(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
