(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 an aqueous solution containing less than 24 percent
alcohol by volume and has a flash point less than 60°C (140° F), as
determined by a Pensky-Martens Closed Cup Tester, using the test method
specified in ASTM Standard D -93-79 or D -93-80 [incorporated by reference in
Rule
335-14-1-.02
(297)], or a Setaflash Closed Cup Tester, using the test method specified in
ASTM Standard D -3278-78 [incorporated by reference in Rule
335-14-1-.02
(297)].
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 70°F or, regardless of the pressure at
70°F, having an absolute pressure exceeding 104 p.s.i. at 130°F; or any
liquid flammable material having a vapor pressure exceeding 40 p.s.i. absolute
at 100°F 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 acceptable to the Bureau of Explosives and approved by
the director, Pipeline and Hazardous Materials Technology, U.S. Department of
Transportation (see Note 2).
(II)
Using the Bureau of Explosives' Flame Projection Apparatus (see Note 1), the
flame projects more than 18 inches beyond the ignition source with valve opened
fully, or, the flame flashes back and burns at the valve with any degree of
valve opening.
(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 this subchapter is a
substance such as a chlorate, permanganate, inorganic peroxide, or a nitrate,
that yields oxygen readily to stimulate the combustion of organic matter (see
Note 4).
(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
Class A explosive or a Class B explosive, as defined in 335-14-2-.03(4)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 (see Note 3), it has been determined
that the material does not present a hazard in transportation.
[Note 1: A description of the Bureau of
Explosives' Flame Projection Apparatus, Open Drum Apparatus, Closed Drum
Apparatus, and method of tests may be procured from the Bureau of
Explosives.]
[Note 2: As part of a U.S. Department of
Transportation (DOT) reorganization, the Office of Hazardous Materials
Technology (OHMT), which was the office listed in the 1980 publication of
49 CFR
173.300 for the purposes of approving
sampling and test procedures for a flammable gas, ceased operations on February
20, 2005. OHMT programs have moved to the Pipeline and Hazardous Materials
Safety Administration (PHMSA) in the DOT.]
[Note 3: As part of a U.S. Department of
Transportation (DOT) reorganization, the Research and Special Programs
Administration (RSPA), which was the office listed in the 1980 publication of
49 CFR 173.151a for the purposes of determining that a material does not
present a hazard in transport, ceased operations on February 20, 2005. RSPA
programs have moved to the Pipeline and Hazardous Materials Safety
Administration (PHMSA) in the DOT.]
[Note 4: The DOT regulatory definition of an
oxidizer was contained in §173.151 of 49 CFR, and the definition of an
organic peroxide was contained in paragraph 173.151a. An organic peroxide is a
type of oxidizer.]
(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 55°C (130°F) 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.
Authors: Stephen C. Maurer; Steven O. Jenkins;
Michael B. Champion; C. Edwin Johnson; Theresa A. Maines; Heather M. Jones;
Vernon H. Crockett
Statutory Authority:
Code of Ala.
1975, §§
22-30-10,
22-30-11.
