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)(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)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.
DHS 157.94(5)(c)6.
6. A point of contact with a telephone number for current shipment information.
DHS 157.94(5)(d)
(d) The notification required by par.
(a) shall be made in writing to the office of each appropriate governor or governor's designee, the office of each appropriate tribal official or tribal official's designee, and to the Director, Office of Nuclear Security and Incident Response. A notification delivered by mail shall be postmarked at least 7 days before the beginning of the 7-day period during which departure of the shipment is estimated to occur. A notification delivered by any other means than mail shall reach the office of the governor or governor's designee, the Indian tribal official or Indian tribal official's designee, and the department at least 4 days before the beginning of the 7-day period during which departure of the shipment is estimated to occur. A copy of the notification shall be retained by the licensee for 3 years.
DHS 157.94(5)(e)
(e) A licensee shall notify the governor or governor's designee, Indian tribal official or Indian tribal official's designee, and the department of any changes to schedule information provided under par.
(a). Notification shall be by telephone to a designated responsible individual in the office of the governor or governor's designee, Indian tribal official or Indian tribal official's designee, and to the department. A licensee shall retain for 3 years a record of the name of the individual contacted.
DHS 157.94(5)(f)
(f) A licensee who cancels a nuclear waste shipment for which advance notification has been sent shall send to the governor of each State or governor's designee previously notified, Indian tribal official or Indian tribal official's designee previously notified, and to the department a cancellation notice identifying the advance notification that is being canceled. A copy of the notice shall be retained by the licensee for 3 years.
DHS 157.94(6)(a)
(a) A licensee, certificate holder, and applicant for a certificate of compliance are responsible for the quality assurance requirements as they apply to design, fabrication, testing, and modification of packaging. A licensee is responsible for the quality assurance provision which applies to its use of a packaging for the shipment of licensed material subject to this subchapter.
DHS 157.94(6)(b)
(b) A licensee, certificate holder, and applicant for a certificate of compliance shall establish, maintain, and execute a quality assurance program satisfying each of the applicable criteria of
10 CFR 71.101 through
71.137 and satisfying any specific provisions that are applicable to the licensee's activities including procurement of packaging. The licensee, certificate holder, and applicant for a CoC shall execute the applicable criteria in a graded approach to an extent that is commensurate with the quality assurance requirement's importance to safety.
DHS 157.94(6)(c)
(c) Before the use of any package for the shipment of licensed material subject to this subsection, a licensee shall obtain approval of its quality assurance program from the department.
DHS 157.94(6)(d)
(d) A licensee, certificate holder, and applicant for a certificate of compliance shall be responsible for establishing and executing the quality assurance program. A licensee, certificate holder, and applicant for a certificate of compliance may delegate to others, such as contractors, agents, or consultants, the work of establishing and executing the quality assurance program, or any part of the quality assurance program, but shall retain responsibility for the program. These activities include performing the functions associated with attaining quality objectives and the quality assurance functions.
DHS 157.94(6)(e)1.
1. Assuring that an appropriate quality assurance program is established and effectively executed; and
DHS 157.94(6)(e)2.
2. Verifying, by procedures such as checking, auditing, and inspection, that activities affecting the safety-related functions have been performed correctly.
DHS 157.94(6)(f)
(f) Changes to a quality assurance program shall comply with the following:
DHS 157.94(6)(f)1.
1. Each quality assurance program approval holder shall submit to the department a description of a proposed change to its department-approved quality assurance program that will reduce commitments in the program description as approved by the department. The quality assurance program approval holder shall not implement the change before receiving the department's approval. The description of a proposed change to the department-approved quality assurance program must identify the change, the reason for the change, and the basis for concluding that the revised program incorporating the change continues to satisfy the applicable requirements of
10 CFR 71 subpart H.
DHS 157.94(6)(f)2.
2. Each quality assurance program approval holder may change a previously approved quality assurance program without the prior approval of the department, if the change does not reduce the commitments in the quality assurance program previously approved by the department. Changes to the quality assurance program that do not reduce the commitments shall be submitted to the department every 24 months. In addition to quality assurance program changes involving administrative improvements and clarifications, spelling corrections, and non-substantive changes to punctuation or editorial items, the following changes are not considered reductions in commitment:
DHS 157.94(6)(f)2.a.
a. The use of a quality assurance standard approved by the department that is more recent than the quality assurance standard in the certificate holder's or applicant's current quality assurance program at the time of the change.
DHS 157.94(6)(f)2.b.
b. The use of generic organizational position titles that clearly denote the position function, supplemented as necessary by descriptive text, rather than specific titles, provided that there is no substantive change to either the functions of the position or reporting responsibilities.
DHS 157.94(6)(f)2.c.
c. The use of generic organizational charts to indicate functional relationships, authorities, and responsibilities, or alternatively, the use of descriptive text, provided that there is no substantive change to the functional relationships, authorities, or responsibilities.
DHS 157.94(6)(f)2.d.
d. The elimination of quality assurance program information that duplicates language in quality assurance regulatory guides and quality assurance standards to which the quality assurance program approval holder has committed to on record.
DHS 157.94(6)(f)2.e.
e. Organizational revisions that ensure that persons and organizations performing quality assurance functions continue to have the requisite authority and organizational freedom, including sufficient independence from cost and schedule when opposed to safety considerations.
DHS 157.94(6)(f)3.
3. Each quality assurance program approval holder shall maintain records of quality assurance program changes.
DHS 157.94(6)(g)
(g) The licensee, certificate holder, and applicant for a certificate of compliance shall maintain sufficient written records to describe the activities affecting quality.
DHS 157.94(6)(g)1.b.
b. The documented instructions, procedures, or drawings of a type appropriate to the circumstances to prescribe quality assurance activities including appropriate quantitative and qualitative acceptance criteria for determining that activities important to quality have been satisfactorily accomplished.
DHS 157.94(6)(g)1.c.
c. Closely related specifications such as required qualifications of personnel, procedures, and equipment.
DHS 157.94(6)(g)1.d.
d. the instructions or procedures which establish a records retention program that is consistent with applicable regulations and designates factors such as duration, location, and assigned responsibility.
DHS 157.94(6)(g)2.
2. The licensee, certificate holder, and applicant for a certificate of compliance shall retain these records for 3 years beyond the date when the licensee, certificate holder, and applicant for a certificate of compliance last engages in the activity for which the quality assurance program was developed. If any portion of the quality assurance program, written procedures or instructions is superseded, the licensee, certificate holder, and applicant for a certificate of compliance shall retain the superseded material for 3 years after it is superseded.
DHS 157.94(7)
(7)
Assumptions as to unknown properties of fissile material. When the isotopic abundance, mass, concentration, degree of irradiation, degree of moderation, or other pertinent property of fissile material in any package is not known, the licensee shall package the fissile material as if the unknown properties have credible values that will cause the maximum neutron multiplication.
DHS 157.94(8)
(8)
Preliminary determinations. Prior to the first use of any packaging for the shipment of radioactive material a licensee shall ascertain that the determination requirements in
10 CFR 71.85 (a) through (c) have been made.
DHS 157.94 History
History: CR 01-108: cr.
Register July 2002 No. 559, eff. 8-1-02;
CR 06-021: am. (2) (b)
Register October 2006 No. 610, eff. 11-1-06;
CR 16-078: r. and recr. (3), am. (5) (a), cr. (5) (am), am. (5) (c) 4., (d) to (f), r. and recr. (6), renum. (8) (intro.) to (8) and am., r. (8) (a) to (d)
Register January 2018 No. 745, eff. 2-1-18; correction in (2) (b), (5) (b) 3. a., b., (6) (b), (d), (g) (intro.), 2. made under s.
35.17, Stats.,
Register January 2018 No. 745;
CR 22-015: am. (5) (d), (6) (c), renum. (6) (f) 1. (intro.) to (6) (f) and am., r. (6) (f) 1. a., b., am. (6) (f) 2. (intro.), a. Register June 2023 No. 810, eff. 7-1-23. DHS 157.95
DHS 157.95 Exemptions. A community water system is exempt from the provisions of this subchapter if all of the following apply:
DHS 157.95(1)
(1) The community water system consists solely of distribution and storage facilities.
DHS 157.95(2)
(2) The community water system does not include collection and treatment facilities.
DHS 157.95(3)
(3) The community water system obtains all water from, but is not owned or operated by, a public water system to which the rules of this subchapter apply.
DHS 157.95(4)
(4) The community water system does not sell water to any person.
DHS 157.95(5)
(5) The community water system is not a carrier that conveys passengers in interstate commerce.
DHS 157.95 History
History: CR 01-108: cr.
Register July 2002 No. 559, eff. 8-1-02.
DHS 157.96(1)(a)1.1. The maximum contaminant level for radium-226 and radium-228 in community water systems is 5 pCi/L.
DHS 157.96(1)(a)2.
2. The maximum contaminant level for gross alpha particle activity in community water systems is15 pCi/L, including radium-226, but excluding radon and uranium.
DHS 157.96(1)(b)
(b)
Beta particle and photon radioactivity from man-made radionuclides in community water systems. DHS 157.96(1)(b)1.
1. The average annual concentration of beta particle and photon radioactivity from man-made radionuclides in drinking water may not produce an annual dose equivalent to the total body or any internal organ greater than 0.04 millisievert (4 millirem).
DHS 157.96(1)(b)2.
2. Except for the radionuclides listed in Table DHS 157.96A, the concentration of man-made radionuclides causing 0.04 millisievert (4 millirem) total body or organ dose equivalents shall be calculated on the basis of a 2-liter per day drinking water intake using the 168 hour data listed in “Maximum Permissible Body Burdens and Maximum Permissible Concentrations of Radionuclides in Air or Water for Occupational Exposure", National Council on Radiation Protection and Measurements Report No. 22. If 2 or more radionuclides are present, the sum of their annual dose equivalent to the total body or to any organ may not exceed 0.04 millisievert (4 millirem).
DHS 157.96 Note
Note: The publication “Maximum Permissible Body Burdens and Maximum Permissible Concentrations of Radionuclides in Air or Water for Occupational Exposure" in the National Council on Radiation Protection and Measurements Report No. 22, is the same document as Handbook 69 published by the National Bureau of Standards and which the Department received permission from the Attorney General and the Legislative Reference on March 22, 1982 to incorporate into ch. HSS 157 by reference. The reference is no longer available through the federal government and the National Bureau of Standards no longer exists. However, the document may be consulted at the Department's Radiation Protection Section at 1 W. Wilson St. in Madison, WI or the Legislative Reference Bureau and may be ordered from: NCRP, 7910 Woodmont Avenue, Suite 800, Bethesda MD, 20814.
Table DHS 157.96A
Average Annual Concentrations Assumed to
Produce a Total Body or Organ Dose of
0.04 Millisievert (4 Millirem)/Year
- See PDF for table 
DHS 157.96(2)(a)
(a) Standard radionuclide. The following methods used to measure radionuclides and specified in “Prescribed Procedures for Measurement of Radioactivity in Drinking Water" EPA-600/4-80- 032 shall be used to determine compliance with sub.
(1), except in cases where alternative methods have been approved under sub.
(4):
DHS 157.96(2)(b)
(b)
Other radionuclides. When the identification and measurement of radionuclides other than those listed in par.
(a) is required, the following references shall be used, except in cases where alternative methods have been approved under sub.
(4):
DHS 157.96(2)(b)1.
1. Procedures for Radiochemical Analysis of Nuclear Reactor Aqueous Solutions, H.
DHS 157.96(2)(b)2.
2. Section 4.5.4 of the Health and Safety Laboratory Procedure Manual pertaining to testing water, ERDA-HASL 300, 28
th Edition.
DHS 157.96 Note
Note: 1. The Procedures for Radiochemical Analysis of Nuclear Reactor Aqueous Solutions, H. L. Krieger and S. Gold, EPA-R4-73-014, May 1973, is available upon written request to: Department of Health Services, Radiation Protection Section, PO Box 2659, Madison WI 53701-2659.
DHS 157.96(2)(c)1.1. For the purpose of monitoring radioactivity concentrations in drinking water, the required sensitivity of the radioanalysis is defined in terms of a detection limit. The detection limit shall be that concentration that may be counted with a precision of plus or minus 100% at the 95% confidence level, where 1.96 is the standard deviation of the net counting rate of the sample.
DHS 157.96(2)(c)2.
2. To determine compliance with sub.
(1) (a) 1., the detection limit may not exceed one pCi/L. To determine compliance with sub.
(1) (a) 2., the detection limit may not exceed 3 pCi/L.
DHS 157.96(2)(c)3.
3. To determine compliance with sub.
(1) (b), the detection limits may not exceed the concentrations listed in Table DHS 157.96B.
Table DHS 157.96B
Detection Limits for Man-made
Beta Particle and Photon Emitters
- See PDF for table 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.
