# R.E. Ginna Nuclear Power Plan — Hazardous Materials Safety Interpretation

- **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:** Not available
- **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>>>

DEC 3
2004
of Transportation
U.S. Department
400 Seventh St., S.W.
Washington, D.C. 20590
Special Programs
Research and
Administration
DEC 3 2604
Mr. Mark Harrison
Ref. No.: 04-0266
RP Supervisor RW
R.E. Ginna Nuclear Power Plant
1503 Lake Road
Ontario, NY 14519
Dear Mr. Harrison:
This is in response to your November 15, 2004 letter regarding the applicability of the
power plant. Your scenarios and questions are paraphrased and answered as follows:
Q1. Is a private company subject to the HMR when transporting radioactive samples and
contaminated materials during a catastrophic failure at a nuclear power plant?
Al. Yes. The transport of radioactive materials by a private company would be fully subject
to the HMR, unless specifically excepted.
Q2. Is a local government entity subject to the HMR when transporting radioactive samples
and contaminated materials during a catastrophic failure at a nuclear power plant?
A2. No. A local government entity that transports hazardous materials in vehicles operated
by government personnel for non-commercial purposes is not a "person" for purposes of
§ 171.2 and, therefore, is not subject to the HMR.
the HMR?
Q3. Is an ambulance carrying a person contaminated with a radioactive material subject to
A3. No. A person contaminated with a radioactive material is not an item of commerce;
therefore, the ambulance would not be subject to the HMR
I hope this information is helpful. Please contact us if you require additional assistance.
Sincerely
Hathe Mother
Hattie Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards
173.403
040266

<<<PAGE 2>>>

Satterthwaite
§173.403
R.E. GINNA NUCLEAR POWER PLANT
Definition of RAM
1503 LAKE ROAD
04-0266
ONTARIO, NEW YORK 14519
NOVEMBER, 15, 2004
TO: Office of Hazardous Materials Standards, Research and Special Programs
Administration, DHM-10
SUBJECT: Request for Guidance and Interpretation in Accordance With 49 CFR 105.20
Nuclear Power Plants are required to routinely perform mock drills with usually, a worst
case mock scenario of a catastrophic failure at a nuclear power plant with a release of
radioactive material into the environment. The event involves participation by plant,
state, county and federal agencies. Teams of personnel from the plant and county are sent
out to track the plume, obtain air samples, and radiation readings. This information is
used to dose projection and develop recommendations to evacuate or shelter the public.
Once the release has terminated teams from the plant and county will once again be sent
out to collect soil, water, snow, and vegetation samples in the path of plume to once again
develop long term protective actions for the public. In both of the above circumstances,
if real, plant and county personnel would be transporting radioactive samples in
personnel vehicles to the plant laboratory for analysis, collection, and or if the plant was
not available to another laboratory which could be hundreds of miles away. It is expected
or postulated that many of these samples would meet the DOT definition of Radioactive
Material. What is the DOT position on the need to package and transport in accordance
with DOT regulations in the above situations particularly in regards to samples being
transported to other laboratories?
A second scenario would involve the transport of a radioactive contaminated patient (s)
by ambulance to an emergency room facility. Any contaminated material from transport
or treatment of the patient (clothing, blankets, sheets, gowns, surgical tools, etc) is
collected at the emergency facility. The facility does not normally have a license for the
type of by-product material that may come from a nuclear power plant. The material is
expected to meet the DOT definition of Radioactive Material. What is the DOT position
in this event for the patient in transport and later material generated, for packaging and
transport in accordance with DOT regulations? Particularly for the material generated
whether it is to be either transported back to the plant for disposal or directly to a disposal
facility.
Mike Harriad
Mike Harrison
RP Supervisor RW
585-771-3118
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