Wisconsin Legislature: DHS 157.06(4)(b)

2. Under the terms of the contract or subcontract, there is adequate assurance that the work may be accomplished without undue risk to the public health and safety.

History: CR 01-108: cr. Register July 2002 No. 559, eff. 8-1-02.

DHS 157.05 Prohibitions.

(1) Devices. The following devices may not be used in Wisconsin:

(a) A hand-held fluoroscopic screen unless it has been listed in the Registry of Sealed Source and Devices.

(b) A shoe-fitting fluoroscopic device.

(2) Deliberate misconduct. No person may do any of the following:

(a) Engage in deliberate misconduct that causes or would have caused, if not detected, a licensee, registrant or applicant under this chapter to be in violation of any rule or order of the department; or any term, condition or limitation of any license or registration issued by the department under this chapter.

(b) Deliberately submit to the department; a licensee, registrant or applicant under this chapter; or a contractor or subcontractor of a licensee, registrant or applicant under this chapter; any information that the person knows to be incomplete or inaccurate.

(3) Radiation survey instrumentation. No person may operate a portable device containing radioactive material designed to measure moisture content or density of materials unless calibrated and operable radiation survey instrumentation that meets the requirements of s. DHS 157.52 (4) (a), (b) and (c) is available for use at each site where the portable devices are used.

(4) Training.

(a) No person may use a portable device containing radioactive material used to measure moisture content or density of materials or determine lead content of paint unless the person has completed 8 hours of manufacturer’s training or equivalent training that meets the requirements of ch. DHS 157 Appendix S.

(b) A person providing equivalent training under par. (a) for certified lead inspectors or risk assessors shall meet the qualification requirements of s. DHS 163.24 (3) (a) 1. and 3. and shall complete an additional 8 hours of radiation safety training.

(5) Physical controls. No person may use a portable device containing radioactive material designed to measure moisture content or density of materials unless there is a minimum of 2 independent physical controls that form tangible barriers to secure the device from unauthorized removal, whenever the device is not under the control and constant surveillance of the licensee.

History: CR 01-108: cr. Register July 2002 No. 559, eff. 8-1-02; CR 06-021: am. (1) (a) and (3), cr. (5) Register October 2006 No. 610, eff. 11-1-06; correction in (4) (b) made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637; CR 09-062: cr. (5) (title) Register April 2010 No. 652, eff. 5-1-10; correction in (4) (a) made under s. 35.17, Stats., Register January 2018 No. 745.

DHS 157.06 General regulatory requirements.

(1) Records. A licensee or registrant shall maintain records showing the receipt, transfer and disposal of all sources of radiation until the department terminates the license or registration authorizing possession of the device or material, and for 3 years following transfer or disposal of the device or material.

Note: Additional record requirements are specified elsewhere in this chapter.

(2) Inspections.

(a) A licensee or registrant shall afford the department at all reasonable times opportunity to inspect sources of radiation, packaging and the premises and facilities on which the sources of radiation are used or stored and consult with workers.

(b) Each licensee and registrant shall make available to the department for inspection, upon reasonable notice, records maintained under this chapter.

(c) The department shall provide official notification in writing of the inspection findings, including any notice of violation, to the licensee or registrant.

(3) Tests. A licensee or registrant shall perform upon instructions from the department, or shall permit the department to perform, such reasonable tests as the department deems appropriate or necessary including tests of any of the following:

(a) Sources of radiation.

(b) Facilities wherein sources of radiation are used or stored.

(d) Other equipment and devices used with utilization or storage of licensed or registered sources of radiation.

(4) Units of exposure and dose.

(a) The unit of exposure is the coulomb per kilogram of air. One roentgen is equal to 2.58E-4 coulomb per kilogram of air.

(b) The units of dose are any of the following:

1. Gray is the SI unit of absorbed dose. One gray is equal to an absorbed dose of one joule per kilogram (100 rad).

2. Rad is the special unit of absorbed dose. One rad is equal to an absorbed dose of 100 erg per gram or 0.01 joule per kilogram.

3. Rem is the special unit of any of the quantities expressed as dose equivalent. The dose equivalent in rem is equal to the absorbed dose in rad multiplied by the quality factor.

Note: 0.01 sievert equals one rem.

4. Sievert is the SI unit of any of the quantities expressed as dose equivalent. The dose equivalent in sievert is equal to the absorbed dose in gray multiplied by the quality factor.

Note: One sievert equals 100 rem.

- See PDF for table

Note: Absorbed dose in gray equal to one Sv or the absorbed dose in rad equal to one rem.

(d) If it is more convenient to measure the neutron fluence rate than to determine the neutron dose equivalent rate in sievert per hour or rem per hour, as provided in par. (c), 0.01 Sv (1 rem) of neutron radiation of unknown energies may be assumed to result from a total fluence of 25 million neutrons per square centimeter incident upon the body. If sufficient information exists to estimate the approximate energy distribution of the neutrons, a licensee or registrant may use the fluence rate per unit dose equivalent or the appropriate Q value from Table DHS 157.06B to convert a measured tissue dose in gray or rad to dose equivalent in sievert or rem.

Table DHS 157.06B
Mean Quality Factors, Q, and Fluence Per Unit Dose
Equivalent for Monoenergetic Neutrons

- See PDF for table

a Value of quality factor at the point where the dose equivalent is maximum in a 30-centimeter diameter cylinder tissue-equivalent phantom.

b Monoenergetic neutrons incident normally on a 30-centimeter diameter cylinder tissue-equivalent phantom.

(5) Units of activity. For purposes of this chapter, activity is expressed in the SI unit of becquerel or in the special unit of curie, or their multiples, or disintegrations or transformations per unit of time. One becquerel = one disintegration or transformation per second. One curie = 3.7E+10 disintegrations or transformations per second = 3.7E+10 becquerel = 2.22E+12 disintegrations or transformations per minute.

History: CR 01-108: cr. Register July 2002 No. 559, eff. 8-1-02.

Subchapter II — Licensing of Radioactive Material

DHS 157.09 Exemptions.

(1) Exemptions of source material.

(a) A person is exempt from subchs. III and X if the person receives, possesses, uses, owns or transfers any of the following types and forms of source material:

1. Any chemical mixture, compound, solution or alloy in which the source material by weight is less than 1/20 of one percent of the mixture, compound, solution or alloy.

2. Unrefined and unprocessed ore containing source material provided that, except as authorized in a specific license, the person does not refine or process the ore.

3. Rare earth metals and compounds, mixtures and products containing not more than 0.25% by weight thorium, uranium or any combination of these.

4. Any quantities of thorium contained in any of the following:

a. Incandescent gas mantles.

b. Vacuum tubes.

c. Welding rods.

d. Electric lamps for illuminating purposes provided that a lamp does not contain more than 50 milligrams of thorium.

e. Germicidal lamps, sunlamps and lamps for outdoor or industrial lighting provided that a lamp does not contain more than 2 grams of thorium.

f. Personnel neutron dosimeters, provided that a dosimeter does not contain more than 50 milligrams of thorium.

5. Source material contained in any of the following products:

a. Glazed ceramic tableware manufactured before August 27, 2013, provided that the glaze contains not more than 20% by weight source material.

b. Glassware containing not more than 2% by weight source material, or for glassware manufactured before August 27, 2013, 10% by weight source material; but not including commercially manufactured glass brick, pane glass, ceramic tile, or other glass or ceramic used in construction.

c. Glass enamel or glass enamel frit containing not more than 10% by weight source material imported or ordered for importation into the United States or initially distributed by manufacturers in the United States, before July 25, 1983.

d. Piezoelectric ceramic containing not more than 2% by weight source material.

6. Photographic film, negatives and prints containing uranium or thorium.

7. Any finished product or part fabricated of tungsten-thorium or magnesium-thorium alloys, or containing tungsten-thorium or magnesium-thorium alloys, provided that the thorium content of the alloy does not exceed 4% by weight and that this exemption is not deemed to authorize the chemical, physical or metallurgical treatment or processing of any product or part.

8. Uranium contained in counterweights installed in aircraft, rockets, projectiles or missiles or stored or handled in connection with installation or removal of the counterweights, under all of the following conditions:

a. Each counterweight has been impressed with the following legend clearly legible through any plating or other covering: “DEPLETED URANIUM”. This requirement need not be met by counterweights manufactured prior to December 31, 1969 provided that the counterweights are impressed with the legend “CAUTION — RADIOACTIVE MATERIAL — URANIUM”.

b. Each counterweight is durably and legibly labeled or marked with the identification of the manufacturer and the statement, “UNAUTHORIZED ALTERATIONS PROHIBITED”. This requirement need not be met by counterweights manufactured prior to December 31, 1969 provided that the counterweights are impressed with the legend “CAUTION — RADIOACTIVE MATERIAL — URANIUM”.

c. This exemption may not be deemed to authorize the chemical, physical or metallurgical treatment or processing of any of these counterweights other than repair or restoration of any plating or other covering.

9. Natural or depleted uranium metal used as shielding constituting part of any shipping container, provided that the shipping container is conspicuously and legibly impressed with the legend “CAUTION — RADIOACTIVE SHIELDING — URANIUM”; and the uranium metal is encased in mild steel or equally fire resistant metal of minimum wall thickness of 3.2 millimeter (one-eighth inch).

10. Thorium or uranium contained in or on finished optical lenses and mirrors, provided that a lens or mirror does not contain more than10% by weight of thorium or uranium or for lenses manufactured before August 27, 2013, 30% by weight of thorium and that this exemption is not deemed to authorize either of the following:

a. The shaping, grinding or polishing of the lens or manufacturing processes other than the assembly of the lens into optical systems and devices without any alteration of the lens.

b. The receipt, possession, use or transfer of thorium contained in contact lenses, spectacles, eyepieces in binoculars or other optical instruments.

11. Thorium contained in any finished aircraft engine part containing nickel-thoria alloy, provided that the thorium is dispersed in the alloy in the form of finely divided thoria, and the thorium content in the nickel-thoria alloy does not exceed 4% by weight.

12. Only persons authorized by a license issued under 10 CFR 40.52, may initially transfer for sale or distribution such products containing source material to a person exempt under this subsection.

13. Persons authorized by an agreement state to manufacture, process, or produce materials or products containing source material, and persons who import finished products or parts for sale or distribution, shall be licensed for distribution only under 10 CFR 40.52, and are exempt from s. DHS 157.13 (2) (a) and (b) and subchs. III and X.

(b) The exemptions in par. (a) do not authorize the manufacture of any of the products described.

(2) Exemptions of radioactive material other than source material.

(a) Exempt concentrations. Except as provided in this paragraph, a person is exempt from this subchapter to the extent that the person receives, possesses, uses, transfers, owns or acquires products containing radioactive material introduced in concentrations no greater than those listed in ch. DHS 157 Appendix A. A person may not introduce radioactive material into a product or material knowing or having reason to believe that it will be transferred to persons exempt under this paragraph or equivalent regulations of the NRC, any agreement state or licensing state, except under a specific license issued under 10 CFR 32.11 or s. DHS 157.13 (4) (a).

1. This paragraph does not authorize the import of radioactive material or products containing radioactive material.

2. A manufacturer, processor or producer of a product or material is exempt from the requirements of subch. II if they transfer radioactive material contained in a product or material in concentrations not in excess of those in ch. DHS 157 Appendix A and introduced into the product or material by a licensee holding a specific license issued by the department, the NRC or another agreement state expressly authorizing such introduction. This exemption does not apply to the transfer of radioactive material contained in any food, beverage, cosmetic, drug, or other commodity or product designed for ingestion or inhalation by, or application to, a human being.

(b) Exempt quantities. Except as provided in this paragraph, a person is exempt from this subchapter to the extent that the person receives, possesses, uses, transfers, owns or acquires radioactive material in individual quantities each of which does not exceed the applicable quantity set forth in ch. DHS 157 Appendix B.

1. This paragraph does not authorize the production, packaging or repackaging of radioactive material for purposes of commercial distribution or the incorporation of radioactive material into products intended for commercial distribution.

2. No person may, for purposes of commercial distribution, transfer radioactive material in the individual quantities set forth in ch. DHS 157 Appendix B to any person exempt from this chapter or equivalent regulations of the NRC, an agreement state or a licensing state, except under a specific license issued by the NRC under 10 CFR 32.18, or by the department under s. DHS 157.13 (4) (b) which license states that the radioactive material may be transferred by the licensee to persons exempt under this paragraph or the equivalent regulations of the NRC, an agreement state or a licensing state.

3. A person, who possesses byproduct material received or acquired before September 25, 1971, under the general license then provided in 10 CFR 31.4 or similar general license of a State, is exempt from the requirements of this subchapter to the extent that this person possesses, uses, transfers, or owns byproduct material.

Note: Authority to transfer possession or control by the manufacturer, processor or producer of any equipment, device, commodity, or other product containing byproduct material whose subsequent possession, use, transfer and disposal by all other persons are exempted from regulatory requirements may be obtained only from the NRC, Washington, D.C. 20555.

(c) Certain items containing radioactive material. Except for persons who apply radioactive material to the following products, or incorporate radioactive material into the following products, or initially transfer for sale or distribution the following products, a person is exempt from this subchapter if the person receives, possesses, uses, transfers, owns or acquires any of the following products: