Chapter DHS 157

DHS 157.32(9) (9) Reports of transactions involving nationally tracked sources. A licensee who manufactures, transfers, receives, disassembles or disposes of a nationally tracked source shall submit a report to the Nuclear Regulatory Commission that complies with the requirements of 10 CFR 20.2207.

DHS 157.32 History History: CR 01-108: cr. Register July 2002 No. 559, eff. 8-1-02; CR 09-062: cr. (9) Register April 2010 No. 652, eff. 5-1-10; correction in (1) (a) 1., 2. made under s. 35.17, Stats., Register January 2018 No. 745.

DHS 157.33 DHS 157.33 Radiological criteria for license termination.

DHS 157.33(1) (1) General.

DHS 157.33(1)(a) (a) The criteria in this section apply to the decommissioning of facilities licensed under this chapter, as well as other facilities under the department’s jurisdiction.

DHS 157.33(1)(b) (b) The criteria in this section do not apply to sites that meet any of the following criteria:

DHS 157.33(1)(b)1. 1. Have been decommissioned prior to August 1, 2002.

DHS 157.33(1)(b)2. 2. Have previously submitted and received NRC approval on a license termination plan or decommissioning plan.

DHS 157.33(1)(c) (c) After a site has been decommissioned and the license terminated in accordance with the criteria in this section, the department shall require additional cleanup only if, based on new information, the department determines that the criteria of this section were not met and residual radioactivity remaining at the site could result in a threat to public health and safety.

DHS 157.33(1)(d) (d) When calculating TEDE to the average member of the critical group, the licensee shall determine the peak annual TEDE dose expected within the first 1000 years after decommissioning.

DHS 157.33(2) (2) Radiological criteria for unrestricted use. A site will be considered acceptable for unrestricted use if the residual radioactivity that is distinguishable from background radiation results in a TEDE to an average member of the critical group that does not exceed 0.25 mSv (25 mrem) per year, including exposure from groundwater sources of drinking water, and the residual radioactivity has been reduced to levels that are ALARA. Determination of the levels that are ALARA shall consider any detriments, such as deaths from transportation accidents, expected to potentially result from decontamination and waste disposal.

DHS 157.33(3) (3) Alternate criteria for a decommissioning possession only license.

DHS 157.33(3)(a) (a) A licensee may decommission a facility and maintain a decommissioning possession only license using alternate criteria greater than the dose criterion specified in sub. (2), provided that the licensee does all of the following:

DHS 157.33(3)(a)1. 1. Provides assurance that public health and safety would continue to be protected, and that it is unlikely that the dose from all man-made sources combined, other than medical, would be more than the one mSv/y (100 mrem/y) limit specified under s. DHS 157.23 (1), by submitting an analysis of possible sources of exposure.

DHS 157.33(3)(a)2. 2. Reduces doses to ALARA levels, taking into consideration any detriments such as traffic accidents expected to potentially result from decontamination and waste disposal.

DHS 157.33(3)(a)3. 3. Has submitted a decommissioning plan to the department indicating the licensee’s intent to decommission in accordance with provisions of s. DHS 157.13 (11), and specifying that the licensee proposes to decommission by use of alternate criteria. The licensee shall document in the decommissioning plan how the advice of individuals and institutions in the community who may be affected by the decommissioning has been sought and addressed, as appropriate, following analysis of that advice. In seeking such advice, the licensee shall provide for all the following:

DHS 157.33(3)(a)3.a. a. Participation by representatives of a broad cross section of community interests who may be affected by the decommissioning.

DHS 157.33(3)(a)3.b. b. An opportunity for a comprehensive, collective discussion on the issues by the participants.

DHS 157.33(3)(a)3.c. c. A publicly available summary of the results of all discussions held under subd. 3. b., including a description of the individual viewpoints of the participants on the issues and the extent of agreement and disagreement among the participants on the issues.

DHS 157.33(3)(a)3.d. d. Restrictions on site use, to the extent practical, to minimize exposures at the site.

DHS 157.33(3)(a)4. 4. Has provided sufficient financial assurance in the form of a trust fund to enable an independent third party, including a governmental custodian of a site, to assume and carry out responsibilities for any necessary control and maintenance of the site.

DHS 157.33(3)(b) (b) The department may approve the use of alternate criteria to terminate a license after the department considers any comments provided by the environmental protection agency and any public comments submitted under par. (a).

DHS 157.33(4) (4) Public notification and public participation.

DHS 157.33(4)(a) (a) Upon the receipt of a decommissioning plan from the licensee, or a proposal by the licensee for release of a site under sub. (3) or whenever the department deems such notice to be in the public interest, the department shall do all the following:

DHS 157.33(4)(a)1. 1. Notify and solicit comments from all the following:

DHS 157.33(4)(a)1.a. a. Local and state governments in the vicinity of the site and any Indian nation or other indigenous people that have treaty or statutory rights that could be affected by the decommissioning.

DHS 157.33(4)(a)1.b. b. The US environmental protection agency and the Wisconsin department of natural resources for cases where the licensee proposes to release a site under sub. (3).

DHS 157.33(4)(a)2. 2. Publish a notice in the Wisconsin Administrative Register and in a forum, such as local newspapers, that is readily accessible to individuals in the vicinity of the site, and solicit comments from affected parties.

DHS 157.33 History History: CR 01-108: cr. Register July 2002 No. 559, eff. 8-1-02; CR 06-021: am. (2) and (3) (a) 3. (intro.), r. and recr. (3) (a) (intro.), cr. (3) (a) 3. d. Register October 2006 No. 610, eff. 11-1-06; CR 16-078: cr. (3) (a) 4. Register January 2018 No. 745, eff. 2-1-18.

subch. IV of ch. DHS 157 Subchapter IV — Radiation Safety Requirements for Industrial Radiographic Operations

DHS 157.35 DHS 157.35 Exemptions. Industrial uses of hand-held imaging intensification devices are exempt from the requirements of this subchapter if the dose rate 0.45 meters (18 inches) from the source of radiation to any individual does not exceed .02 mGy (2.0 mR) per hour. Industrial x-ray tubes are exempt from the inventory, leak testing and materials labeling requirements of this subchapter. All other requirements apply.

DHS 157.35 History History: CR 01-108: cr. Register July 2002 No. 559, eff. 8-1-02; CR 22-015: am. Register June 2023 No. 810, eff. 7-1-23.

DHS 157.36 DHS 157.36 Performance requirements for industrial radiography equipment.

DHS 157.36(1) (1) Equipment. Equipment used in industrial radiographic operations shall meet all the following minimum criteria:

DHS 157.36(1)(a) (a) Except as provided in sub. (2), each radiographic exposure device, source assembly or sealed source and all associated equipment shall meet the requirements specified in ANSI N432-1980 “Radiological Safety for the Design and Construction of Apparatus for Gamma Radiography”.

DHS 157.36 Note Note: The publication ANSI N432-1980 ”Radiological Safety for the Design and Construction of Apparatus for Gamma Radiography” published by the ANSI, may be consulted at the Department of Health Services, Radiation Protection Section, 1 West Wilson St, Room 150, Madison WI 53702-0007 or at the Legislative Reference Bureau. This publication may be purchased from the American National Standards Institute, Inc., 25 West 43rd Street, New York, New York 10036; Telephone: [phone].

DHS 157.36(1)(a)1. 1. A licensee shall ensure that each radiographic exposure device has attached to it a durable, legible, clearly visible label bearing all the following information:

DHS 157.36(1)(a)1.a. a. Chemical symbol and mass number of the radionuclide in the device.

DHS 157.36(1)(a)1.b. b. Activity and the date on which activity was last measured.

DHS 157.36(1)(a)1.c. c. Model or product code and serial number of the sealed source.

DHS 157.36(1)(a)1.d. d. Name of the manufacturer of the sealed source.

DHS 157.36(1)(a)1.e. e. Licensee’s name, address and telephone number.

DHS 157.36(1)(a)2. 2. Radiographic exposure devices intended for use as type B packages shall meet the applicable transportation requirements of subch. XIII.

DHS 157.36(1)(a)3. 3. Modification of radiographic exposure devices, source changers and source assemblies and associated equipment is prohibited, unless the design of any replacement component, including source holder, source assembly, controls or guide tubes would not compromise the design safety features of the system.

DHS 157.36(1)(b) (b) The following additional requirements apply to radiographic exposure devices, source assemblies and associated equipment that allow the source to be moved out of the device for radiographic operations or to source changers:

DHS 157.36(1)(b)1. 1. The coupling between the source assembly and the control cable shall be designed so that the source assembly will not become disconnected if cranked outside the guide tube. The coupling shall be constructed so that it cannot be unintentionally disconnected under normal and reasonably foreseeable abnormal conditions.

DHS 157.36(1)(b)2. 2. The device must automatically secure the source assembly when it is cranked back into the fully shielded position within the device. This securing system may only be released by means of a deliberate operation on the exposure device.

DHS 157.36(1)(b)3. 3. The outlet fittings, lock box and drive cable fittings on each radiographic exposure device shall be equipped with safety plugs or covers installed during storage and transportation to protect the source assembly from water, mud, sand or other foreign matter.

DHS 157.36(1)(b)4. 4. Each sealed source or source assembly shall have attached to it or engraved on it a durable, legible, visible label with the words: “DANGER — RADIOACTIVE.”

DHS 157.36(1)(b)5. 5. The label in subd. 4. may not interfere with the safe operation of the exposure device or associated equipment.

DHS 157.36(1)(b)6. 6. The guide tube shall be able to withstand a crushing test that closely approximates the crushing forces that are likely to be encountered during use and be able to withstand a kinking resistance test that closely approximates the kinking forces that are likely to be encountered during use.

DHS 157.36(1)(b)7. 7. Guide tubes shall be used when moving the source out of the device.

DHS 157.36(1)(b)8. 8. An exposure head or similar device designed to prevent the source assembly from passing out of the end of the guide tube shall be attached to the outermost end of the guide tube during industrial radiography operations.

DHS 157.36(1)(b)9. 9. The guide tube exposure head connection shall be able to withstand the tensile test for control units specified in ANSI N432 - 1980.

DHS 157.36(1)(b)10. 10. Source changers shall provide a system for ensuring that the source will not be accidentally withdrawn from the changer when connecting or disconnecting the drive cable to or from a source assembly.

DHS 157.36(1)(c) (c) All radiographic exposure devices and associated equipment in use after January 10, 1996 shall comply with the requirements of this section.

DHS 157.36(2) (2) Exception. Equipment used in industrial radiographic operations need not comply with 6.6.2 of the Endurance Test in ANSI N432 - 1980 “Radiological Safety for the Design and Construction of Apparatus for Gamma Radiography” if the prototype equipment has been tested using a torque value representative of the torque that an individual using the radiography equipment may reasonably exert on the lever or crankshaft of the drive mechanism.

DHS 157.36 Note Note: The publication N432-1980 “Radiological Safety for the Design and Construction of Apparatus for Gamma Radiography”, ANSI, published by the ANSI, may be consulted at the Department of Health Services, Radiation Protection Section, 1 West Wilson St, Room 150, Madison WI 53702-0007 or at the Secretary of State’s Office or the Legislative Reference Bureau.

DHS 157.36 History History: CR 01-108: cr. Register July 2002 No. 559, eff. 8-1-02; CR 06-021: am. (1) (a) (intro.), 1. (intro.), 3., (b) 9. and (2) Register October 2006 No. 610, eff. 11-1-06.

DHS 157.37 DHS 157.37 Radiation safety requirements for storage containers and source changers.

DHS 157.37(1) (1) Maximum exposure rate limits. The maximum exposure rate limits for storage containers and source changers are 2 millisieverts (200 mrem) per hour at any exterior surface and 0.1 millisieverts (10 mrem) per hour at one meter from any exterior surface with the sealed source in the shielded position.

DHS 157.37(2) (2) Locking.

DHS 157.37(2)(a) (a) A radiographic exposure device shall have a lock or outer locked container designed to prevent unauthorized or accidental removal of the sealed source from its shielded position. The exposure device and its container shall be kept locked when not under direct surveillance by a radiographer or a radiographer’s assistant, except at permanent radiographic installations. If a keyed lock, the key shall be removed at all times except to open or close the lock on the device or container. In addition, during radiographic operations the sealed source assembly shall be secured in the shielded position each time the source is returned to that position.

DHS 157.37(2)(b) (b) Each sealed source storage container and source changer shall have a lock or outer locked container designed to prevent unauthorized or accidental removal of the sealed source from its shielded position. Storage containers and source changers shall be kept locked when containing sealed sources except when under the direct surveillance of a radiographer or a radiographer’s assistant. If a keyed lock, the key shall be removed at all times.

DHS 157.37(2)(c) (c) The control panel of all portable radiation machines shall be equipped with a lock that will prevent the unauthorized use of an x-ray system or the accidental production of radiation. The radiation machine shall be kept locked and the key removed at all times except when under the direct visual surveillance of a radiographer or a radiographer’s assistant.

DHS 157.37 History History: CR 01-108: cr. Register July 2002 No. 559, eff. 8-1-02.

DHS 157.38 DHS 157.38 Radiation survey instruments.

DHS 157.38(1) (1) Requirement. A licensee shall keep sufficient calibrated and operable radiation survey instruments at each location where sources of radiation are present to make the radiation surveys required by this subchapter and subch. III. Instrumentation required by this subchapter shall be capable of measuring a range from 0.02 millisieverts (2 mrem) per hour through 0.01 sievert (1 rem) per hour.

DHS 157.38(2) (2) Calibration.

DHS 157.38(2)(a) (a) A licensee shall have each radiation survey instrument calibrated for all the following:

DHS 157.38(2)(a)1. 1. At energies appropriate for use and at intervals not to exceed 6 months or after instrument servicing, except for battery changes.

DHS 157.38(2)(a)2. 2. For linear scale instruments, at 2 points located approximately one-third and two-thirds of full scale on each scale; for logarithmic scale instruments, at mid-range of each decade and at 2 points of at least one decade; and for digital instruments at 3 points between 0.02 and 10 millisieverts (2 and 1000 mrem) per hour.

DHS 157.38(2)(b) (b) Accuracy within plus or minus 20% of the true radiation dose rate shall be demonstrated at each point checked.

DHS 157.38 History History: CR 01-108: cr. Register July 2002 No. 559, eff. 8-1-02.

DHS 157.39 DHS 157.39 Leak testing and replacement of sealed sources.

DHS 157.39(1) (1) Authorization.

DHS 157.39(1)(a) (a) The replacement of any sealed source fastened to or contained in a radiographic exposure device and leak testing of any sealed source shall be performed by persons authorized to do so by the department, the nuclear regulatory commission or another agreement state.

DHS 157.39(1)(b) (b) The opening, repair or modification of any sealed source shall be performed by persons specifically authorized to do so by the department, the nuclear regulatory commission or another agreement state.

DHS 157.39(2) (2) Leak testing and record keeping requirements.

DHS 157.39(2)(a) (a) A licensee who uses a sealed source shall have the source tested for leakage at intervals not to exceed 6 months. The leak testing of the source shall be performed using a method approved by the department, the nuclear regulatory commission or by another agreement state. The wipe sample should be taken from the nearest accessible point to the sealed source where contamination might accumulate. The wipe sample shall be analyzed for radioactive contamination. The analysis shall be capable of detecting the presence of 185 becquerel (0.005 mCi) of radioactive material on the test sample and shall be performed by a person specifically authorized by the department, the US nuclear regulatory commission or another agreement state to perform the analysis.

DHS 157.39(2)(b) (b) A licensee shall maintain records of the leak tests for 3 years.

DHS 157.39(2)(c) (c) Unless a sealed source is accompanied by a certificate from the transferor that shows that it has been leak tested within 6 months before the transfer, it may not be used by the licensee until tested for leakage. Sealed sources that are in storage and not in use do not require leak testing, but shall be tested before use or transfer to another person if the interval of storage exceeds 6 months.

DHS 157.39(2)(d) (d) Any leak test that reveals the presence of 185 becquerel (0.005 mCi) or more of removable radioactive material shall be considered evidence that the sealed source is leaking. The licensee shall immediately withdraw the equipment involved from use and shall have it decontaminated and repaired, or disposed of. A report must be filed with the department within 5 days of any test with results that exceed the threshold in this paragraph, describing the equipment involved, the test results and the corrective action taken.

DHS 157.39(2)(e) (e)

DHS 157.39(2)(e)1. 1. Each exposure device using depleted uranium shielding and an “S” tube configuration shall be tested for DU contamination at intervals not to exceed 12 months. The analysis shall be capable of detecting the presence of 185 becquerel (0.005 mCi) of radioactive material on the test sample and shall be performed by a person specifically authorized by the department, the nuclear regulatory commission or another agreement state to perform the analysis. If the testing reveals the presence of DU contamination, the exposure device shall be removed from use until an evaluation of the wear of the S-tube has been made. If the evaluation reveals that the S-tube is worn through, the device may not be used again.

DHS 157.39(2)(e)2. 2. DU shielded devices need not be tested for DU contamination while not in use and in storage. If the DU shielded device has not been used and in storage for more than 12 months, the device shall be tested for DU contamination before using or transferring the device. A record of the DU leak-test shall be retained for 3 years.

DHS 157.39 History History: CR 01-108: cr. Register July 2002 No. 559, eff. 8-1-02.

DHS 157.40 DHS 157.40 Quarterly inventory.

DHS 157.40(1) (1) Requirement. A licensee shall conduct a quarterly physical inventory to account for all sources of radiation and for devices, including devices containing depleted uranium, received and possessed under the license.