Ohio Administrative Code|Rule 3745-51-21 | Characteristic of ignitability.

                                                
(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 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) 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."
(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) 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,
				  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."]


Last updated September 29, 2021 at 8:43 AM