Chapter DHS 157

DHS 157.93(7)(b) (b) The general license applies only to a licensee who has a quality assurance program approved by the NRC as satisfying the provision of subpart H of 10 CFR 71.

DHS 157.93(7)(c) (c) The general license applies only when a package’s contents meet all the following criteria:

DHS 157.93(7)(c)1. 1. Contains no more than a Type A quantity of radioactive material.

DHS 157.93(7)(c)2. 2. Contain less than 500 total grams of beryllium, graphite, or hydrogenous material enriched in deuterium.

DHS 157.93(7)(d) (d) The general license applies only to a package containing fissile material that is labeled with a CSI and meets all the following criteria:

DHS 157.93(7)(d)1. 1. Has been determined in accordance with par. (e).

DHS 157.93(7)(d)2. 2. Has a value less than or equal to 10.0.

DHS 157.93(7)(d)3. 3. For a shipment of multiple packages containing fissile material, the sum of the CSIs shall be less than or equal to 50 for shipment on a nonexclusive use conveyance and less than or equal to 100 for shipment on an exclusive use conveyance.

DHS 157.93(7)(e) (e) The value for the CSI shall be greater than or equal to the number calculated by the following equation:

DHS 157.93(7)(e)1. 1. The calculated CSI shall be rounded up to the first decimal place.

DHS 157.93(7)(e)2. 2. The values of X, Y, and Z used in the CSI equation shall be taken from Table DHS 157.93A or Table DHS 157.93B, as appropriate.

DHS 157.93(7)(e)3. 3. If Table DHS 157.93B is used to obtain the value of X, then the values for the terms in the equation for uranium-233 and plutonium shall be assumed to be zero.

DHS 157.93(7)(e)4. 4. Table DHS 157.93A values for X, Y, and Z shall be used to determine the CSI under any of the following conditions:

DHS 157.93(7)(e)4.a. a. Uranium-233 is present in the package.

DHS 157.93(7)(e)4.b. b. The mass of plutonium exceeds one percent of the mass of uranium-235.

DHS 157.93(7)(e)4.c. c. The uranium is of unknown uranium-235 enrichment or greater than 24 weight percent enrichment.

DHS 157.93(7)(e)4.d. d. Substances having a moderating effectiveness (i.e., an average hydrogen density greater than H2O) (e.g., certain hydrocarbon oils or plastics) are present in any form, except as polyethylene used for packing or wrapping.

a When mixtures of moderating substances are present, the lower mass limits shall be used if more than 15% of the moderating substance has an average hydrogen density greater than H2O

DHS 157.93(8) (8) Plutonium-beryllium special form material.

DHS 157.93(8)(a) (a) A general license is issued to any licensee to transport fissile material in the form of plutonium-beryllium (Pu-Be) special form sealed sources, or to deliver Pu-Be sealed sources to a carrier for transport, if the material is shipped under this subsection. This material need not be contained in a package which meets the standards of subparts E and F of 10 CFR 71; however, the material must be contained in a Type A package. The Type A package must also meet the U.S. department of transportation requirements of 49 CFR 173.417(a).

DHS 157.93(8)(b) (b) The general license applies only to a licensee who has a quality assurance program approved by the nuclear regulatory commission as satisfying the provision of subpart H of 10 CFR 71.

DHS 157.93(8)(c) (c) The general license applies when a package’s contents meets all the following criteria:

DHS 157.93(8)(c)1. 1. Contain less than a Type A quantity of material.

DHS 157.93(8)(c)2. 2. Contain less than 1000 grams of plutonium, provided that: plutonium-239, plutonium-241, or any combination of these radionuclides, constitutes less than 240 grams of the total quantity of plutonium in the package.

DHS 157.93(8)(d) (d) The general license applies only to packages labeled with a CSI which meets all the following criteria:

DHS 157.93(8)(d)1. 1. Has been determined in accordance with par. (e).

DHS 157.93(8)(d)2. 2. Has a value less than or equal to 100.

DHS 157.93(8)(d)3. 3. For a shipment of multiple packages containing Pu-Be sealed sources, the sum of the CSIs shall be less than or equal to 50 for shipment on a nonexclusive use conveyance and to less than or equal to 100 for shipment on an exclusive use conveyance.

DHS 157.93(8)(e) (e) The value for the CSI shall be greater than or equal to the number calculated by the following equation and the calculated CSI rounded up to the first decimal place:

DHS 157.93 History History: CR 01-108: cr. Register July 2002 No. 559, eff. 8-1-02; CR 06-021: am. (4) (b) 3., 4. and (d), r. (5), renum. (6) and (7) to be (5) and (6) and am. (5) (b) 3. and (6) (c) 2., cr. (5) (d), (7) and (8) Register October 2006 No. 610, eff. 11-1-06; CR 16-078: cr. (4) (am), r. and recr. (4) (b), (6) Register January 2018 No. 745, eff. 2-1-18; CR 22-015: am. (4) (am), (b) 1., 2. Register June 2023 No. 810, eff. 7-1-23.

DHS 157.94 DHS 157.94 Operating controls and procedures.

DHS 157.94(1) (1) Routine determinations. Prior to each shipment of licensed material, a licensee shall determine all the following:

DHS 157.94(1)(a) (a) The package is proper for the contents to be shipped.

DHS 157.94(1)(b) (b) The package is in unimpaired physical condition except for superficial defects such as marks or dents.

DHS 157.94(1)(c) (c) Each closure device of the packaging, including any required gasket, is properly installed and secured and free of defects.

DHS 157.94(1)(d) (d) Any system for containing liquid is adequately sealed and has adequate space or other specified provision for expansion of the liquid.

DHS 157.94(1)(e) (e) Any pressure relief device is operable and set under written procedures established by the carrier or licensee.

DHS 157.94(1)(f) (f) The package has been loaded and closed under written procedures established by the carrier or licensee.

DHS 157.94(1)(g) (g) For fissile material, any moderator or neutron absorber, if required, is present and in proper condition.

DHS 157.94(1)(h) (h) Any structural part of the package that may be used to lift or tie down a package during transport is rendered inoperable unless it satisfies design requirements specified by the NRC.

DHS 157.94(1)(i) (i) The level of removable radioactive contamination on the external surfaces of each package offered for shipment is as low as reasonably achievable and does not exceed the levels specified in 49 CFR 173.443.

DHS 157.94(1)(j) (j) External radiation levels around the package and around the vehicle do not exceed the limits specified in 49 CFR 173.441.

DHS 157.94(1)(k) (k) Accessible package surface temperatures will not exceed the limits specified in 10 CFR 71.43(g) at any time during transportation.

DHS 157.94(2) (2) Air transport of plutonium. Notwithstanding the provisions of any general licenses and notwithstanding any exemptions stated directly in this section or included indirectly by citation of the U.S. department of transportation regulations, a licensee may not transport or deliver plutonium in any form by air, or deliver to a carrier for air transport, except under any of the following conditions:

DHS 157.94(2)(a) (a) The plutonium is contained in a medical device designed for individual human application.

DHS 157.94(2)(b) (b) The plutonium is contained in a material in which the specific activity is less than or equal to the activity concentration values for plutonium specified in ch. DHS 157 Appendix O, Table VII and in which the radioactivity is essentially uniformly distributed.

DHS 157.94(2)(c) (c) The plutonium is shipped in a single package containing no more than an A2 quantity of plutonium in any isotope or form and is shipped as provided in s. DHS 157.92 (3).

DHS 157.94(2)(d) (d) The plutonium is shipped in a package specifically authorized in a certificate of compliance issued by the nuclear regulatory commission for the shipment of plutonium by air, and the licensee requires, through special arrangement with the carrier, compliance with 49 CFR 175.704.

DHS 157.94(3) (3) Shipment and packaging records.

DHS 157.94(3)(a) (a) A licensee shall maintain for a period of 3 years after shipment, a record of each shipment of licensed material not exempt under s. DHS 157.92 (2), showing all of the following:

DHS 157.94(3)(a)1. 1. Identification of the packaging by model number and serial number.

DHS 157.94(3)(a)2. 2. Verification that the packaging, as shipped, had no significant defect.

DHS 157.94(3)(a)3. 3. Volume and identification of coolant.

DHS 157.94(3)(a)4. 4. Type and quantity of licensed material in each package and the total quantity of each shipment.

DHS 157.94(3)(a)5. 5. For each item of irradiated fissile material, the following:

DHS 157.94(3)(a)5.a. a. Identification by model number and serial number.

DHS 157.94(3)(a)5.b. b. Irradiation and decay history to the extent appropriate to demonstrate that its nuclear and thermal characteristics comply with license conditions.

DHS 157.94(3)(a)5.c. c. Any abnormal or unusual condition relevant to radiation safety.

DHS 157.94(3)(a)6. 6. Date of the shipment.

DHS 157.94(3)(a)7. 7. For fissile package and for Type B package, any special controls exercised.

DHS 157.94(3)(a)8. 8. Name and address of the transferee.

DHS 157.94(3)(a)9. 9. Address to which the shipment was made.

DHS 157.94(3)(a)10. 10. Results of the determinations required by sub. (1) and by the conditions of the package approval.

DHS 157.94(3)(b) (b) A licensee, certificate holder, and an applicant for a CoC, shall make available to the department for inspection, upon reasonable notice, of all records required by this subsection. Records are only valid if stamped, initialed, or signed and dated by authorized personnel, or otherwise authenticated.

DHS 157.94(3)(c) (c) A licensee, certificate holder, and an applicant for a certificate of compliance shall maintain sufficient written records to furnish evidence of the quantity of packaging. The records to be maintained include results of the determinations required by s. DHS 157.94 (8); design, fabrication, and assembly records; results of reviews, inspections, tests, and audits; results of monitoring work performance and materials analyses; and results of maintenance, modification, and repair activities. Inspection, test, and audit records must identify the inspector or data recorder, the type of observation, the results, the acceptability, and the action taken in connection with any deficiencies noted. These records must be retained for 3 years after the life of the packaging to which they apply.

DHS 157.94(4) (4) Reports. A licensee shall provide a written report to the department within 30 days of any of the following:

DHS 157.94(4)(a) (a) Any instance in which there is significant reduction in the effectiveness of any packaging during use.

DHS 157.94(4)(b) (b) Details of any defects with safety significance in the packaging after first use, and the means employed to repair the defects and prevent their recurrence.

DHS 157.94(4)(c) (c) Instances in which the conditions of approval in the certificate of compliance were not observed in making a shipment.

DHS 157.94(5) (5) Advance notification of transport of nuclear waste.

DHS 157.94(5)(a) (a) Prior to the transport of any nuclear waste meeting the criteria in par. (b) outside of the confines of the licensee’s facility or other place of use or storage, or prior to the delivery of any nuclear waste to a carrier for transport, within or across the boundary of the State, each licensee shall provide advance notification of the transport to the governor of a state, or governor’s designee, and to the department.

DHS 157.94 Note Note: Notification of transport of nuclear waste may be sent to: Division of Emergency Management, 2400 Wright Street, Madison, Wisconsin, 53704. Notification may also be made by telephone at: 608-242-3232; or fax at: 608-242-3247. The telephone number of the 24-hour duty officer is 1-800-943-0003. A list of the names and mailing addresses of the governors’ designees receiving advance notification of transportation of nuclear waste was published in the Federal Register on June 30, 1995 (60 FR 34306).

DHS 157.94(5)(am) (am) Prior to the transport of any nuclear waste meeting the criteria in par. (b) outside of the confines of the licensee’s facility or other place of use or storage, or prior to the delivery of any nuclear waste to a carrier for transport, within or across the boundary of the federally recognized Indian tribe’s reservation, each licensee shall provide advance notification of transport to the Indian tribal official of the participating Indian tribes or the Indian tribal official’s designee, and to the department.

DHS 157.94 Note Note: Notification of transport of nuclear waste may be sent to: Division of Emergency Management, 2400 Wright Street, Madison, Wisconsin, 53704. Notification may also be made by: telephone at 608-242-3232; or fax at 608-242-3247. The telephone number of the 24-hour duty officer is 1-800-943-0003. A list of the names and mailing addresses of the governors’ designees receiving advance notification of transportation of nuclear waste was published in the Federal Register on June 30, 1995 (60 FR 34306).

DHS 157.94(5)(b) (b) Advance notification is required under any of the following conditions:

DHS 157.94(5)(b)1. 1. The nuclear waste is required to be in Type B packaging for transportation.

DHS 157.94(5)(b)2. 2. The nuclear waste is being transported through Wisconsin en route to a disposal facility or to a collection point for transport to a disposal facility.

DHS 157.94(5)(b)3. 3. The quantity of licensed material in a single package exceeds any of the following criteria:

DHS 157.94(5)(b)3.a. a. Three thousand times the A1 value of the radionuclides as specified in ch. DHS 157 Appendix O, Table VI for special form radioactive material.

DHS 157.94(5)(b)3.b. b. Three thousand times the A2 value of the radionuclides as specified in ch. DHS 157 Appendix O, Table VI for normal form radioactive material.

DHS 157.94(5)(b)3.c. c. One thousand terabecquerel (27,000 Ci).

DHS 157.94(5)(c) (c) Each advance notification required by par. (a) shall contain all the following information:

DHS 157.94(5)(c)1. 1. The name, address and telephone number of the shipper, carrier and receiver of the shipment.

DHS 157.94(5)(c)2. 2. A description of the nuclear waste contained in the shipment as required under 49 CFR 172.202 and 172.203.

DHS 157.94(5)(c)3. 3. The point of origin of the shipment and the 7-day period during which departure of the shipment is estimated to occur.

DHS 157.94(5)(c)4. 4. The 7-day period during which arrival of the shipment at state boundaries or Tribal reservation boundaries is estimated to occur.

DHS 157.94(5)(c)5. 5. The destination of the shipment and the 7-day period during which arrival of the shipment is estimated to occur.