Q1. Does the HMR identify a "transfer facility" in a fashion similar to how it is defined in 40 CFR § 260.10?

A1. The HMR does not specifically define a "transfer facility," neither in a fashion similar to the definition found in 40 CFR § 260.10 or otherwise.

Q2. Does the HMR permit storage incidental to movement of a hazardous waste at a "transfer facility" as it is defined in 40 CFR § 260.10 in the same manner as allowed in 40 CFR § 263.12?

A2. The HMR permits storage incidental to movement of a hazardous material, including a hazardous waste, as provided under 49 CFR 171.1, notwithstanding the definition of a "transfer facility," nor the manner of storage specified in the regulations of the EPA.

The HMR governs the safe transportation of hazardous materials in commerce. The Federal Hazardous Materials Transportation Law (Federal Hazmat Law) defines "transportation" in 49 U.S.C. 5101(12) as "the movement of property and loading, unloading, and storage incidental to movement." A hazardous material is "in transportation" and, therefore, subject to applicable requirements of the HMR from the time it is offered for transportation until the time that it reaches its final destination, provided the hazardous material is not repackaged. It should be noted that as provided in § 171.7(e) of the HMR, each facility at which pre-transportation or transportation functions are performed in accordance with the HMR may be subject to applicable standards and regulations of other Federal agencies (e.g. EPA requirements).

Q3. Does the HMR permit the storage incidental to movement of a hazardous material, other than a hazardous waste, at a "transfer facility" provided it is in compliance with all of the applicable requirements of the HMR?

A3. See A2.

Q4. How many days may a hazardous material remain in storage incidental to movement at a "transfer facility"?

A4. The HMR does not limit the amount of time a hazardous material may remain in storage incidental to movement. However, under § 174.14 for shipments made by rail a carrier must forward each shipment of hazardous materials promptly and within 48 hours (Saturdays, Sundays, and holidays excluded), after acceptance at the originating point or receipt at any yard, transfer station, or interchange point, except that where biweekly or weekly service only is performed, a shipment of hazardous materials must be forwarded on the first available train.

Q5. How many times may a hazardous material remain in storage incidental to movement at a "transfer facility"?

A5. The HMR does not limit the number of times a hazardous material may be placed in storage incidental to movement.