TITLE 40 - PROTECTION OF ENVIRONMENT

CHAPTER I - ENVIRONMENTAL PROTECTION AGENCY

SUBCHAPTER I - SOLID WASTES

PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

subpart c - CHARACTERISTICS OF HAZARDOUS WASTE

261.21 - Characteristic of ignitability.

  (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 9379 or D 9380 (incorporated by reference, see 260.11), or a Setaflash Closed Cup Tester, using the test method specified in ASTM Standard D 327878 (incorporated by reference, see 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 as defined in 49 CFR 173.300 and as determined by the test methods described in that regulation or equivalent test methods approved by the Administrator under 260.20 and 260.21.

  (4) It is an oxidizer as defined in 49 CFR 173.151.

  (b) A solid waste that exhibits the characteristic of ignitability has the EPA Hazardous Waste Number of D001.

[45 FR 33119, May 19, 1980, as amended at 46 FR 35247, July 7, 1981; 55 FR 22684, June 1, 1990; 70 FR 34561, June 14, 2005]