DHS 157.32 NoteNote: The Department may be contacted during normal work hours of 7:45 am to 4:30 pm, Monday through Friday, except state holidays, at 608-267-4797; or other times at 608-258-0099 and facsimile 608-267-3695.
DHS 157.32(3)(3) Reports of exposures, radiation levels and concentrations of radioactive material exceeding the limits. DHS 157.32(3)(a)(a) In addition to the notification required by sub. (2), a licensee or registrant shall submit a written report to the department within 30 days after learning of any of the following occurrences: DHS 157.32(3)(a)3.3. Levels of radiation or concentrations of radioactive material in any of the following: DHS 157.32(3)(a)3.a.a. A restricted area in excess of applicable limits in the license or registration. DHS 157.32(3)(a)3.b.b. An unrestricted area in excess of 10 times the applicable limit set forth in this subchapter or in the license or registration, whether or not involving exposure of any individual in excess of the limits specified in s. DHS 157.23 (1). DHS 157.32(3)(a)4.4. For a licensee subject to the provisions of the U.S. environmental protection agency’s generally applicable environmental radiation standards in 40 CFR 190, levels of radiation or releases of radioactive material in excess of those standards or of license conditions related to those standards. DHS 157.32(3)(b)(b) Each report required by par. (a) shall describe the extent of exposure of individuals to radiation and radioactive material, including all the following, as appropriate: DHS 157.32(3)(b)1.1. Description of the event, including the probable cause of the elevated exposures, dose rates or concentrations and the manufacturer and model number of any equipment that failed or malfunctioned. DHS 157.32(3)(b)3.3. The levels of radiation and concentrations of radioactive material involved. DHS 157.32(3)(b)5.5. Corrective steps taken or planned to ensure against a recurrence, including the schedule for achieving conformance with applicable limits, generally applicable environmental standards and associated license or registration conditions. DHS 157.32(3)(b)6.6. For each individual exposed: the name, unique identification number and date of birth. With respect to the limit for the embryo or fetus in s. DHS 157.22 (8), the identifiers should be those of the declared pregnant woman. The report shall be prepared so that this information is stated in a separate and detachable portion of the report. DHS 157.32(4)(4) Reports of planned special exposures. A licensee or registrant shall submit a written report to the department within 30 days following any planned special exposure conducted under s. DHS 157.22 (6), informing the department that a planned special exposure was conducted and indicating the date the planned special exposure occurred and the information required by s. DHS 157.31 (6). DHS 157.32(5)(a)(a) This subsection applies to any person licensed or registered by the department to do any of the following: DHS 157.32(5)(a)1.1. Possess or use sources of radiation for purposes of industrial radiography under subchs. II and IV of this chapter. DHS 157.32(5)(a)3.3. Possess or use at any time, for processing or manufacturing for distribution under subchs. II or VI of this chapter, radioactive material in quantities exceeding any one of the following: DHS 157.32 NoteNote: The Department may require as a license condition, or by rule or order, reports from licensees or registrants who are licensed or registered to use radionuclides not on this list in quantities sufficient to cause comparable radiation levels.
DHS 157.32(5)(b)(b) A licensee or registrant in a category listed in par. (a) shall submit an annual report of the results of individual monitoring carried out by the licensee or registrant for each individual for whom monitoring was required by s. DHS 157.25 (2) during that year. A licensee or registrant may include additional data for individuals for whom monitoring was provided but not required. A licensee or registrant shall use the department’s record of individual monitoring results form or equivalent or electronic media containing all the information required by the department’s record of individual monitoring results form. DHS 157.32 NoteNote: The form may be obtained by writing the Department at: Department of Health Services, Radiation Protection Section, P.O. Box 2659, Madison WI 53701-2659; or by downloading from the Department website at: http://dhs.wisconsin.gov/radiation/Index.htm. DHS 157.32(5)(c)(c) A licensee or registrant shall file the report required by par. (b), covering the preceding year, on or before April 30 of each year. A licensee or registrant shall submit the report to the department. DHS 157.32 NoteNote: The report may be mailed to the department at: Department of Health Services, Radiation Protection Section, PO Box 2659, Madison WI 53701-2659.
DHS 157.32(6)(6) Notifications and reports to individuals. When a licensee or registrant is required under sub. (3), (4) or (5) to report to the department any exposure of an occupationally exposed individual or member of the public to radiation or radioactive material, a licensee or registrant shall also notify the individual who was exposed. The licensee or registrant shall transmit the notice to the individual no later than the transmittal to the department and the licensee or registrant shall comply with the provisions of s. DHS 157.88 (3) (a). DHS 157.32 NoteNote: Requirements for notification and reports to individuals of exposure to radiation or radioactive material are specified in s. DHS 157.88 (3). DHS 157.32(7)(7) Reports of leaking or contaminated sealed sources. A licensee or registrant shall file a written report within 5 working days with the department if the test for leakage or contamination required under s. DHS 157.24 indicates a sealed source is leaking or contaminated. The report shall describe the equipment involved, the test results and the corrective action taken. DHS 157.32(8)(8) Vacating premises. A specific licensee or registrant shall, at least 30 days before vacating or relinquishing possession or control of premises which may have been contaminated with radioactive material as a result of the licensee’s or registrant’s activities, notify the department in writing of the licensee’s or registrant’s intent to vacate. When deemed necessary by the department, the licensee or registrant shall decontaminate the premises in such a manner as the department may specify. 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 HistoryHistory: 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 157.33DHS 157.33 Radiological criteria for license termination. 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)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)(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.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 HistoryHistory: 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. DHS 157.35DHS 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 157.36DHS 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 NoteNote: 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: (212) 642–4900.
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)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.
