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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

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 a solution containing less than twenty-four per cent alcohol by volume and at least fifty per cent water by weight, that has a flash point less than sixty degrees Celsius (C) [one hundred forty degrees Fahrenheit (F)], as determined by using "American Society for Testing and Materials (ASTM)" standard ASTM D93-79, D93-80, D3278-78, D8174-18, or D8175-18 as specified in SW-846 test method 1010B or 1020C.

(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 D323-20a.

(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 the ASTM E681-85 or other equivalent methods approved by the associate administrator, "Pipeline and Hazardous Materials Safety Administration" of the U.S. department of transportation (U.S. DOT).

(ii) The compressed gas is determined to be flammable or extremely flammable using 49 CFR 173.115(l).

(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.

(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" unless:

(i) The material meets the definition of a "Division 1.1," "Division 1.2," or "Division 1.3" explosive, 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, 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: 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 October 24, 2022 at 8:46 AM

Supplemental Information

Authorized By: 3734.12
Amplifies: 3734.12
Five Year Review Date: 6/26/2021
Prior Effective Dates: 4/15/1981, 5/22/1981 (Emer.), 8/26/1981 (Emer.), 12/2/1981, 5/29/1985 (Emer.), 8/29/1985, 2/11/1992, 9/2/1997, 12/7/2004, 2/16/2009, 10/31/2015, 9/29/2021