Section Env-Hw 403.03 - Ignitability(a) A waste that exhibits the characteristic of ignitability shall be assigned the EPA hazardous waste number of D001.(b) A waste shall be classified under these rules as ignitable if a representative sample of the waste has any of the following characteristics: (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, available as noted in Appendix B;b. A Setaflash Closed Cup Tester, using the test method specified in ASTM Standard D-3278-78, available as noted in Appendix B; orc. An equivalent test method approved by the administrator of EPA pursuant to 40 CFR 260.20 and 40 CFR 260.21;(2) It is not a liquid and is capable, under standard temperatures and pressure, of causing fire through friction, absorption of moisture, or spontaneous chemical changes, and when ignited, it burns so vigorously and persistently that it creates a hazard;(3) It is an ignitable compressed gas as specified in 40 CFR 261.21(a)(3); or(4) It is an oxidizer as specified in 40 CFR 261.21(a)(4).N.H. Admin. Code § Env-Hw 403.03
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for Env-Hw 400) ss by #9367, eff 1-28-09
Amended by Volume XXXVII Number 32, Filed August 10, 2017, Proposed by #12346, Effective 8/14/2017, Expires 8/14/2027.Amended by Volume XXXIX Number 50, Filed December 12, 2019, Proposed by #12922, Effective 11/23/2019, Expires 11/23/2029.