Section 33.1-24-02-11 - Characteristic of ignitability1. A solid waste exhibits the characteristic of ignitability if a representative sample of the waste has any of the following properties: a. It is a liquid, other than an aqueous solution containing less than twenty-four percent alcohol by volume, and has a flashpoint less than sixty degrees Celsius [140 degrees Fahrenheit], as determined by a Pensky-Martins closed cup tester, using the test method specified in American Society for Testing and Material Standard D93-79 or D93-80 (incorporated by reference, see section 33.1-24-01-05), or a setaflash closed cup tester, using the test method specified in American Society for Testing and Material Standard D3278-78 (incorporated by reference, see section 33.1-24-01-05), or a miniflash continuously closed cup tester, using the test method specified in American Society for Testing and Material D6450-99 (incorporated by reference in section 33.1-24-01-05).b. 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 that it creates a hazard.c. It is an ignitable compressed gas. (1) The term "compressed gas" shall designate any material or mixture having in the container an absolute pressure exceeding forty pounds per square inch at seventy degrees Fahrenheit or, regardless of the pressure at seventy degrees Fahrenheit, having an absolute pressure exceeding one hundred four pounds per square inch at one hundred thirty degrees Fahrenheit; or any liquid flammable material having a vapor pressure exceeding forty pounds per square inch absolute at one hundred degrees Fahrenheit as determined by ASTM Test D323.(2) A compressed gas shall be characterized as ignitable if any one of the following occurs: (a) Either a mixture of thirteen percent or less (by volume) with air forms a flammable mixture or the flammable range with air is wider than twelve percent regardless of the lower limit. These limits shall be determined at atmospheric temperature and pressure. The method of sampling and test procedure shall be acceptable to the bureau of explosives and approved by the director, pipeline and hazardous materials technology, United States department of transportation (see note 2).(b) Using the bureau of explosives' flame projection apparatus (see note 1), the flame projects more than eighteen inches beyond the ignition source with valve opened fully, or, the flame flashes back and burns at the valve with any degree of valve opening.(c) Using the bureau of explosives' open drum apparatus (see note 1), there is any significant propagation of flame away from the ignition source.(d) Using the bureau of explosives' closed drum apparatus (see note 1), there is any explosion of the vapor-air mixture in the drum.d. It is an oxidizer. An oxidizer for the purpose of this section is a substance such as a chlorate, permanganate, inorganic peroxide, or a nitrate, that yields oxygen readily to stimulate the combustion of organic matter (see note 4). (1) 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 must be classed as an organic peroxide unless: (a) The material meets the definition of a division 1.1, 1.2, or 1.3 explosive, as defined in subdivision h of subsection 1 of section 33.1-24-02-13, in which case it must be classed as an explosive;(b) The material is forbidden to be offered for transportation according to 49 CFR 172.101 and 49 CFR 173.21;(c) It is determined that the predominant hazard of the material containing an organic peroxide is other than that of an organic peroxide; or(d) According to data on file with the pipeline and hazardous materials safety administration in the United States department of transportation (see note 3), it has been determined that the material does not present a hazard in transportation.2. A solid waste that exhibits the characteristic of ignitability has the hazardous waste number of D001. Note 1: A description of the bureau of explosives' flame projection apparatus, open drum apparatus, closed drum apparatus, and method of tests may be procured from the bureau of explosives.
Note 2: As part of a United States department of transportation reorganization, the office of hazardous materials technology, which was the office listed in the 1980 publication of 49 CFR 173.300 for the purposes of approving sampling and test procedures for a flammable gas, ceased operations on February 20, 2005. Office of hazardous materials technology programs have moved to the pipeline and hazardous materials safety administration in the department of transportation.
Note 3: As part of a United States department of transportation reorganization, the research and special programs' administration, which was the office listed in the 1980 publication of 49 CFR 173.151a for the purposes of determining that a material does not present a hazard in transport, ceased operations on February 20, 2005. Research and special programs' administration programs have moved to the pipeline and hazardous materials safety administration in the department of transportation.
Note 4: The department of transportation regulatory definition of an oxidizer was contained in section 173.151 of 49 CFR, and the definition of an organic peroxide was contained in paragraph 173.151a. An organic peroxide is a type of oxidizer.
N.D. Admin Code 33.1-24-02-11
Adopted by Administrative Rules Supplement 370, October 2018, effective 1/1/2019.General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05; S.L. 2017, ch. 199, § 19