Step 2C:

0400-12-01-.02(3)(b) Characteristic of Ignitability [40 CFR 261.21]

1. A solid waste exhibits the characteristic of ignitability if a representative sample
of the waste has any of the following properties:

(i) 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 40 CFR
260.11; Rule 0400-12-01-.01(2)(b)1), or a Setaflash Closed Cup Tester, 
using the test method specified in ASTM Standard D 3278-78 (see 40 CFR
260.11; Rule 0400-12-01-.01(2)(b)1).

(ii) 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.

(iii) 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 [deg] F or, regardless of the pressure at 70 [deg] F, having an
absolute pressure exceeding 104 p.s.i. at 130 [deg] F; or any liquid
flammable material having a vapor pressure exceeding 40 p.s.i.
absolute at 100 [deg] F as determined by ASTM Test D-323.

(II) A compressed gas shall be characterized as ignitable if any one of
the following occurs:

I. 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).

II. 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.

III. Using the Bureau of Explosives’ Open Drum Apparatus (see
Note 1), there is any significant propagation of flame away
from the ignition source.

IV. Using the Bureau of Explosives’ Closed Drum Apparatus (see
Note 1), there is any explosion of the vapor-air mixture in the
drum.

(iv) It is an oxidizer.

An oxidizer for the purpose of this rule 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 must be classed as an organic peroxide unless:

I. The material meets the definition of a Class A explosive or a
Class B explosive, as defined in subpart (3)(d)1(viii) of this
rule, in which case it must be 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. It is determined that 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. Department of
Transportation (see Note 3), it has been determined that the
material does not present a hazard in transportation.

2. A solid waste that exhibits the characteristic of ignitability has the Hazardous
Waste Code 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 Sec.
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.