(6) Financial assurance options.
A licensee may use any of the following methods to provide financial assurance for decommissioning:
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.
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:
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.
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.
The surety method or insurance shall remain in effect until the department terminates the license.
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)
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.
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:
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.
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.
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:
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)
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.
A licensee shall keep the records in par. (a)
until the site is decommissioned and approved by the department for unrestricted use.
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 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
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.
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.
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 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
See s. DHS 157.31 (2)
for record keeping requirements relating to programs in this subchapter.
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.
A licensee or registrant shall, at intervals not to exceed 12 months, review the radiation protection program content and implementation.
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.
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:
An annual limit, which is the more limiting of either of the following:
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).
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:
A shallow dose equivalent of 0.5 Sv (50 rem) to the skin of the whole body or to the skin of any extremity.
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.
The assigned deep dose equivalent and shallow dose equivalent shall be for the portion of the body receiving the highest exposure, as follows:
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.
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:
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.
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.
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
= badge reading from the waist badge under the apron and HN
= badge reading from the neck badge worn outside the apron.
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
See s. DHS 157.31 (7)
for instructions about recording the exposure levels.
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
See footnote c/ of ch. DHS 157 Appendix E
for the calculation method for determining DAC for soluble mixtures of uranium.
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.
(2) Compliance with requirements for summation of external and internal doses. DHS 157.22(2)(a)
If a licensee or registrant is required to monitor under both s. DHS 157.25 (2) (a)
, 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)
, 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)
. 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.
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:
The sum of the fractions of the inhalation ALI for each radionuclide.
The total number of derived air concentration-hours for all radionuclides divided by 2,000.
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, H
, per unit intake is greater than 10% of the maximum weighted value of HT,50
, that is, wT
, per unit intake for any organ or tissue.
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.
A licensee or registrant shall evaluate and, to the extent practical, account for intakes through wounds or skin absorption. The intake through intact skin has been included in the calculation of DAC for hydrogen-3 and does not need to be evaluated or taken into account.
(3) Determination of external doses from airborne radioactive material. DHS 157.22(3)(a)
A licensee or registrant shall, when determining the dose from airborne radioactive material, include the contribution to the deep dose equivalent, eye dose equivalent, and shallow dose equivalent from external exposure to the radioactive cloud.
DHS 157.22 Note
Note: See Appendix E, footnotes a/ and b/ for methods used for calculating dose from exposure to a radioactive cloud for materials that have a half-life of less than 2 hours.
Airborne radioactivity measurements and DAC values may not be used as the primary means to assess the deep dose equivalent when the airborne radioactive material includes radionuclides other than noble gases or if the cloud of airborne radioactive material is not relatively uniform in its distribution of radioactive material in the cloud. The determination of the deep dose equivalent to an individual shall be based upon measurements using instruments or individual monitoring devices.
For purposes of assessing dose used to determine compliance with occupational dose equivalent limits, a licensee or registrant shall, when required under s. DHS 157.25 (2)
, take suitable and timely measurements of all of the following:
Unless respiratory protective equipment is used, as provided in s. DHS 157.27 (3)
, or the assessment of intake is based on bioassays, a licensee or registrant shall assume that an individual inhales radioactive material at the airborne concentration in which the individual is present.
When the physical and biochemical properties of the radionuclides taken into the body or the behavior of the material in an individual is known, a licensee or registrant may do any of the following:
Use that information to calculate the committed effective dose equivalent, and, if used, the licensee or registrant shall document that information in the individual's record.
Upon prior approval of the department, adjust the DAC or ALI values to reflect the actual physical and chemical characteristics of airborne radioactive material, for example, aerosol size distribution or density.
Separately assess the contribution of fractional intakes of Class D, W or Y compounds of a given radionuclide to the committed effective dose equivalent.
DHS 157.22 Note
Note: See Appendix E for a description of the pulmonary clearance times of the compounds involved in the exposure.
If a licensee or registrant chooses to assess intakes of Class Y material using the measurements given in par. (a) 2.
, a licensee or registrant may delay the recording and reporting of the assessments for periods up to 7 months, unless otherwise required by s. DHS 157.32 (2)