{"operation":"document","citation":"04-0266","title":"R.E. Ginna Nuclear Power Plan — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-12-03","effective_on":null,"summary":"04-0266 response to R.E. Ginna Nuclear Power Plan concerning 173.403.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0266.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0266.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0266","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040266.pdf","body":"<<<PAGE 1>>>\n\nDEC 3\n2004\nof Transportation\nU.S. Department\n400 Seventh St., S.W.\nWashington, D.C. 20590\nSpecial Programs\nResearch and\nAdministration\nDEC 3 2604\nMr. Mark Harrison\nRef. No.: 04-0266\nRP Supervisor RW\nR.E. Ginna Nuclear Power Plant\n1503 Lake Road\nOntario, NY 14519\nDear Mr. Harrison:\nThis is in response to your November 15, 2004 letter regarding the applicability of the\npower plant. Your scenarios and questions are paraphrased and answered as follows:\nQ1. Is a private company subject to the HMR when transporting radioactive samples and\ncontaminated materials during a catastrophic failure at a nuclear power plant?\nAl. Yes. The transport of radioactive materials by a private company would be fully subject\nto the HMR, unless specifically excepted.\nQ2. Is a local government entity subject to the HMR when transporting radioactive samples\nand contaminated materials during a catastrophic failure at a nuclear power plant?\nA2. No. A local government entity that transports hazardous materials in vehicles operated\nby government personnel for non-commercial purposes is not a \"person\" for purposes of\n§ 171.2 and, therefore, is not subject to the HMR.\nthe HMR?\nQ3. Is an ambulance carrying a person contaminated with a radioactive material subject to\nA3. No. A person contaminated with a radioactive material is not an item of commerce;\ntherefore, the ambulance would not be subject to the HMR\nI hope this information is helpful. Please contact us if you require additional assistance.\nSincerely\nHathe Mother\nHattie Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n173.403\n040266\n\n<<<PAGE 2>>>\n\nSatterthwaite\n§173.403\nR.E. GINNA NUCLEAR POWER PLANT\nDefinition of RAM\n1503 LAKE ROAD\n04-0266\nONTARIO, NEW YORK 14519\nNOVEMBER, 15, 2004\nTO: Office of Hazardous Materials Standards, Research and Special Programs\nAdministration, DHM-10\nSUBJECT: Request for Guidance and Interpretation in Accordance With 49 CFR 105.20\nNuclear Power Plants are required to routinely perform mock drills with usually, a worst\ncase mock scenario of a catastrophic failure at a nuclear power plant with a release of\nradioactive material into the environment. The event involves participation by plant,\nstate, county and federal agencies. Teams of personnel from the plant and county are sent\nout to track the plume, obtain air samples, and radiation readings. This information is\nused to dose projection and develop recommendations to evacuate or shelter the public.\nOnce the release has terminated teams from the plant and county will once again be sent\nout to collect soil, water, snow, and vegetation samples in the path of plume to once again\ndevelop long term protective actions for the public. In both of the above circumstances,\nif real, plant and county personnel would be transporting radioactive samples in\npersonnel vehicles to the plant laboratory for analysis, collection, and or if the plant was\nnot available to another laboratory which could be hundreds of miles away. It is expected\nor postulated that many of these samples would meet the DOT definition of Radioactive\nMaterial. What is the DOT position on the need to package and transport in accordance\nwith DOT regulations in the above situations particularly in regards to samples being\ntransported to other laboratories?\nA second scenario would involve the transport of a radioactive contaminated patient (s)\nby ambulance to an emergency room facility. Any contaminated material from transport\nor treatment of the patient (clothing, blankets, sheets, gowns, surgical tools, etc) is\ncollected at the emergency facility. The facility does not normally have a license for the\ntype of by-product material that may come from a nuclear power plant. The material is\nexpected to meet the DOT definition of Radioactive Material. What is the DOT position\nin this event for the patient in transport and later material generated, for packaging and\ntransport in accordance with DOT regulations? Particularly for the material generated\nwhether it is to be either transported back to the plant for disposal or directly to a disposal\nfacility.\nMike Harriad\nMike Harrison\nRP Supervisor RW\n585-771-3118","truncated":false,"body_characters":4186}