Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) A waste exhibits the characteristic of
ignitability if representative samples of the waste have 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 a
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 (incorporated by reference, see section
66260.11), or a Setaflash Closed
Cup Tester, using the test method specified in ASTM Standard D-3278-78
(incorporated by reference, see section
66260.11), or as determined by an
equivalent test method approved by the Department pursuant to section
66260.21;
(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.
(A) The term "compressed gas" shall designate
any material or mixture having in the container an absolute pressure exceeding
40 p.s.i. at 70 °F or, regardless of the pressure at 70 °F, having an
absolute pressure exceeding 104 p.s.i. at 130 °F; or any liquid flammable
material having a vapor pressure exceeding 40 p.s.i. absolute at 100 °F as
determined by ASTM Test D-323.
(B)
A compressed gas shall be characterized as ignitable if any one of the
following occurs:
1. 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) or equivalent test methods approved
by the Department pursuant to section
66260.21.
2. 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.
3. Using the Bureau of Explosives' Open Drum
Apparatus (see Note 1), there is any significant propagation of flame away from
the ignition source.
4. 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).
(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 must be classed as an organic
peroxide unless:
1. The material meets the
definition of a Class A explosive or a Class B explosive, as defined in §
66261.23(a)(8),
in which case it must be classed as an explosive.
2. The material is forbidden to be offered
for transportation according to
49 CFR
172.101 and
49 CFR
173.21.
3. It is determined that the predominant
hazard of the material containing an organic peroxide is other than that of an
organic peroxide, or
4. 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 hazardous 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 § 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.
1. New
section filed 5-24-91; effective 7-1-91 (Register 91, No. 22).
2.
Change without regulatory effect repealing subsections (a)(3) and (a)(4),
adopting new subsections (a)(3)-(a)(4)(A)4. and new NOTES 1-4 and amending
subsection (b) filed 2-21-2012 pursuant to Health and Safety Code section
25159.1,
which stipulates that this revision shall be deemed a nonsubstantive change in
accordance with the provisions of section
100, title 1, California Code of
Regulations (Register 2012, No. 8).
Note: Authority cited: Sections 208,
25141
and
25159,
Health and Safety Code. Reference: Sections
25117,
25120.2,
25141,
25159
and
25159.5,
Health and Safety Code and 40 CFR Section
261.21.
