(A) A
waste exhibits the characteristic of
ignitability if a representative sample of
the waste has any of the following
properties:
(1) The waste is a liquid, other
than
an aqueous
a solution containing less than twenty-four per cent
alcohol by volume
and at least fifty per cent water by
weight,
and
that has a flash point less than sixty degrees Celsius
(C) [one hundred forty degrees Fahrenheit (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," or a "Setaflash Closed
Cup Tester," using the test method specified in "ASTM Standard
D-3278-78."
using "American Society for Testing
and Materials (ASTM)" standard ASTM D93-79, D93-80, D3278-78, D8174-18, or
D8175-18 as specified in SW-846 test method 1010B or 1020C.
(2) The waste is not a liquid and, under
standard temperature and pressure, can cause fire through friction, absorption
of moisture, or spontaneous chemical changes and, when ignited, burns so
vigorously and persistently that the waste creates a hazard.
(3) The waste is an ignitable compressed gas.
(a) The term "compressed gas" designates any
materials or mixtures having in the container an absolute pressure exceeding
forty pounds per square inch (psi) at seventy degrees F or, regardless of the
pressure at seventy degrees F, having an absolute pressure exceeding one
hundred four psi at one hundred thirty degrees F; or any liquid flammable
material having a vapor pressure exceeding forty psi absolute at one hundred
degrees F as determined by
"ASTM
Test D323
D323-20a.
"
(b) A
compressed gas is characterized as ignitable if any one of the following
occurs:
(i) Either a mixture of thirteen per
cent or less (by volume) with air forms a flammable mixture, or the flammable
range with air is wider than twelve per cent regardless of the lower limit.
These limits are determined at atmospheric temperature and pressure. The method
of sampling and test procedure shall be
acceptable
to the "Bureau of Explosives" and
the ASTM
E681-85 or other equivalent methods approved by the
director of the
associate administrator, "Pipeline and Hazardous
Materials Safety Administration" of the U.S. department of transportation (U.S.
DOT)
(see [Comment 2] of this rule).
(ii) Using the "Bureau of
Explosives" flame protection apparatus (see [Comment 1] of this rule), the
flame projects more than eighteen 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 [Comment 1] of this rule), there is any
significant propagation of flame away from the ignition source.
(iv) Using the "Bureau of
Explosives" closed drum apparatus (see [Comment 1] of this rule), there is any
explosion of the vapor-air mixture in the drum.
(ii)
The compressed
gas is determined to be flammable or extremely flammable using
49 CFR
173.115(l).
(4) The waste is an
oxidizer. An "oxidizer," for the purpose of this rule, is a substance such as
chlorate, permanganate, inorganic peroxide, or a nitrate, that yields oxygen
readily to stimulate the combustion of organic matter
(see [Comment 4] of this rule).
(a) An organic compound containing the
bivalent -O-O- 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 shall be classed as an "organic peroxide"
(see [Comment 4] of this rule unless:
(i) The material meets the definition of a
"Class 1" explosive in "Division 1.1,"
"Division 1.2," or "Division 1.3
,"
explosive, as described in paragraph (A)(8) of
rule
3745-51-23 of the Administrative
Code, in which case, the material is 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) 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. DOT
(see [Comment 3] of this rule), the
material does not present a hazard in transportation.
(b) [Reserved.]
(B) A
waste that exhibits the
characteristic of ignitability has the
EPA hazardous
waste number of D001.
[Comment 1: A description of the
"Bureau of Explosives" flame projection apparatus, open drum apparatus, closed
drum apparatus, and the method of tests may be procured from the "Bureau of
Explosives" at www.boe.aar.com.]
[Comment 2: As part of a U.S. DOT
reorganization, the "Office of Hazardous Materials Technology" (OHMT), which
was the office listed in the 1980 publication of 49 CFR 173.300 to approve
sampling and test procedures for a flammable gas, ceased operations on February
20, 2005. OHMT programs moved to the "Pipeline and Hazardous Materials Safety
Administration" (PHMSA) in the U.S. DOT.]
[Comment 3: As part of a U.S. DOT
reorganization, the "Research and Special Programs Administration" (RSPA) which
was the office listed in the 1980 publication of 49 CFR 173.151a to determine
that a material does not present a hazard in transport, ceased operations on
February 20, 2005. RSPA programs moved to the "Pipeline and Hazardous Materials
Safety Administration" (PHMSA) in the U.S. DOT.]
[Comment 4: The U.S. DOT regulatory
definition of an "oxidizer" is in 49 CFR 173.127, and the definition of an
"organic peroxide" is in 49 CFR 173.128 ; see also 49 CFR 173.152 . An organic
peroxide is a type of oxidizer.]
[Comment 5: For dates of
non-regulatory government publications, publications of recognized
organizations and associations, federal rules, and federal statutory provisions
referenced in this rule, see rule
3745-50-11 of the Administrative
Code titled "Incorporated by reference."]
Notes
Ohio Admin. Code
3745-51-21
Effective:
10/23/2022
Five Year Review (FYR) Dates: Exempt
Promulgated Under:
119.03
Statutory
Authority: 3734.12
Rule
Amplifies: 3734.12
Prior
Effective Dates: 04/15/1981, 05/22/1981 (Emer.), 08/26/1981 (Emer.),
12/02/1981, 05/29/1985 (Emer.), 08/29/1985, 02/11/1992, 09/02/1997, 12/07/2004,
02/16/2009, 10/31/2015, 09/29/2021
