(1)
General.
(a) A solid
waste, as defined in
335-14-2-.01(2),
which is not excluded from regulation as a hazardous waste under
335-14-2-.01(4)(b),
is a hazardous waste if it exhibits any of the characteristics identified in
335-14-2-.03.
(b) A hazardous waste which is identified by
a characteristic in
335-14-2-.03 is assigned every
EPA Hazardous Waste Number that is applicable as set forth in
335-14-2-.03. This number must be
used in complying with the notification requirements of Section 3010 of the
RCRA and all applicable recordkeeping and reporting requirements under Chapters
335-14-3 through 335-14-6, 335-14-8 and 335-14-9.
(c) For purposes of
335-14-2-.03, the Department will
consider a sample obtained using any of the applicable sampling methods
specified in 335-14-2 -Appendix I to be a representative sample within the
meaning of Chapter 335-14-1.
(2)
Characteristic of
ignitability.
(a) A solid waste
exhibits the characteristic of ignitability if a representative sample of the
waste has any of the following properties:
1.
It is a liquid, other than a solution containing less than 24 percent alcohol
by volume and at least 50 percent water by weight, that has a flash point less
than 60°C (140° F), as determined by using one of the following ASTM
standards: D-93-79, D-93-80, D-3278-78, D-8174-18, or D-8175-18 as specified in
SW-846 Test Methods 1010B or 1020C [incorporated by reference in
335-14-1-.02(2)]
.
2. It is not a liquid and is
capable, under standard temperature and pressure, of causing fire through
friction, absorption of moisture, or spontaneous chemical changes and, when
ignited, burns so vigorously and persistently that it creates a
hazard.
3. It is an ignitable
compressed gas.
(i) The term "compressed gas"
shall designate any material or mixture having in the container an absolute
pressure exceeding 40 p.s.i. at 70ºF or, regardless of the pressure at
70ºF, having an absolute pressure exceeding 104 p.s.i. at 130ºF; or
any liquid flammable material having a vapor pressure exceeding 40 p.s.i.
absolute at 100ºF as determined by ASTM Test D-323.
(ii) A compressed gas shall be characterized
as ignitable if any one of the following occurs:
(I) Either a mixture of 13 percent or less
(by volume) with air forms a flammable mixture or the flammable range with air
is wider than 12 percent regardless of the lower limit. These limits shall be
determined at atmospheric temperature and pressure. The method of sampling and
test procedure shall be the ASTM E 681-85 [incorporated by reference in
335-14-1-.02(2)],
or other equivalent methods approved by the Associate Administrator, Pipeline
and Hazardous Materials Safety Administration, U.S. Department of
Transportation.
(II) It is
determined to be flammable or extremely flammable using
49 CFR
173.115(l).
(III) Using the Bureau of Explosives' Open
Drum Apparatus (see Note 1), there is any significant propagation of flame away
from the ignition source.
(IV)
Using the Bureau of Explosives' Closed Drum Apparatus (see Note 1), there is
any explosion of the vapor-air mixture in the
drum.
4. It is
an oxidizer. An oxidizer for the purpose of
335-14-2-.03(2)
is a substance such as a chlorate, permanganate, inorganic peroxide, or a
nitrate, that yields oxygen readily to stimulate the combustion of organic
matter.
(i) An organic compound containing
the bivalent -0-0-structure and which may be considered a derivative of
hydrogen peroxide where one or more of the hydrogen atoms have been replaced by
organic radicals must be classed as an organic peroxide unless:
(I) The material meets the definition of a
Division 1.1, 1.2 or 1.3 explosive, as defined in
335-14-2-.03(4)(a)8.,
in which case it must be classed as an explosive,
(II) The material is forbidden to be offered
for transportation according to
49 CFR
172.101 and
49 CFR
173.21,
(III) It is determined that the predominant
hazard of the material containing an organic peroxide is other than that of an
organic peroxide, or
(IV) According
to data on file with the Pipeline and Hazardous Materials Safety Administration
in the U.S. Department of Transportation, it has been determined that the
material does not present a hazard in transportation.
(b) A solid waste that
exhibits the characteristic of ignitability has the EPA Hazardous Waste Number
of D001.
(3)
Characteristic of corrosivity.
(a) A solid waste exhibits the characteristic
of corrosivity if a representative sample of the waste has either of the
following properties:
1. It is aqueous and has
a pH less than or equal to 2 or greater than or equal to 12.5, as determined by
a pH meter using Method 9040 in "Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods," EPA Publication SW-846, as incorporated by
reference in Rule
335-14-1-.02 (297).
2. It is a liquid and corrodes steel (SAE
1020) at a rate greater than 6.35 mm (0.250 inch) per year at a test
temperature of 55ºC (130ºF) as determined by Method 1110A in "Test
Methods for Evaluating Solid Waste, Physical/ Chemical Methods," EPA
Publication SW-846, and as incorporated by reference in Rule
335-14-1-.02
(297).
(b) A solid waste
that exhibits the characteristic of corrosivity has the EPA Hazardous Waste
Number of D002.
(4)
Characteristic of reactivity.
(a) A solid waste exhibits the characteristic
of reactivity if a representative sample of the waste has any of the following
properties:
1. It is normally unstable and
readily undergoes violent change without detonating.
2. It reacts violently with water.
3. It forms potentially explosive mixtures
with water.
4. When mixed with
water, it generates toxic gases, vapors, or fumes in a quantity sufficient to
present a danger to human health or the environment.
5. It is a cyanide or sulfide bearing waste
which, when exposed to pH conditions between 2 and 12.5, can generate toxic
gases, vapors, or fumes in a quantity sufficient to present a danger to human
health or the environment.
6. It is
capable of detonation or explosive reaction if it is subjected to a strong
initiating source or if heated under confinement.
7. It is readily capable of detonation or
explosive decomposition or reaction at standard temperature and
pressure.
8. It is a forbidden
explosive as defined in 49
CFR §
173.54, or is a Division 1.1, 1.2,
or 1.3 explosive as defined in
49 CFR §§
173.50 and
173.53.
(b) A solid waste that exhibits the
characteristic of reactivity has the EPA Hazardous Waste Number of
D003.
(5)
Characteristic of Toxicity.
(a) A solid waste, except manufactured gas
plant waste, exhibits the characteristic of toxicity if, using the Toxicity
Characteristic Leaching Procedure, test Method 1311 in "Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods", EPA publication SW-846, as
incorporated by reference in Rule
335-14-1-.02 (297), the extract
from a representative sample of the waste contains any of the contaminants
listed in Table 1 at the concentration equal to or greater than the respective
value given in that Table. Where the waste contains less than 0.5 percent
filterable solids, the waste itself, after filtering using the methodology
outlined in Method 1311, is considered to be the extract for the purpose of
335-14-2-.03(5).
(b) A solid waste that exhibits the
Characteristic of toxicity has the EPA Hazardous Waste Number specified in
Table 1 which corresponds to the toxic contaminant causing it to be hazardous.
TABLE 1
MAXIMUM CONCENTRATION OF CONTAMINANTS FOR THE TOXICITY
CHARACTERISTIC
|
EPA HW
No.1
|
Contaminant
|
CAS
No.2
|
Regulatory Level (mg/L)
|
|
D004
|
Arsenic
|
7440-38-2
|
5.0
|
|
D005
|
Barium
|
7440-39-3
|
100.0
|
|
D018
|
Benzene
|
71-43-2
|
0.5
|
|
D006
|
Cadmium
|
7440-43-9
|
1.0
|
|
D019
|
Carbon tetrachloride
|
56-23-5
|
0.5
|
|
D020
|
Chlordane
|
57-74-9
|
0.03
|
|
D021
|
Chlorobenzene
|
108-90-7
|
100.0
|
|
D022
|
Chloroform
|
67-66-3
|
6.0
|
|
D007
|
Chromium
|
7440-47-3
|
5.0
|
|
D023
|
o-Cresol
|
95-48-7
|
200.04
|
|
D024
|
m-Cresol
|
108-39-4
|
200.04
|
|
D025
|
p-Cresol
|
106-44-5
|
200.04
|
|
D026
|
Cresol
|
----
|
200.04
|
|
D016
|
2,4-D
|
94-75-7
|
10.0
|
|
D027
|
1,4-Dichlorobenzene
|
106-46-7
|
7.5
|
|
D028
|
1,2-Dichloroethane
|
107-06-2
|
0.5
|
|
D029
|
1,1-Dichloroethylene
|
75-35-4
|
0.7
|
|
D030
|
2,4-Dinitrotoluene
|
121-14-2
|
0.133
|
|
D012
|
Endrin
|
72-20-8
|
0.02
|
|
D031
|
Heptachlor (and itsepoxide
|
76-44-8
|
0.008
|
|
D032
|
Hexachlorobenzene
|
118-74-1
|
0.133
|
|
D033
|
Hexachlorobutadiene
|
87-68-3
|
0.5
|
|
D034
|
Hexachloroethane
|
67-72-1
|
3.0
|
|
D008
|
Lead
|
7439-92-1
|
5.0
|
|
D013
|
Lindane
|
58-89-9
|
0.4
|
|
D009
|
Mercury
|
7439-97-6
|
0.2
|
|
D014
|
Methoxychlor
|
72-43-5
|
10.0
|
|
D035
|
Methyl ethyl ketone
|
78-93-3
|
200.0
|
|
D036
|
Nitrobenzene
|
98-95-3
|
2.0
|
|
D037
|
Pentachlorophenol
|
87-86-5
|
100.0
|
|
D038
|
Pyridine
|
110-86-1
|
5.03
|
|
D010
|
Selenium
|
7782-49-2
|
1.0
|
|
D011
|
Silver
|
7440-22-4
|
5.0
|
|
D039
|
Tetrachloroethylene
|
127-18-4
|
0.7
|
|
D015
|
Toxaphene
|
8001-35-2
|
0.5
|
|
D040
|
Trichloroethylene
|
79-01-6
|
0.5
|
|
D041
|
2,4,5-Trichlorophenol
|
95-95-4
|
400.0
|
|
D042
|
2,4,6-Trichlorophenol
|
88-06-2
|
2.0
|
|
D017
|
2,4,5-TP (Silvex)
|
93-72-1
|
1.0
|
|
D043
|
Vinyl chloride
|
75-01-4
|
0.2
|
1 Hazardous waste number.
2 Chemical abstracts service
number.
3 Quantitation limit is greater
than the calculated regulatory level. The quantitation limit therefore becomes
the regulatory level.
4 If o-, m-, and p-Cresol
concentrations cannot be differentiated, the total cresol (D026) concentration
is used. The regulatory level of total cresol is 200 mg/l.
Notes
Ala. Admin. Code r. 335-14-2-.03
November 19, 1980.
Amended: April 9, 1986; August 24, 198 9; December 6, 1990; January 1, 1993.
Amended: Filed November 30, 1994; effective January 5, 1995. Amended: Filed
February 20, 1998; effective March 27, 1998. Amended: Filed March 9, 2001;
effective April 13, 2001. Amended: Filed March 13, 2003; effective April 17,
2003. Amended: Filed February 28, 2006; effective April 4, 2006. Amended: Filed
February 27, 2007; effective April 3, 2007. Amended: Filed April 22, 2008;
effective May 27, 2008. Amended: Filed February 24, 2009; effective March 31,
2009. Amended: Filed February 23, 2011; effective March 30, 2011.
Amended by
Alabama
Administrative Monthly Volume XXXVI, Issue No. 05, February 28,
2018, eff. 4/6/2018.
Amended by
Alabama
Administrative Monthly Volume XLI, Issue No. 07, April 28, 2023,
eff. 6/12/2023.
Author: Stephen C. Maurer; Steven O. Jenkins;
Michael B. Champion; C. Edwin Johnson; Theresa A. Maines; Heather M. Jones;
Vernon H. Crockett; Jonah L. Harris.
Statutory Authority:
Code of Ala.
1975, §§
22-30-10,
22-30-11.
