Md. Code Regs. 26.13.02.11

Current through Register Vol. 51, No. 11, May 31, 2024

Section 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;

(ii) Is forbidden to be offered for transportation by 49 CFR § 172.101 or 49 CFR § 173.21;

(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.

Md. Code Regs. 26.13.02.11

Regulations .11 adopted as an emergency provision effective November 18, 1980 (7:25 Md. R. S-1); adopted permanently effective April 3, 1981 (8:7 Md. R. 642)
Regulation .11 amended effective May 1, 2008 (35:8 Md. R. 809)