(A) A waste exhibits the characteristic of
ignitability if a representative sample of the waste has any of the following
properties:
(1)
it
The waste is a
liquid, other than an aqueous solution containing less than twenty-four per
cent alcohol by volume, and 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."
(2)
it
The waste is not a
liquid and
is capable, under standard
temperature and pressure,
of causing
can cause fire through friction, absorption of
moisture, or spontaneous chemical changes and, when ignited, burns so
vigorously and persistently that
it
The waste creates a hazard.
(3)
it
The waste is an
ignitable compressed gas.
(a) The term
"compressed gas" designates any
material
materials or
mixture
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
D-323
D323."
(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 approved by the director of the "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.
(4)
it
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," as described in paragraph (A)(8) of rule
3745-51-23
of the Administrative Code, in which case,
it shall
be
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)
It is
determined that the
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),
it has been determined that the material
does not present a hazard in transportation.
(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
for the
purposes of approving
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 173.151 afor the purposes
of determining
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:
9/29/2021
Five Year Review (FYR) Dates:
6/7/2021 and 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
