Chapter DHS 157

Table DHS 157.96B
Detection Limits for Man-made
Beta Particle and Photon Emitters

DHS 157.96(2)(d) (d) Compliance. To judge compliance with the maximum contaminant levels listed in sub. (1), averages of data shall be used and shall be rounded to the same number of significant figures as the maximum contaminant level for the substance in question.

DHS 157.96(3) (3) Monitoring frequency in community water systems.

DHS 157.96(3)(a) (a) Monitoring requirements for gross alpha particle activity, radium-226 and radium-228.

DHS 157.96(3)(a)1. 1. Compliance with sub. (1) (a) shall be based on the analysis of an annual composite of 4 consecutive quarterly samples or the average of the analyses of 4 samples obtained at quarterly intervals.

DHS 157.96(3)(a)1.a. a. A gross alpha particle activity measurement may be substituted for the required radium-226 and radium-228 analyses provided that the measured gross alpha particle activity does not exceed 5 pCi/L at a confidence level of 95%, where 1.96 is the standard deviation of the net counting rate of the sample. In localities where radium-228 may be present in drinking water, the department may require radium-226 or radium-228 analyses or analyses of both when the gross alpha particle activity exceeds 2 pCi/L.

DHS 157.96(3)(a)1.b. b. When the gross alpha particle activity exceeds 5 pCi/L, the same or an equivalent sample shall be analyzed for radium-228.

DHS 157.96(3)(a)2. 2. A supplier of water shall monitor water supplies at least once every 4 years following the procedure required by subd. 1. At the discretion of the department, when the record taken in conformance with subd. 1. establishes that the average annual concentration is less than half the maximum contaminant levels established by sub. (1) (a), analysis of a single sample may be substituted for the quarterly sampling procedure required by subd. 1.

DHS 157.96(3)(a)2.a. a. When ordered by the department, more frequent monitoring shall be conducted in the vicinity of mining or other operations that may contribute alpha particle radioactivity to either surface or groundwater sources of drinking water.

DHS 157.96(3)(a)2.b. b. A supplier of water shall monitor in conformance with subd. 1. within one year of the introduction of a new water source for a community water system. More frequent monitoring shall be conducted when ordered by the department if possible contamination or changes in the distribution system or treatment processing occur that may increase the concentration of radioactivity in finished water.

DHS 157.96(3)(a)2.c. c. A community water system using 2 or more sources having different concentrations of radioactivity shall monitor source water and water from a free-flowing tap when required by the department.

DHS 157.96(3)(a)2.d. d. Monitoring for compliance with sub. (2) (a) need not include radium-228 except when required by the department, provided that the average annual concentration of radium-228 has been assayed at least once using the quarterly sampling procedure required by subd. 1.

DHS 157.96(3)(a)2.e. e. A supplier of water shall conduct annual monitoring of any community water system in which the radium-226 concentration exceeds 3 pCi/L, when required by the department.

DHS 157.96(3)(a)3. 3. If the average annual maximum contaminant level for gross alpha particle activity or total radium as set forth in sub. (1) (a) is exceeded, the supplier of a community water system shall give notice to the department under sub. (7) and notify the public as required by sub. (8). Monitoring at quarterly intervals shall be continued until the annual average concentration no longer exceeds the maximum contaminant level or until a monitoring schedule as a condition to a variance, exemption or enforcement action is no longer in effect.

DHS 157.96(3)(b) (b) Monitoring requirements for man-made radioactivity in community water systems.

DHS 157.96(3)(b)1. 1. Community water systems using surface water sources and serving more than 100,000 persons and any other community water systems as are designated by the department shall be monitored for compliance with sub. (1) (b) by analysis of a composite of 4 consecutive quarterly samples or analysis of 4 quarterly samples. Compliance with sub. (1) (b) may be assumed without further analysis if the average annual concentration of gross beta particle activity is less than 50 pCi/L and if the average annual concentrations of tritium and strontium-90 are less than those listed in Table 157.96A, provided that if both radionuclides are present, the sum of their annual dose equivalents to bone marrow does not exceed 4 millirem.

DHS 157.96(3)(b)1.a. a. If the gross beta particle activity exceeds 50 pCi/L, an analysis of the sample shall be performed to identify the major radioactive constituents present. The appropriate organ and total body doses shall be calculated to determine compliance with sub. (1) (b).

DHS 157.96(3)(b)1.b. b. A supplier of water shall conduct additional monitoring, as required by the department, to determine the concentration of man-made radioactivity in principal watersheds designated by the department.

DHS 157.96(3)(b)1.c. c. At the discretion of the department, a supplier of water utilizing only groundwaters may be required to monitor for man-made radioactivity.

DHS 157.96(3)(b)2. 2. After the initial analysis required by subd. 1., a supplier of water shall monitor at least every 4 years following the procedure given in subd. 1.

DHS 157.96(3)(b)3. 3. The supplier of any community water system designated by the department as utilizing water subject to contamination by effluents from nuclear facilities shall initiate quarterly monitoring for gross beta particle and iodine-131 radioactivity and annual monitoring for strontium-90 and tritium.

DHS 157.96(3)(b)3.a. a. Quarterly monitoring for gross beta particle activity shall be based on the analysis of monthly samples or the analysis of a composite of 3 monthly samples. If the gross beta particle activity exceeds 50 pCi/L, an analysis of the sample shall be performed to identify the major radioactive constituents present and the appropriate organ and total body doses shall be calculated to determine compliance with sub. (1) (b).

DHS 157.96(3)(b)3.b. b. For iodine-131, a composite of 5 consecutive daily samples shall be analyzed once each calendar quarter. As required by the department, more frequent monitoring shall be conducted when iodine-131 is identified in the finished water.

DHS 157.96(3)(b)3.c. c. Annual monitoring for strontium-90 and tritium shall be conducted by means of the analysis of a composite of 4 consecutive quarterly samples or analysis of 4 quarterly samples.

DHS 157.96(3)(b)3.d. d. Data obtained by the direct monitoring of water supplies in the areas surrounding nuclear facilities may be utilized by the supplier where the department determines such data is applicable to a particular community water system.

DHS 157.96(3)(b)4. 4. If the average annual maximum contaminant level for man-made radioactivity specified in sub. (1) (b) is exceeded, the operator of a community water system shall give notice to the department under sub. (7) and to the public as required by sub. (8). Monitoring at monthly intervals shall be continued until the concentration no longer exceeds the maximum contaminant level or until a monitoring schedule as a condition to a variance, exemption or enforcement action becomes effective.

DHS 157.96(4) (4) Alternative analytical techniques. With the written permission of the department concurred in by the administrator of the U.S. environmental protection agency, an alternative analytical technique may be employed. An alternative technique shall be acceptable only if it is substantially equivalent to the prescribed test in sub. (1) in both precision and accuracy as it relates to the determination of compliance with any maximum contaminant level. The use of the alternative analytical technique may not decrease the frequency of monitoring required by sub. (3).

DHS 157.96(5) (5) Approved laboratories. For the purpose of determining compliance with this section, samples shall be considered only if the samples have been analyzed by a laboratory approved by the department.

DHS 157.96(6) (6) Monitoring of consecutive public water systems. When a public water system supplies water to one or more other public water systems, the department of natural resources may modify the monitoring requirements imposed by this section if the interconnection of the systems justifies treating them as a single system for monitoring purposes. Any modified monitoring shall be conducted under a schedule specified by the department of natural resources and concurred in by the administrator of the U.S. environmental protection agency.

DHS 157.96(7) (7) Reporting requirements.

DHS 157.96(7)(a) (a) Routine reports. Except where a shorter reporting period is specified in this section, a supplier of water shall report the results of a test, measurement or analysis required to be made under this section to the department within 40 days following the test, measurement or analysis.

DHS 157.96(7)(b) (b) Noncompliance reporting. A supplier of water shall report to the department within 48 hours noncompliance with any provision of this section, including failure to comply with monitoring requirements.

DHS 157.96(7)(c) (c) Exceptions. A supplier of water is not required to report analytical results to the department when the department performs the analysis.

DHS 157.96(8) (8) Public notification. Public notification shall be provided as prescribed in s. NR 809.833.

DHS 157.96(9) (9) Record maintenance. A supplier of water shall maintain records as prescribed in s. NR 809.82.

DHS 157.96(10) (10) Variance and exemptions. Variances and exemptions may be granted from any requirement regarding a maximum contaminant level for radioactivity as prescribed in ss. NR 809.90 and 809.91.

DHS 157.96 History History: CR 01-108: cr. Register July 2002 No. 559, eff. 8-1-02; CR 20-067: am. (8) Register December 2021 No. 792, eff. 1-1-22.

subch. XV of ch. DHS 157 Subchapter XV — Physical Protections of Category 1 and Category 2 Quantities of Radioactive Material

DHS 157.9700 DHS 157.9700 Personnel access authorization.

DHS 157.9700(1) (1) General requirements.

DHS 157.9700(1)(a) (a) A licensee that possesses a quantity of radioactive material at or above the category 2 quantity of radioactive material threshold shall establish, implement, and maintain an access authorization program that meets the requirements of this subchapter.

DHS 157.9700(1)(b) (b) An applicant for a new license and a licensee that would become newly subject to the requirements of this subchapter upon application to amend its license shall implement the requirements of this subchapter as appropriate and be inspected by the department before taking possession of a category 1 or category 2 quantity of radioactive material.

DHS 157.9700(1)(c) (c) A licensee that has not previously implemented the physical protection license condition requirements or been subject to the provisions of this section and ss. DHS 157.9701 to 157.9706 shall implement the provisions of this section and ss. DHS 157.9701 to 157.9706 before aggregating radioactive material to a quantity that equals or exceeds the category 2 threshold.

DHS 157.9700(2) (2) General performance objective. The licensee’s access authorization program shall ensure that the individuals specified in sub. (3) (a) are trustworthy and reliable.

DHS 157.9700(3) (3) Applicability.

DHS 157.9700(3)(a) (a) A licensee shall subject all of the following individuals to the access authorization program specified under s. DHS 157.9701:

DHS 157.9700(3)(a)1. 1. An individual whose assigned duties require unescorted access to category 1 or category 2 quantities of radioactive material or to any device that contains the radioactive material.

DHS 157.9700(3)(a)2. 2. An individual named as a reviewing official for the licensee.

DHS 157.9700(3)(b) (b) A licensee need not subject the categories of individuals listed in s. DHS 157.9704 (1) (a) to (m) to the investigation elements of the access authorization program.

DHS 157.9700(3)(c) (c) Except as provided in par. (d), a licensee shall approve for unescorted access to category 1 or category 2 quantities of radioactive material only those individuals with job duties that require unescorted access to category 1 or category 2 quantities of radioactive material.

DHS 157.9700(3)(d) (d) A licensee may include individuals needing access to safeguards information-modified handling under 10 CFR 73 in the access authorization program under this section and ss. DHS 157.9701 to 157.9706.

DHS 157.9700 History History: CR 16-078: cr. Register January 2018 No. 745, eff. 2-1-18; renumbered from DHS 157.100 under s. 13.92 (4) (b) 1., Stats., and correction in (1) (c), (3) (a) (intro.), (b), (d) made under s. 13.92 (4) (b) 7., Stats., Register January 2018 No. 745.

DHS 157.9701 DHS 157.9701 Access authorization program.

DHS 157.9701(1) (1) Granting unescorted access authorization.

DHS 157.9701(1)(a) (a) A licensee shall implement the requirements of this subchapter for granting initial or reinstated unescorted access authorization.

DHS 157.9701(1)(b) (b) An individual who has been determined to be trustworthy and reliable shall complete the security training required under s. DHS 157.9708 (3) before being allowed unescorted access to category 1 or category 2 quantities of radioactive material.

DHS 157.9701(2) (2) Reviewing officials.

DHS 157.9701(2)(a) (a) Only a reviewing official may make trustworthiness and reliability determinations that allow individuals to have unescorted access to category 1 or category 2 quantities of radioactive materials possessed by a licensee.

DHS 157.9701(2)(b) (b) Each licensee shall name one or more individuals to be a reviewing official. After completing a background investigation on the reviewing official, the licensee shall provide to the department, under oath or affirmation, a written certification that the reviewing official is deemed trustworthy and reliable by the licensee. The fingerprints of the named reviewing official shall be taken by a law enforcement agency, a federal or state agency that provides fingerprinting services to the public, or a commercial fingerprinting service authorized by a state to take fingerprints. Every 10 years, the licensee shall recertify that the reviewing official is deemed trustworthy and reliable under s. DHS 157.9702 (3).

DHS 157.9701(2)(c) (c) The licensee shall permit its reviewing official to have unescorted access to category 1 or category 2 quantities of radioactive materials or access to safeguards information or safeguards information-modified handling, if the licensee possesses safeguards information or safeguards information-modified handling.

DHS 157.9701(2)(d) (d) A reviewing official may not approve other individuals to act as a reviewing official.

DHS 157.9701(2)(e) (e) A reviewing official does not need to undergo a new background investigation before being named by a licensee as the reviewing official if any of the following apply:

DHS 157.9701(2)(e)1. 1. The individual has undergone a background investigation that included fingerprinting and a FBI criminal history records check and has been determined to be trustworthy and reliable by the licensee.

DHS 157.9701(2)(e)2. 2. The individual is subject to a category listed in s. DHS 157.9704 (1).

DHS 157.9701(3) (3) Informed consent.

DHS 157.9701(3)(a) (a) A licensee may not initiate a background investigation without the informed and signed consent of the individual. This consent shall include authorization to share personal information with other individuals or organizations as necessary to complete the background investigation. Before making a final adverse determination, the licensee shall provide the individual with an opportunity to correct any inaccurate or incomplete information that is obtained during the background investigation. A licensee does not need to obtain a signed consent from those individuals that meet the requirements of s. DHS 157.9702 (2). A signed consent shall be obtained before any reinvestigation.

DHS 157.9701(3)(b) (b) The subject individual may withdraw consent to a background investigation at any time. If an individual withdraws consent for a background investigation, the licensee shall inform the individual of all of the following:

DHS 157.9701(3)(b)1. 1. The licensee may not initiate any elements of the background investigation that were not in progress at the time the individual withdrew consent.

DHS 157.9701(3)(b)2. 2. A withdrawal of consent for a background investigation is sufficient cause for denial or termination of unescorted access authorization.

DHS 157.9701(4) (4) Personal history disclosure. An individual who applies for unescorted access authorization shall disclose the personal history information that is required by the licensee’s access authorization program for the reviewing official to make a determination of the individual’s trustworthiness and reliability. Refusal to provide, or the falsification of, any personal history information required under this subchapter is sufficient cause for denial or termination of unescorted access.

DHS 157.9701(5) (5) Determination basis.

DHS 157.9701(5)(a) (a) The reviewing official shall determine whether to permit, deny, unfavorably terminate, maintain, or administratively withdraw an individual’s unescorted access authorization based on an evaluation of all the information collected to meet the requirements of this subchapter.

DHS 157.9701(5)(b) (b) The reviewing official may not permit any individual to have unescorted access until the reviewing official has evaluated all the information collected to meet the requirements of this section and has determined that the individual is trustworthy and reliable. The reviewing official may deny unescorted access to any individual based on information obtained at any time during the background investigation.

DHS 157.9701(5)(c) (c) The reviewing official may terminate or administratively withdraw an individual’s unescorted access authorization based on information obtained after the background investigation has been completed and the individual has been granted unescorted access authorization.

DHS 157.9701(5)(d) (d) A licensee shall document the basis for concluding whether or not there is reasonable assurance that an individual is trustworthy and reliable.

DHS 157.9701(5)(e) (e) A licensee shall maintain a list of individuals who are approved for unescorted access authorization. When a licensee determines that an individual no longer requires unescorted access or no longer meets the access authorization requirements, the licensee shall remove the individual from the approved list as soon as possible, but no later than 7 working days of that determination, and take prompt measures to ensure that the individual does not have unescorted access to category 1 or category 2 quantities of radioactive material.

DHS 157.9701(6) (6) Procedures.

DHS 157.9701(6)(a) (a) A licensee shall develop, implement, and maintain written procedures for implementing the access authorization program. The procedures shall include provisions for providing notification to individuals who are denied unescorted access authorization, or whose unescorted access authorization is terminated; provisions for the review of the decision at the request of the affected individual; and provisions allowing the individual an opportunity to provide additional relevant information.

DHS 157.9701(6)(b) (b) The notification required under par. (a) shall include the grounds for denial or termination and the licensee’s procedures on how the individual may request a review of the decision to deny or terminate the individual’s unescorted access authorization.

DHS 157.9701(7) (7) Right to correct and complete information.

DHS 157.9701(7)(a) (a) Before any final adverse determination is made, a licensee shall provide to each individual who is subject to a background investigation under this subchapter, written notice that the individual may complete, correct, and explain information obtained as a result of the background investigation. A copy of the notice and confirmation of receipt of the notice shall be maintained by the licensee for one year from the date of the notice.

DHS 157.9701(7)(b) (b) Challenge procedures may be initiated by an individual who believes that criminal history records obtained by the licensee are incorrect or incomplete in any respect, and who wishes to change, correct, update, or explain anything in the record. A licensee shall provide at least 10 days for an individual to challenge the results of an FBI criminal history records check after the record is made available for the individual’s review. A licensee may make a final adverse determination based upon the criminal history records only after receipt of the FBI’s confirmation or correction of the record.

DHS 157.9701 Note Note: These procedures include direct application to the law enforcement agency that contributed the questioned information by the individual challenging the record, or a direct challenge to the Federal Bureau of Investigation, Criminal Justice Information Services (CJIS) Division regarding the accuracy or completeness of any entry on the individual’s criminal history record. In the latter case, the Federal Bureau of Investigation (FBI) will forward the challenge to the agency that submitted the data, and will request that the agency verify or correct the challenged entry. Upon receipt of an official communication directly from the agency that contributed the original information, the FBI Identification Division makes any changes necessary in accordance with the information supplied by that agency. An individual may challenge the accuracy or completeness of any entry on the criminal history record by applying directly to the Federal Bureau of Investigation, Criminal Justice Information Services (CJIS) Division, ATTN: SCU, Mod. D–2, 1000 Custer Hollow Road, Clarksburg, WV 26306 as set forth in 28 CFR 16.30 through 16.34.

DHS 157.9701(8) (8) Records.

DHS 157.9701(8)(a) (a) A licensee shall retain documentation regarding the trustworthiness and reliability of individual employees for 3 years from the date the individual no longer requires unescorted access to category 1 or category 2 quantities of radioactive material.

DHS 157.9701(8)(b) (b) A licensee shall retain as a record for 3 years, a copy of any superseded portion of the access authorization program procedures, and a copy of current access authorization program procedures after they are no longer needed.

DHS 157.9701(8)(c) (c) A licensee shall retain the list of persons approved for unescorted access authorization for 3 years after the list is superseded or replaced.

DHS 157.9701 History History: CR 16-078: cr. Register January 2018 No. 745, eff. 2-1-18; renumbered from DHS 157.101 under s. 13.92 (4) (b) 1., Stats., and correction in (1) (b), (2) (b), (e) 2., (3) (a) made under s. 13.92 (4) (b) 7., Stats., Register January 2018 No. 745; CR 22-015: am. (6) (b) Register June 2023 No. 810, eff. 7-1-23.

DHS 157.9702 DHS 157.9702 Background investigations.