Characteristic of Ignitability CFR 40 261.21

(a) A solid waste exhibit 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 Pensky-Martens Closed Cup Tester, using the test method specified in ASTM Standard D 93-79 or D93-80 (incorporated by reference, see 260.11), or a Setaflash Closed Cup Tester, using the test method specified in ASTM Standard D 3278-78 (incorporated by reference, see 260.11)
  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 as 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 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.

Generators may make process knowledge based reactivity determinations by evaluating the established process and raw materials used in the waste generation. If the generator has knowledge that a specific waste would pass or fail sample testing, no testing is required. 40 CFR 262.11(c)(2)