reciprocity for the sole purpose of providing federally sponsored radiation training, the licensee may request in writing that the required reciprocity fee be waived. LSA Document #25-385 Notice of First Public Comment Period: August 20, 2025 Last Hearing Held: September 23, 2025 Approved by Attorney General: October 23, 2025 Approved by Governor: October 24, 2025 Filed with Publisher: October 28, 2025, 11:42 a.m. Documents Incorporated by Reference: 10 CFR Parts 19, 20, 30, 31, 32, 33, 34, 35, 36, 37, 39, 40, 61, 70, 71, 150, 170, and 171 Small Business Regulatory Coordinator: Alyssa Schroeder, Legislative Director, Indiana Department of Homeland Security, 302 West Washington Street, Room E208, Indianapolis, IN 46204, (317) 775-2607, aschroeder1@dhs.in.gov