(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 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, see Section
R315-260-11, or a
Setaflash Closed Cup Tester, using the
test method specified in ASTM Standard D
3278-78, see Section
R315-260-11.
(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 degrees Fahrenheit or, regardless of the pressure at 70 degrees
Fahrenheit, having an absolute pressure exceeding 104 p.s.i. at 130 degrees
Fahrenheit; or any liquid flammable material having a vapor pressure exceeding
40 p.s.i. absolute at 100 degrees Fahrenheit as determined by ASTM Test
D-323.
(ii) A compressed gas shall
be characterized as ignitable if any one of the following occurs:
(A) 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.
(B)
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.
(C) Using the Bureau
of Explosives' Open Drum Apparatus, see Note 1, there is any significant
propagation of flame away from the ignition source.
(D) 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 -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 unless:
(A) The material meets the definition of a
Class A explosive or a Class B explosive, as defined in Subsection
R315-261-23(a)(8),
in which case it shall be classed as an explosive,
(B) The material is forbidden to be offered
for transportation according to
49 CFR
172.101 and 49 CFR
173.21,
(C) It is determined that the predominant
hazard of the material containing an organic peroxide is other than that of an
organic peroxide, or
(D) 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.
(b) A
solid waste that exhibits the
characteristic of ignitability has the EPA
Hazardous Waste Number of D001.
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 Section 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.
Notes
Utah Admin. Code R315-261-21
Adopted by
Utah
State Bulletin Number 2016-9, effective
4/15/2016
