Wis. Admin. Code Department of Health Services DHS 157.92 - General regulatory provisions

(1) REQUIREMENT FOR LICENSE. No person may transport radioactive material or deliver radioactive material to a carrier for transport except as authorized in a general or specific license issued by the department under s. 254.365, Stats., or unless exempt under sub. (2).

(2) EXEMPTIONS.

(a) Common and contract carriers, freight forwarders and warehouse workers who are subject to the requirements of 49 CFR 170 to 189 or the U.S. postal service regulations in the U.S. postal service domestic mail manual (DMM), Section C-023.9.0, and the U.S. postal service are exempt from the requirements of this section to the extent that they transport or store radioactive material in the regular course of their carriage for others or storage incident thereto. Common and contract carriers who are not subject to the requirements of the U.S. department of transportation or U.S. postal service are subject to sub. (1).

(b) A licensee is exempt from the requirements of this subchapter with respect to shipment or carriage of any of the following materials:

1. Naturally occurring radioactive material and ores that are either in their natural state or have only been processed for purposes other than the extraction of the radionuclides, and that are not intended to be processed for use of these radionuclides, provided the activity concentration of the material does not exceed 10 times the values specified in ch. DHS 157 Appendix O, Table VII or Table VIII.

2. Materials for which the activity concentration is not greater than the activity concentration values specified in ch. DHS 157 Appendix O, Table VII or Table VIII, or for which the consignment activity is not greater than the limit for an exempt consignment found in ch. DHS 157 Appendix O, Table VII or Table VIII.

3. Non-radioactive solid objects with radioactive substances present on any surfaces in quantities not in excess of the levels in the definition of contamination.

(c) Fissile materials meeting one of the following requirements are exempt from classification as fissile material and from the fissile material package standards of 10 CFR 71.55 and 10 CFR 71.59, but are subject to all other requirements of 10 CFR 71, except as noted:

1. Individual package containing 2 grams or less of fissile material.

2. Individual or bulk packaging containing 15 grams or less of fissile material provided the package has at least 200 grams of solid nonfissile material for every gram of fissile material. Lead, beryllium, graphite, and hydrogenous material enriched in deuterium may be present in the package but may not be included in determining the required mass for solid nonfissile material.

3. Low concentrations of solid fissile material commingled with solid nonfissile material, provided that there is at least 2000 grams of solid nonfissile material for every gram of fissile material and there is no more than 180 grams of fissile material distributed within 360 kg of contiguous nonfissile material. Lead, beryllium, graphite and hydrogenous material enriched in deuterium may be present in the package, but may not be included in determining the required mass of solid nonfissile material.

4. Uranium enriched in uranium-235 to a maximum of one percent by weight, and with total plutonium and uranium-233 content of up to one percent of the mass of uranium-235, provided that the mass of any beryllium, graphite, and hydrogenous material enriched in deuterium present in the package is less than 5% of the uranium mass, and that the fissile material is distributed homogeneously and does not form a lattice arrangement within the package.

5. Liquid solutions of uranyl nitrate enriched in uranium-235 to a maximum of 2% by mass, provided that all the following conditions apply:

a. The total plutonium and uranium-233 content does not exceed 0.002 percent of the total mass of uranium.

b. The nitrogen to uranium atomic ratio (N/U) is greater than or equal to 2.0.

c. The material is contained in at least a U.S. department of transportation Type A package.

6. Plutonium with a total mass of less than 1000 grams, provided that: plutonium-239, plutonium-241, or any combination of these radionuclides, constitutes less than 20% by mass of the total quantity of plutonium in the package.

Note: The U.S. postal service domestic mail manual (DMM), Section C-023.9.0, is available at http://pe.usps.gov/.

(d) Any physician licensed by the state of Wisconsin to dispense drugs in the practice of medicine is exempt from sub. (1) with respect to transport by the physician of radioactive material for use in the practice of medicine provided the physician is an authorized user under subch. II of this chapter.

(3) TRANSPORT OF LICENSED MATERIAL.

(a) A licensee who transports licensed material outside the site of usage, as specified in the department license, or on public highways, or who delivers licensed material to a carrier for transport, shall comply with the applicable requirements of the U.S. department of transportation regulations in 49 CFR 107, 171 to 180, and 390 to 397, appropriate to the mode of transport and do all the following:

1. Comply with the requirements, appropriate to the mode of transport, of the regulations of the U.S. department of transportation in all the following areas:

a. Packaging - 49 CFR 173 : Subparts A and B and I.

b. Marking and labeling - 49 CFR Part 172 : Subpart D; and 172.400 to 172.407 and 172.436 to 172.441 of Subpart E.

c. Placarding - 49 CFR 172 : Subpart F, especially 172.500 to 172.519, 172.556 and Appendices B and C.

d. Accident reporting - 49 CFR 171 : 171.15 and 171.16.

e. Shipping papers and emergency information - 49 CFR 172: Subpart C and Subpart G.

f. Hazardous material employee training - 49 CFR 172 : Subpart H.

g. Hazardous material shipper/carrier registration - 49 CFR 107: Subpart G.

h. Security Plans - 49 CFR 172: Subpart I.

2. Comply with U.S. department of transportation regulations pertaining to all the following modes of transportation:

a. Rail - 49 CFR 174 : Subparts A to D and K.

b. Air - 49 CFR 175.

c. Vessel - 49 CFR 176 : Subparts A to F and M.

d. Public Highway - 49 CFR 177 and 49 CFR 390 to 397.

3. Before delivery of a package to a carrier for transport, the licensee shall ensure that any special instructions needed to safely open the package have been sent to, or otherwise made available to, the consignee for the consignee's use under s. DHS 157.29(6) (e).

(b) If the regulations of the U.S. department of transportation are not applicable to a shipment of licensed material, a licensee shall comply with the requirements of 49 CFR 107, 171 to 180, and 390 to 397, appropriate to the mode of transport as if the shipment was subject to the regulations. A request for modification, waiver or exemption from these requirements and any notification referred to in these requirements shall be submitted in writing to the department.

Notes

Wis. Admin. Code Department of Health Services DHS 157.92

CR 01-108: cr. Register July 2002 No. 559, eff. 8-1-02; CR 06-021: r. and recr. (2) (b) to (d) and (3) (a) 3., am. (3) (a) (intro.) and 1. b., cr. (3) (a) 1. h. Register October 2006 No. 610, eff. 11-1-06; CR 09-062: am. (2) (c) 5. (intro.), (3) (a) (intro.) and (b) Register April 2010 No. 652, eff. 5-1-10. Amended by, CR 16-78: am. (2) (b) 1., 2., cr. (2) (b) 3., am. (2) (c) 4. Register January 2018 No. 745, ef. 2-1-18; correction in (2) (b) 1., 2. made under s. 35.17, Stats., Register January 2018 No. 745, eff. 2/1/2018

A request for modification, waiver or exemption shall be submitted to the department at the following address: Department of Health Services, Radiation Protection Section, P.O. Box 2659, Madison, WI 53701-2659. Certified mail may be sent to: Department of Health Services, Radiation Protection Section, 1 West Wilson St, Room 150, Madison, WI 53702-0007. Requests may be sent by facsimile to 608-267-3695.