Chapter DHS 157

DHS 157.15(4)(a)3. 3. One hundred thirteen thousand dollars if the quantity of material is greater than 1010 but less than or equal to 1012 times the applicable quantities of ch. DHS 157 Appendix I in sealed sources or plated foils. For a combination of isotopes, R divided by 1010 is greater than one but R divided by 1012 is less than or equal to one.

DHS 157.15(4)(b) (b) The department may eliminate, reduce or raise the required amount of financial assurance under par. (a) for an individual applicant or licensee based on the cost estimate for decommissioning included in the decommissioning funding plan required under sub. (5) (a).

DHS 157.15(5) (5) Decommissioning funding plan.

DHS 157.15(5)(a) (a) A decommissioning funding plan shall be submitted to the department for review and approval and shall include all the following information:

DHS 157.15(5)(a)1. 1. A detailed cost estimate for decommissioning in an amount reflecting all of the following:

DHS 157.15(5)(a)1.a. a. Probable extent of contamination through the use or possession of radioactive material at the facility or site and the projected cost of removal of the contamination to a level specified by the department. The evaluation shall encompass probable contaminating events associated with the licensee’s or applicant’s operation and shall be based on factors such as quantity, half-life, radiation hazard, toxicity and chemical and physical forms.

DHS 157.15(5)(a)1.b. b. The extent of possible offsite property damage caused by operation of the facility or site.

DHS 157.15(5)(a)1.c. c. The cost of removal and disposal of radiation sources that are or would be generated, stored, processed or otherwise present at the licensed facility or site.

DHS 157.15(5)(a)1.d. d. The costs involved in reclaiming the property on which the facility or site is located and all other properties contaminated by radioactive material authorized under the license.

DHS 157.15(5)(a)1.e. e. The volume of onsite subsurface material containing residual radioactivity that will require remediation to meet the criteria for license termination.

DHS 157.15(5)(a)1.f. f. The cost of an independent contractor to perform all decommissioning activities including an adequate contingency factor.

DHS 157.15(5)(a)2. 2. Identification of and justification for using the key assumptions contained in the decommissioning cost estimate.

DHS 157.15(5)(a)3. 3. A description of the method for assuring funds for decommissioning according to sub. (6), including means for adjusting cost estimates and associated funding levels periodically over the life of the facility.

DHS 157.15(5)(b) (b) The decommissioning funding plan shall also contain the licensee’s certification that financial assurance has been provided in the amount of the cost estimate for decommissioning and that a signed original of the financial instrument obtained to satisfy the requirements of sub. (6) has been submitted and accepted, unless a previously submitted and accepted financial instrument continues to cover the cost estimate for decommissioning.

DHS 157.15(5)(c) (c) At intervals not to exceed 3 years, the licensee shall resubmit the decommissioning funding plan to the department with adjustments as necessary to account for changes in costs and extent of contamination. The amount of financial assurance shall not be decreased until the updated decommissioning funding plan is approved. The licensee shall update the information submitted with the original or previously approved decommissioning funding plan, and shall specifically consider the effect of all the following events on decommissioning costs:

DHS 157.15(5)(c)1. 1. Spills of radioactive material producing additional residual radioactivity in onsite subsurface material.

DHS 157.15(5)(c)2. 2. Waste inventory increasing above the amount estimated.

DHS 157.15(5)(c)3. 3. Waste disposal costs increasing above the amount previously estimated.

DHS 157.15(5)(c)4. 4. Facility modifications.

DHS 157.15(5)(c)5. 5. Changes in authorized possession limits.

DHS 157.15(5)(c)6. 6. Actual remediation costs that exceed the previous cost estimate.

DHS 157.15(5)(c)7. 7. Onsite disposal.

DHS 157.15(5)(c)8. 8. Use of a settling pond.

DHS 157.15(6) (6) Financial assurance options. A licensee may use any of the following methods to provide financial assurance for decommissioning:

DHS 157.15(6)(a) (a) Prepayment. Prepayment is the deposit prior to operation into an account segregated from licensee assets and outside the licensee’s administrative control of cash or liquid assets in an amount sufficient to pay decommissioning costs. Prepayment may be in the form of a trust, escrow account, government fund, certificate of deposit or deposit of government securities.

DHS 157.15(6)(b) (b) Surety method, insurance or other guarantee. Payment of future decommissioning costs shall be guaranteed by a surety method, insurance or other guarantee. A surety method may be in the form of a surety bond, letter of credit or line of credit. Self insurance, or any method which essentially constitutes self-insurance, may not be used as a method of providing financial assurance. Any surety method or insurance used to provide financial assurance for decommissioning must meet all of the following criteria:

DHS 157.15(6)(b)1. 1. The surety method or insurance shall be open-ended or, if written for a specified term, renewed automatically unless 90 days or more prior to the renewal date, the issuer notifies the department, the beneficiary and the licensee of its intention not to renew. The surety method or insurance shall also provide that the full face amount be paid to the beneficiary automatically prior to the expiration without proof of forfeiture if the licensee fails to provide a replacement acceptable to the department within 30 days after receipt of notification of cancellation.

DHS 157.15(6)(b)2. 2. The surety method or insurance shall be payable to a trust established for decommissioning costs. The department shall approve the trustee and the trust.

DHS 157.15 Note Note: An acceptable trustee includes the State of Wisconsin or an entity having the authority to act as a trustee and whose trust operations are regulated and examined by a state or federal government agency.

DHS 157.15(6)(b)3. 3. The surety method or insurance shall remain in effect until the department terminates the license.

DHS 157.15(6)(c) (c) External sinking fund. An external sinking fund may be used in which deposits are made at least annually, coupled with a surety method or insurance, the value of which may decrease by the amount being accumulated in the sinking fund. An external sinking fund may be in the form of a trust, escrow account, government fund, certificate of deposit or deposit of government securities. The surety or insurance provisions shall meet the requirements of par. (b).

DHS 157.15(6)(d) (d) Statement of intent. A state or local government licensee exempt under sub. (2) shall submit a written statement of intent containing a cost estimate for decommissioning or an amount based on sub. (4). The cost estimate shall indicate that funds for decommissioning will be obtained when necessary.

DHS 157.15(7) (7) Records.

DHS 157.15(7)(a) (a) A licensee shall keep the following records of information related to decommissioning of a facility in an identified location until the site is released for unrestricted use:

DHS 157.15(7)(a)1. 1. Records of spills or other unusual occurrences involving the spread of radioactive contamination in and around the facility, equipment or site. The records may be limited to instances where contamination remains after any cleanup procedures or when there is reasonable likelihood that radioactive contaminants may have spread to inaccessible areas or into porous materials such as concrete. The records shall include any known information on identification of involved nuclides, quantities, forms and concentrations.

DHS 157.15(7)(a)2. 2. As-built drawings and modifications of structures and equipment in restricted areas where radioactive materials are used or stored, and of locations of possible inaccessible contamination such as buried pipes that may contain radioactive contaminants. If required drawings are referenced, each relevant document does not need to be indexed individually. If drawings are not available, a licensee shall substitute appropriate records of available information concerning the areas and locations of inaccessible contamination.

DHS 157.15 Note Note: As-built architectural and engineering drawings need to reflect the final details of the structures and equipment as they were constructed.

DHS 157.15(7)(a)3. 3. Except for areas containing only sealed sources that have not leaked or where no contamination remains after a leak, or radioactive materials with half-lives of less than 65 days, a list containing all the following:

DHS 157.15(7)(a)3.a. a. All areas currently and formerly designated as restricted areas.

DHS 157.15(7)(a)3.b. b. All areas outside of restricted areas that require documentation under subd. 1.

DHS 157.15(7)(a)3.c. c. All areas outside of restricted areas where current and previous wastes have been buried as documented under s. DHS 157.31 (9).

DHS 157.15(7)(a)3.d. d. All areas outside of restricted areas that contain radioactive material such that, if the license expired, the licensee would be required to either decontaminate the area to meet the criteria for decommissioning in s. DHS 157.13 (11) (d) or apply for approval for disposal under s. DHS 157.30 (2).

DHS 157.15(7)(a)4. 4. Records of the cost estimate performed for the decommissioning funding plan or the amount certified for decommissioning and records of the funding method used for assuring funds.

DHS 157.15(7)(b) (b) A licensee shall keep the records in par. (a) until the site is decommissioned and approved by the department for unrestricted use.

DHS 157.15(7)(c) (c) Prior to a licensed activity being transferred to another licensee under s. DHS 157.13 (10) (b), the original licensee shall transfer all records under par. (a) to the new licensee. The new licensee shall be responsible for maintaining the records until their license is terminated by the department.

DHS 157.15(7)(d) (d) The list under par. (a) 3. shall be updated every 2 years.

DHS 157.15 History History: CR 01-108: cr. Register July 2002 No. 559, eff. — see Note at the start of the chapter; CR 06-021: am. (1) (a) (intro.), (b) 2., (3) (b) 1., (4) (a) 1. to 3., (5) (a) 3. and (7) (a) 3. (intro.), cr. (1) (a) 3. and 4., Register October 2006 No. 610, eff. 11-1-06; CR 16-078: am. (1) (a) 2., 4., (5) (a) (intro.), 1. (intro.), cr. (5) (a) 1. e., f., r. and recr. (5) (a) 2., am. (5) (a) 3., (b), cr. (5) (c) Register January 2018 No. 745, eff. 2-1-18; correction in (1) (a) 1. to 4., (4) (a) 1. to 3. made under s. 35.17, Stats., Register January 2018 No. 745; CR 22-015: am. (3) (d) Register June 2023 No. 810, eff. 7-1-23.

subch. III of ch. DHS 157 Subchapter III — Standards for Protection from Radiation

DHS 157.20 DHS 157.20 Implementation.

DHS 157.20(1) (1) Any existing license or registration condition more restrictive than this subchapter remains in force until there is an amendment or renewal of the license or registration.

DHS 157.20(2) (2) If a condition attached to a license or registration exempts a licensee or registrant from a provision of this subchapter in effect on or before August 1, 2002, the condition also exempts the licensee or registrant from the corresponding provision of this subchapter.

DHS 157.20(3) (3) If a condition attached to a license or registration cites provisions of this subchapter in effect prior to August 1, 2002, that do not correspond to any provisions of this subchapter, the license or registration condition remains in force until there is an amendment or renewal of the license or registration that modifies or removes the condition.

DHS 157.20 History History: CR 01-108: cr. Register July 2002 No. 559, eff. 8-1-02.

DHS 157.21 DHS 157.21 Radiation protection programs.

DHS 157.21(1) (1) A licensee or registrant shall develop, document and implement a radiation protection program sufficient to ensure compliance with the provisions of this subchapter. A licensee or registrant shall designate a person in control over each radiation installation.

DHS 157.21 Note Note: See s. DHS 157.31 (2) for record keeping requirements relating to programs in this subchapter.

DHS 157.21(2) (2) A licensee or registrant shall use, to the extent practical, procedures and engineering controls based upon sound radiation protection principles to achieve occupational doses and doses to members of the public that are as low as is reasonably achievable.

DHS 157.21(3) (3) A licensee or registrant shall, at intervals not to exceed 13 months, review the radiation protection program content and implementation.

DHS 157.21(4) (4) To implement the ALARA requirements of sub. (2), and notwithstanding the requirements in s. DHS 157.23 (1), a licensee shall establish a constraint on air emissions of radioactive material to the environment, excluding Radon-222 and its progeny, so that an individual member of the public likely to receive the highest dose does not receive a total effective dose equivalent in excess of 0.1 mSv (10 mrem) per year from the air emissions. A licensee to whom this requirement applies shall report as provided in s. DHS 157.32 (3) any time the licensee exceeds the dose limit of 0.1 mSv (10 mrem) per year and shall promptly take appropriate corrective action to safeguard against recurrence.

DHS 157.21 History History: CR 01-108: cr. Register July 2002 No. 559, eff. 8-1-02; CR 16-078: am. (1) Register January 2018 No. 745, eff. 2-1-18; CR 22-015: am. (3) Register June 2023 No. 810, eff. 7-1-23.

DHS 157.22 DHS 157.22 Occupational dose limits.

DHS 157.22(1) (1) Occupational dose limits for adults.

DHS 157.22(1)(a) (a) A licensee or registrant shall control the occupational dose to individual adults, except for planned special exposures under sub. (6), to the following dose limits:

DHS 157.22(1)(a)1. 1. An annual limit, which is the more limiting of either of the following:

DHS 157.22(1)(a)1.a. a. The total effective dose equivalent being equal to 0.05 Sv (5 rem).

DHS 157.22(1)(a)1.b. b. The sum of the deep dose equivalent and the committed dose equivalent to any individual organ or tissue other than the lens of the eye being equal to 0.5 Sv (50 rem).

DHS 157.22(1)(a)2. 2. The annual limits to the lens of the eye, to the skin of the whole body and to the skin of the extremities which are:

DHS 157.22(1)(a)2.a. a. A lens dose equivalent of 0.15 Sv (15 rem).

DHS 157.22(1)(a)2.b. b. A shallow dose equivalent of 0.5 Sv (50 rem) to the skin of the whole body or to the skin of any extremity.

DHS 157.22(1)(b) (b) Doses received in excess of the annual limits, including doses received during accidents, emergencies and planned special exposures, shall be subtracted from the limits for planned special exposures that the individual may receive during the current year and during the individual’s lifetime.

DHS 157.22(1)(c) (c) The assigned deep dose equivalent and shallow dose equivalent shall be for the portion of the body receiving the highest exposure, as follows:

DHS 157.22(1)(c)1. 1. When the external exposure is determined by measurement with an external personal monitoring device, the deep-dose equivalent shall be used in place of the effective dose equivalent, unless the effective dose equivalent is determined by a method approved by the department. The assigned deep-dose equivalent shall be for the part of the body receiving the highest exposure. The assigned shallow-dose equivalent shall be the dose averaged over the contiguous 10 square centimeters of skin receiving the highest exposure. The deep-dose equivalent, lens-dose equivalent and shallow-dose equivalent may be assessed from surveys or other radiation measurements for the purpose of demonstrating compliance with the occupational dose limits, if the individual monitoring device was not in the region of highest potential exposure, or the results of individual monitoring are unavailable.

DHS 157.22(1)(c)2. 2. When a protective apron is worn while working with medical fluoroscopic equipment and monitoring is conducted as specified in s. DHS 157.25 (2) (a) 5., the effective dose equivalent for external radiation shall be determined as follows:

DHS 157.22(1)(c)2.a. a. When only one individual monitoring device is used and it is located at the neck outside the protective apron, and the exposure is less than 25% of any limit specified in par. (a), the reported deep dose equivalent shall be the effective dose equivalent for external radiation.

DHS 157.22(1)(c)2.b. b. When only one individual monitoring device is used and it is located at the neck outside the apron and the exposure is greater than 25% of the any limit specified in par. (a), the effective dose equivalent shall be the deep dose equivalent multiplied by 0.3.

DHS 157.22(1)(c)2.c. c. If a protective apron is worn, the individual monitoring device shall be located at the neck, which is, collar. If a second monitoring device is used, for the same purpose, it shall be located under the protective apron at the waist. The estimated effective dose equivalent (HE) when wearing 2 monitoring devices, one located outside and one under a protective apron, shall be calculated using the following formula: HE (estimate) = 1.5 HW + 0.04 HN where HW = badge reading from the waist badge under the apron and HN = badge reading from the neck badge worn outside the apron.

DHS 157.22(1)(d) (d) Derived air concentration and annual limit on intake values are specified in Table I of ch. DHS 157 Appendix E and may be used to determine the individual’s dose and to demonstrate compliance with the occupational dose limits.

DHS 157.22 Note Note: See s. DHS 157.31 (7) for instructions about recording the exposure levels.

DHS 157.22(1)(e) (e) In addition to the annual dose limits, a licensee or registrant shall limit the soluble uranium intake by an individual to 10 milligrams in a week in consideration of chemical toxicity.

DHS 157.22 Note Note: See footnote c/ of ch. DHS 157 Appendix E for the calculation method for determining DAC for soluble mixtures of uranium.

DHS 157.22(1)(f) (f) A licensee or registrant shall reduce the dose that an individual may be allowed to receive in the current year by the amount of occupational dose received while employed by any other person during the current year.

DHS 157.22 Note Note: See sub. (5) for instruction on determining occupational dose.

DHS 157.22(2) (2) Compliance with requirements for summation of external and internal doses.

DHS 157.22(2)(a) (a) If a licensee or registrant is required to monitor under both s. DHS 157.25 (2) (a) and (b), a licensee or registrant shall demonstrate compliance with the dose limits by summing external and internal doses. If a licensee or registrant is required to monitor only under s. DHS 157.25 (2) (a) or (b), then summation is not required to demonstrate compliance with the dose limits. A licensee or registrant may demonstrate compliance with the requirements for summation of external and internal doses by meeting one of the conditions in par. (b) and the conditions of pars. (c) and (d). The dose equivalents for the lens of the eye, the skin and the extremities are not included in the summation, but are subject to separate limits.

DHS 157.22(2)(b) (b) If the only intake of radionuclides is by inhalation, the total effective dose equivalent limit is not exceeded if the sum of the deep dose equivalent divided by the total effective dose equivalent limit, and any one of the following, does not exceed unity:

DHS 157.22(2)(b)1. 1. The sum of the fractions of the inhalation ALI for each radionuclide.

DHS 157.22(2)(b)2. 2. The total number of derived air concentration-hours for all radionuclides divided by 2,000.

DHS 157.22(2)(b)3. 3. The sum of the calculated committed effective dose equivalents to all significantly irradiated organs or tissues calculated from bioassay data using appropriate biological models and expressed as a fraction of the annual limit. For purposes of this subdivision, an organ or tissue is deemed to be significantly irradiated if, for that organ or tissue, the product of the weighting factors, wT, and the committed dose equivalent, HT,50, per unit intake is greater than 10% of the maximum weighted value of HT,50, that is, wTHT,50, per unit intake for any organ or tissue.

DHS 157.22(2)(c) (c) If the occupationally exposed individual also receives an intake of radionuclides by oral ingestion greater than 10% of the applicable oral ALI, a licensee or registrant shall account for this intake and include it in demonstrating compliance with the limits.