§ 10-19-11-2 — Definitions

Indiana § 10-19-11-2

• Jurisdiction: Indiana
• Title 10: PUBLIC SAFETY
• Art. 19: DEPARTMENT OF HOMELAND SECURITY
• Ch. 11: Radiation and Radioactive Material Control

Text

(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.

Legislative History

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