SECTION 12. DHS 157.09 (1) (a) 8. b., c., and d. are renumbered DHS 157.09 (1) (a) 8. a., b., and c.
SECTION 13. DHS 157.09 (1) (a) 10. (intro.) is amended to read:
DHS 157.09 (1) (a) 10. (intro.) Thorium or uranium contained in or on finished optical lenses, provided that a lens does not contain more than 3010% 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:
SECTION 14. DHS 157.09 (1) (a) 11. and 12. are repealed and recreated to read:
DHS 157.09 (1) (a) 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.
DHS 157.09 (1) (a) 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. SECTION 15. DHS 157.09 (1) (a) 13. is created to read:
DHS 157.09 (1) (a) 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 subch. III and X. SECTION 16. DHS 157.09 (2) (c) 7. is amended to read:
DHS 157.09 (2) (c) 7. Electron tubes, including spark gap tubes, power tubes, gas tubes including glow lamps, receiving tubes, microwave tubes, indicator tubes, pick-up tubes, radiation detection tubes and any other completely sealed tube that is designed to conduct or control electrical currents, provided that the radiation dose rate from each electron tube containing radioactive material does not exceed 10 uGy microgy (1 millirad) per hour at one centimeter from any surface when measured through 7 milligrams per square centimeter of absorber and that each tube does not contain more than one of the following specified quantities of radioactive material:
SECTION 17. DHS 157.09 (2) (c) 9., 10., and 11. are created to read:
DHS 157.09 (2) (c) 9. Static elimination devices which contain, as a sealed source or sources, radioactive material consisting of a total of not more than 18.5 MBq (500 microcuries) of polonium-210 per device.
DHS 157.09 (2) (c) 10. Ion generating tubes designed for ionization of air that contain, as a sealed source or sources, radioactive material consisting of a total of not more than 18.5 MBq (500 microcuries) of polonium-210 per device or of a total of not more than 1.85 GBq (50 mCi) of hydrogen-3 (tritium) per device.
DHS 157.09 (2) (c) 11. Devices authorized before October 23, 2012 for use under the general license then provided in DHS 157.11 (2) (a) and equivalent regulations of agreement states, and manufactured, tested, and labeled by the manufacturer in accordance with the specifications contained in a specific license issued by the NRC.
SECTION 18. DHS 157.09 (2) (d) 1. and (e) 1. are amended to read:
DHS 157.09 (2) (d) 1. Except for persons who manufacture, process, produce, or initially transfer for sale or distribution of self-luminous products containing tritium, krypton-85 or promethium-147, and except as provided in subd. 3., any person is exempt from this subchapter to the extent that such person receives, possesses, uses, transfers, owns or acquires tritium, krypton-85 or promethium-147 in self-luminous products manufactured, processed, produced or initially transferred under a specific license issued by the NRC according to 10 CFR 32.22, which authorizes the initial transfer of the product for use under this subdivision. DHS 157.09 (2) (e) 1. Except for persons who manufacture, process, produce or initially transfer for sale or distribution gas and aerosol detectors containing radioactive material, a person is exempt from this subchapter if the person receives, possesses, uses, transfers, owns or acquires radioactive material in gas and aerosol detectors designed to protect life or property from fires and airborne hazards provided that the detectors containing radioactive material have been manufactured, processed, produced or initially transferred for sale or distribution under a specific license issued by the NRC under 10 CFR 32.26, a licensing state, other agreement state or the department under s. DHS 157.13 (4) (c), which authorizes the transfer of the detectors to persons who are exempt from regulatory requirements. This exemption also covers gas and aerosol detectors manufactured or distributed before November 30, 2007 in accordance with a specific license issued by an agreement state under comparable provisions under 10 CFR 32.26 authorizing distribution to persons exempt from regulatory requirements. SECTION 19. DHS 157.09 (2) (g) and DHS 157.09 (3) are created to read:
DHS 157.09 (2) (g) Industrial use devices containing exempt quantities or disturbed under a general license. 1. Except for persons who manufacture, process, produce or initially transfer for sale or distribution of industrial devices designed and manufactured for the purpose of detecting, measuring, gauging or controlling thickness, density, level, interface location, radiation, leakage, or qualitative or quantitative chemical composition, or for producing an ionized atmosphere containing radioactive material, a person is exempt from this subchapter if the person receives, possesses, uses, transfers, owns or acquires radioactive material in these certain detecting, measuring, gauging, or controlling devices and certain devices for producing an ionized atmosphere have been manufactured, processed, produced or initially transferred for sale or distribution under a specific license issued by the NRC under 10 CFR 32.26, a licensing state, other agreement state or the department under s. DHS 157.13 (4) (c), which authorizes the transfer of the detectors to persons who are exempt from regulatory requirements. This exemption does not cover sources not incorporated into a device, such as calibration and reference sources. 2. Industrial devices previously manufactured and distributed to general licensees under the specific license issued by an agreement state shall be considered exempt under this subdivision provided that the device is labeled under the specific license authorizing distribution of the generally licensed device and provided further that they meet the requirements of s. DHS 157.13 (4) (c). DHS 157.09 (3) EXEMPTIONS OF CATEGORY 1 OR CATEGORY 2 QUANTITIES OF RADIOACTIVE WASTE. A licensee that possesses radioactive waste that contains category 1 or category 2 quantities of radioactive material, other than waste that contains discrete sources, ion-exchange resins, or activated material that weighs less than 2,000 kg (4,409 lbs), is exempt from the requirements of ss. DHS 157.100 to 157.122 and shall implement all the following requirements to secure the radioactive waste: (a) Use continuous physical barriers that allow access to the radioactive waste only through established access control points.
(b) Use a locked door or gate with monitored alarm at the access control point.
(c) Assess and respond to each actual or attempted unauthorized access to determine whether an actual or attempted theft, sabotage, or diversion occurred.
(d) Immediately notify the LLEA and request an armed response from the LLEA upon determination that there was an actual or attempted theft, sabotage, or diversion of the radioactive waste that contains category 1 or category 2 quantities of radioactive material.
SECTION 20. DHS 157.10 (3) is repealed and recreated to read:
DHS 157.10 (3) FEE SCHEDULE. The following is the schedule of application, annual, amendment and reciprocity fees for specific radioactive material licenses.
Category | License Type | Application & Annual Fee |
1. | Special Nuclear Material | |
A. | License for possession and use of SNM in sealed sources contained in devices used in measuring systems | $1,000 |
B. | License for use of SNM to be used as calibration and reference sources | $300 |
C. | SNM – all other, except license authorizing special nuclear material in unsealed form that would constitute a critical mass [Fee waived if facility holds additional license category] | $1,500 |
A. | Source material processing and distribution | $4,000 |
B. | Source material in shielding [Fee waived if facility holds additional license category] | $400 |
C. | Source material – all other, excluding depleted uranium used as shielding or counterweights | $3,000 |
A. | License of broad scope for processing or manufacturing of items for commercial distribution | $20,000 |
B. | License for processing or manufacturing and commercial distribution of radiopharmaceuticals, generators, reagent kits and sources or devices | $12,000 |
C. | License for commercial distribution or redistribution of radiopharmaceuticals, generators, reagent kits and sources or devices | $3,000 |
D. | Other licenses for processing or manufacturing of items for commercial distribution | $4,000 |
E. | License for industrial radiography operations performed only in a shielded radiography installation | $3,000 |
F. | License for industrial radiography performed only at the address indicated on the license, and at temporary job sites | $5,000 |
G. | License for possession and use of less than 370 TBq (10,000 curies) of radioactive material in sealed sources for irradiation of materials where the source is not removed from the shield [Fee waived if facility holds additional irradiator license category] | $2,000 |
H. | License for possession and use of less than 370 TBq (10,000 curies) of radioactive material in sealed sources for irradiation of materials where the source is exposed for irradiation purposes. The category also includes underwater irradiators for irradiation of materials in which the source is not exposed for irradiation | $3,000 |
I. | License for possession and use of at least 370 TBq (10,000 curies) and less than 3.7 PBq (100,000 curies)of radioactive material in sealed sources for irradiation of materials | $5,000 |
J. | License for possession and use of 3.7 PBq (100,000 curies) or more of radioactive material in sealed sources for irradiation of materials | $12,000 |
K. | License to distribute items containing radioactive materials to persons under a general license | $2,000 |
L. | License to possess radioactive materials intended for distribution to persons exempt from licensing | $2,500 |
M. | License of broad scope for research and development that does not authorize commercial distribution | $6,000 |
N. | Other licenses for research and development that do not authorize commercial distribution | $1,800 |
O. | License for installation, repair, maintenance leak testing or other service of devices or items containing radioactive material, or to perform services for other persons, including testing of sealed sources for leakage or contamination, instrument calibration, and sample analysis, excluding waste transportation or broker services | $1,800 |
P. | License for portable gauges, including industrial Lixiscope ® | $1,400 |
Q. | License for portable x−ray fluorescence analyzer calibration flood source, dewpointer or gas chromatograph | $200 |
R. | All other byproduct, naturally− occurring or accelerator− produced material licenses, except as otherwise noted | $2,000 |
A. | Commercial waste treatment facilities, including incineration | $200,000 |
B. | All other commercial facilities involving waste compaction, repackaging, storage or transfer | $25,000 |
C. | Waste processing – all other, including decontamination service | $5,000 |
A. | License for well logging using sealed sources or sub−surface tracer studies | $4,000 |
B. | License for well logging using sealed sources and sub−surface tracer studies | $5,000 |
A. | License for commercial collection and laundry of items contaminated with radioactive material | $16,000 |
A. | License for human use of byproduct, source, special nuclear or NARM material in sealed sources contained in teletherapy or stereotactic radiosurgery devices, including mobile therapy | $12,000 |
B. | License of broad scope for human use of byproduct, source, special nuclear or NARM materials used in medical diagnosis, treatment, research and development, excluding teletherapy, or stereotactic radiosurgery devices | $20,000 |
C. | License for mobile nuclear medicine | $2,500 |
D. | Medical – all others, including SNM pacemakers and high dose rate remote afterloading devices | $5,000 |
E. | License for veterinary use of radioactive materials | $2,000 |
A. | License for possession and use of byproduct, naturally−occurring or accelerator produced radioactive material for educational use or academic research and development that does not authorize commercial distribution, excluding broad scope or human use licenses, with a combined possession limit of 12 isotopes and 37 GBq (1 curie) total activity | $1,000 |
A. | License for accelerator production of radioisotopes with commercial distribution | $4,000 |
B. | Accelerator isotope production – all other [Fee waived if facility holds medical broad scope license with no commercial distribution] | $2,000 |
A. | Reciprocal recognition of an out−of−state specific license | 50% of annual fee of applicable category |
A. | Request to amend specific license − no license review | $0 |
Note: Examples include spelling corrections and adding or removing previously authorized users. |
B. | Request to amend specific license − license review required | $200 |
Note: Examples include new isotopes, license termination not requiring a site visit and procedural changes. |
C. | Request to amend specific license − license review and site visit required | $400 |
Note: Examples include a facility move, license termination requiring a site visit and new processes. |
SECTION 21. DHS 157.11 (1) (a) is repealed and recreated to read:
DHS 157.11 (1) (a) General license for certain organizations to use and transfer limited amounts of source material. A general license is issued authorizing commercial and industrial firms, research, educational and medical institutions and state and local government agencies to receive, possess, use, and transfer uranium and thorium, in their natural isotopic concentrations and in the form of depleted uranium, for research, development, educational, commercial, or operational purposes.
DHS 157.11 (1) (a) 1. The general license issued under this paragraph shall be limited to the following forms and quantities:
a. No more than 1.5 kg (3.3 lb) of uranium and thorium in dispersible forms (e.g., gaseous, liquid, powder, etc.) at any one time. Any material processed by the general licensee that alters the chemical or physical form of the material containing source material shall be accounted for as a dispersible form. A person authorized to possess, use, and transfer source material under this paragraph may not receive more than a total of 7 kg (15.4 lb) of uranium and thorium in any one calendar year.
b. No more than a total of 7 kg (15.4 lb) of uranium and thorium at any one time. A person authorized to possess, use, and transfer source material under this paragraph may not receive more than a total of 70 kg (154 lb) of uranium and thorium in any one calendar year. A person may not alter the chemical or physical form of the source material possessed under this subsection unless it is accounted for under the limits of subd. 1. a.
c. No more than 7 kg (15.4 lb) of uranium, removed during the treatment of drinking water, at any one time. A person may not remove more than 70 kg (154 lb) of uranium from drinking water during a calendar year under this paragraph.
d. No more than 7 kg (15.4 lb) of uranium and thorium at laboratories for the purpose of determining the concentration of uranium and thorium contained within the material being analyzed at any one time. A person authorized to possess, use, and transfer source material under this paragraph may not receive more than a total of 70 kg (154 lb) of source material in any one calendar year.
2. A person who receives, possesses, uses or transfers source material under the general license issued under this paragraph shall comply with all the following:
a. Not administer source material under the general license issued under this paragraph, or radiation from the source material, either externally or internally, to human beings except as authorized by the department in a specific license.
b. Not export source material under the general license issued under this paragraph except as allowed under 10 CFR Part 110. c. Not abandon source material under the general license issued under this paragraph.
3. Source material may be disposed of by any of the following methods:
a. A cumulative total of 0.5 kg (1.1 lb) of source material in a solid, non-dispersible form may be transferred each calendar year, by a person authorized to receive, possess, use, and transfer source material under this general license to persons receiving the material for permanent disposal. A person is exempt from the requirement to obtain a license under this subchapter if source material is transferred to the person for permanent disposal a rly at state, or to the NRC. eral licensee, requirements: cipients in other states, shall be submitted to each responsible under the provisions of this paragraph, and the person is not authorized to possess source material under a specific license issued under this chapter.
