Md. Code Regs. 26.13.02.11 - 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 a flash
point less than 60°C (140°F), as determined by:
(a) A Pensky-Martens Closed Cup Tester, using
the test method specified in ASTM Standard D-93-79, or D-93-80;
(b) A Setaflash Closed Cup Tester, using the
test method specified in ASTM Standard D-3278-78; or
(c) An equivalent test method approved by the
Secretary under the procedures set forth in COMAR
26.13.01.04 o A and B;
(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 described in §C(2) and (3) of this regulation; or
(4) It is an oxidizer as defined in §C(4) of
this regulation.
B. A
solid waste that exhibits the characteristic of ignitability has the EPA
Hazardous Waste Number of D001.
C.
For the purposes of this regulation:
(1)
"Aerosol" means any nonrefillable receptacle that:
(a) Contains a gas that has been compressed,
liquefied, or dissolved under pressure, the sole purpose of which is to expel a
liquid, paste, or powder that is:
(i)
Nonpoisonous, that is, it is not a poisonous material under
49 CFR §
173.132; or
(ii) A Division 6.1 Packing Group III
material under 49 CFR §
173.133; and
(b) Is fitted with a self-closing release
device that allows the contents of the receptacle to be ejected by the gas
described in §C(1)(a) of this regulation;
(2) "Compressed gas" means:
(a) A contained material or mixture that has
within the container:
(i) An absolute pressure
exceeding 40 pounds per square inch at 70°F; or
(ii) An absolute pressure exceeding 104
pounds per square inch at 130°F regardless of the pressure at 70°F;
or
(b) Any liquid
flammable material having a vapor pressure exceeding 40 pounds per square inch
absolute at 100°F as determined by the test method in
40 CFR §
261.21(a)(3)(i);
(3) A compressed gas shall be
characterized as ignitable if any of the following criteria are met:
(a) At atmospheric temperature and pressure,
using the test method identified in
49 CFR §
173.115(a), either:
(i) A mixture of 13 percent or less by volume
of the gas with air forms a flammable mixture; or
(ii) The flammable range for mixtures of the
gas with air is wider than 12 percent regardless of the lower limit;
(b) It meets the definition of
"flammable gas (Division 2.1)" under
49 CFR §
173.115(a); or
(c) It is an aerosol as described in §C(1) of
this regulation and any of the following criteria are met:
(i) The compressed gas meets the definition
of "flammable gas (Division 2.1)" under
49 CFR §
173.115(a) and
(k);
(ii) Using the test procedure with the Bureau
of Explosives' Flame Projection Apparatus described in Regulation .11-1 of this
chapter, the flame projects more than 18 inches beyond the ignition source with
the valve opened fully, or the flame flashes back and burns at the valve with
any degree of valve opening;
(iii)
Using the test procedure with the Bureau of Explosives' Open Drum Apparatus
described in Regulation .11-1 of this chapter, there is any significant
propagation of flame away from the ignition source; or
(iv) Using the test procedure with the Bureau
of Explosives' Closed Drum Apparatus described in Regulation .11-1 of this
chapter, there is any explosion of the vapor-air mixture in the drum;
(4) "Oxidizer" means a
substance such as a chlorate, permanganate, inorganic peroxide, organic
peroxide, or a nitrate that yields oxygen readily to stimulate the combustion
of organic matter; and
(5) "Organic
peroxide":
(a) Means 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; and
(b) Does not include a material that:
(i) Meets the definition of a Class A or
Class B explosive, as described in Regulation .13C of this chapter, in which
case the material is classed as an explosive;
(iii) Contains an organic peroxide but it is
determined that the predominant hazard of the material is other than that of an
organic peroxide; or
(iv) Does not
present a hazard in transportation according to data on file with the U.S.
Department of Transportation Pipeline and Hazardous Materials Safety
Administration, or its successor agency.
Agency Note: ASTM Standards are available from ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA, 19428.
Notes
Regulation .11 amended effective May 1, 2008 (35:8 Md. R. 809)
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