[Code of Federal Regulations]
[Title 40, Volume 25]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR261.21]

[Page 62]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 261_IDENTIFICATION AND LISTING OF HAZARDOUS WASTE--Table of Contents
 
              Subpart C_Characteristics of Hazardous Waste
 
Sec. 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 
[deg]C (140 [deg]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 Sec. 260.11), or a Setaflash 
Closed Cup Tester, using the test method specified in ASTM Standard D-
3278-78 (incorporated by reference, see Sec. 260.11), or as determined 
by an equivalent test method approved by the Administrator under 
procedures set forth in Sec. Sec. 260.20 and 260.21.
    (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 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 Sec. Sec. 
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]

    Effective Date Note: At 70 FR 34561, June 14, 2005, Sec. 261.21 was 
amended by revising paragraph (a)(1), effective July 14, 2005. For the 
convenience of the user, the revised text is set forth as follows:

Sec. 261.21  Characteristic of ignitability.

    (a) * * *
    (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 
[deg]C (140 [deg]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 Sec. 260.11), or a Setaflash 
Closed Cup Tester, using the test method specified in ASTM Standard D 
3278-78 (incorporated by reference, see Sec. 260.11).

                                * * * * *