Indiana § 10-19-11-2 - Definitions

§ 10-19-11-2. Definitions

Sec. 2. (a) The definitions set forth in this section apply throughout this chapter.

(b) "Agreement state" means a state with which the United States Atomic Energy Commission or the Nuclear Regulatory Commission has entered into an agreement under subsection 274b of the federal Atomic Energy Act of 1954 (42 U.S.C. 2021b).

(c) For purposes of this chapter, exposures are "as low as is reasonably achievable" if every reasonable effort has been made to maintain exposures to ionizing radiation as far below the dose limits as is practical:

(1) consistent with the purpose for which the licensed activity is undertaken;

(2) taking into account the state of technology and the economics of improvements; and

(3) in relation to:

(A) benefits to the public health and safety;

(B) other societal and socioeconomic considerations; and

(C) utilization of nuclear energy and licensed materials in the public interest.

(d) "Atomic Energy Act of 1954" refers to the federal Atomic Energy Act of 1954, 42 U.S.C. 2011 et seq., as in effect January 1, 2014.

(e) "Byproduct material" means any of the following:

(1) Radioactive material, except special nuclear material, yielding in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material.

(2) The tailings or wastes produced by the extraction or concentration of uranium or thorium from ore.

(3) Any discrete source of radium-226 that is produced, extracted, or converted after extraction for use for a commercial, medical, or research activity.

(4) Any material that:

(A) has been made radioactive by use of a particle accelerator; and

(B) is:

(i) produced;

(ii) extracted; or

(iii) converted after extraction;

for use for a commercial, medical, or research activity.

(5) Any discrete source of naturally occurring radioactive material, other than source material, that:

(A) is determined by the Nuclear Regulatory Commission, in consultation with the administrator of the United States Environmental Protection Agency, the United States Secretary of Energy, the United States Secretary of Homeland Security, and the head of any other appropriate federal agency, to pose a threat similar to the threat posed by a discrete source of radium-226 to the public health and safety or the common defense and security; and

(B) is:

(i) extracted; or

(ii) converted after extraction;

for use in a commercial, medical, or research activity.

(f) "Department" refers to the department of homeland security established by IC 10-19-2-1.

(g) "General license" means an export or import license that:

(1) is issued through rulemaking by the Nuclear Regulatory Commission;

(2) is effective without the filing of a specific application with the Nuclear Regulatory Commission or the issuance of licensing documents to a particular person;

(3) is not an exemption from the requirements of the Nuclear Regulatory Commission; and

(4) does not relieve a person from complying with other applicable Nuclear Regulatory Commission, federal, or state requirements.

(h) "Inspection" means an official examination or observation by the department. The term includes tests, surveys, and monitoring to determine compliance with this chapter and the rules adopted under this chapter.

(i) "Ionizing radiation" means:

(1) alpha particles;

(2) beta particles;

(3) gamma rays;

(4) x-rays;

(5) neutrons;

(6) high-speed electrons;

(7) high-speed protons; and

(8) other particles capable of producing ions.

The term does not include nonionizing radiation such as radio waves, microwaves, and visible light, infrared light, or ultraviolet light.

(j) "License" means a license issued under the Nuclear Regulatory Commission regulations or by an agreement state as stated in 10 CFR Parts 30 through 36, 39, 40, 50, 60, 61, 63, 70, or 72.

(k) "Licensed material" means:

(1) source material;

(2) special nuclear material; or

(3) byproduct material;

that is received, possessed, used, transferred, or disposed of under a general or specific license issued by the Nuclear Regulatory Commission or the department.

(l) "Nuclear Regulatory Commission" refers to the United States Nuclear Regulatory Commission.

(m) "Person" means an individual, a firm, a partnership, an association, a fiduciary, an executor or administrator, a governmental entity, a limited liability company, or a corporation.

(n) "Radioactive material" means:

(1) byproduct material;

(2) source material;

(3) special nuclear material; or

(4) any solid, liquid, or gas that emits radiation spontaneously.

(o) "Registration" means registration with the department.

(p) "Source material" means:

(1) natural uranium, depleted uranium, thorium, or any other combination of natural uranium, depleted uranium, and thorium, in any physical or chemical form other than special nuclear material; or

(2) ores that contain by weight at least five-hundredths of one percent (0.05%) of:

(A) natural uranium;

(B) depleted uranium;

(C) thorium; or

(D) any combination of natural uranium, depleted uranium, and thorium.

(q) "Special nuclear material" means:

(1) plutonium;

(2) uranium-233; or

(3) uranium enriched above seven hundred eleven thousandths of one percent (0.711%) by weight in the isotope uranium-235.

(r) "Specific license" means an export or import license document that is issued to a named person and authorizes the export or import of specified nuclear equipment or materials based upon the review and approval of an NRC Form 7 (Application for NRC Export or Import License, amendment, renewal, or consent request(s)) application.

(s) "Unnecessary radiation" means radiation used in such a manner as to be injurious or dangerous to health, life, or property.

(t) "The state" refers to the state of Indiana.

As added by P.L.29-2014, SEC.2. Amended by P.L.187-2021, SEC.34.