Subpart
C
§261.20 General.
(a) A solid waste, as defined in §261.2, which is not excluded
from regulation as a hazardous waste under §261.4(b), is a
hazardous waste if it exhibits any of the characteristics
identified in this subpart.
(Comment: §262.11 of this chapter sets forth the generator's
responsibility to
determine whether his waste exhibits one or more of the
characteristics identified in
this subpart)
(b) A hazardous waste which is identified by a characteristic in
this subpart is assigned every EPA Hazardous Waste Number that is
applicable as set forth in this subpart. This number must be used
in complying with the notification requirements of section 3010
of the Act and all applicable recordkeeping and reporting
requirements under Parts 262 through 265, 268, and 270 of this
chapter.
(c) For purposes of this subpart, the Administrator will consider
a sample obtained using any of the applicable sampling methods
specified in appendix I to be a representative sample within the
meaning of Part 260 of this chapter.
(Comment: Since the appendix I sampling methods are not being
formally adopted by the Administrator, a person who desires to
employ an alternative sampling method is not required to
demonstrate the equivalency of his method under the procedures
set forth in §§260.20 and 260.21.)
(45 FR 33119, May 19, 1980, as amended at 51 FR 40636, Nov. 7,
1986; 55 FR 22684, June 1, 1990; 56 FR 3876, Jan. 31, 1991)
§261.21 Characteristic of ignitability.
(a) A solid waste exhibits the characteristic of ignitability if
a 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 C (140 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 §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), or as determined by an equivalent test method approved
by the Administrator under procedures set forth in §§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 §§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)
§261.22 Characteristic of corrosivity.
(a) A solid waste exhibits the characteristic of corrosivity if a
representative sample of the waste has either of the following
properties:
(1) It is aqueous and has a pH less than or equal to 2 or greater
than or equal to 12.5, as determined by a pH meter using either
an EPA test method or an equivalent test method approved by the
Administrator under the procedures set forth in §§260.20 and
260.21. The EPA test method for pH is specified as Method 5.2 in
"Test Methods for the Evaluation of Solid Waste,
Physical/Chemical Methods'' (incorporated by reference, see
§260.11).
(2) It is a liquid and corrodes steel (SAE 1020) at a rate
greater than 6.35 mm (0.250 inch) per year at a test temperature
of 55 C (130 F) as determined by the test method specified in
NACE (National Association of Corrosion Engineers) Standard
TM-01-69 as standardized in "Test Methods for the Evaluation
of Solid Waste, Physical/Chemical Methods'' (incorporated by
reference, see 260.11) or an equivalent test method approved by
the Administrator under the procedures set forth in §§260.20
and 260.21.
(b) A solid waste that exhibits the characteristic of corrosivity
has the EPA Hazardous Waste Number of D002.
(45 FR 33119, May 19, 1980, as amended at 46 FR 35247, July 7,
1981; 55 FR 22684, June 1, 1990)
§261.23 Characteristic of reactivity.
(a) A solid waste exhibits the characteristic of reactivity if a
representative sample of the waste has any of the following
properties:
(1) It is normally unstable and readily undergoes violent change
without detonating.
(2) It reacts violently with water.
(3) It forms potentially explosive mixtures with water.
(4) When mixed with water, it generates toxic gases, vapors or
fumes in a quantity sufficient to present a danger to human
health or the environment.
(5) It is a cyanide or sulfide bearing waste which, when exposed
to pH conditions between 2 and 12.5, can generate toxic gases,
vapors or fumes in a quantity sufficient to present a danger to
human health or the environment.
(6) It is capable of detonation or explosive reaction if it is
subjected to a strong initiating source or if heated under
confinement.
(7) It is readily capable of detonation or explosive
decomposition or reaction at standard temperature and pressure.
(8) It is a forbidden explosive as defined in 49 CFR §173.51, or
a Class A explosive as defined in 49 CFR §173.53 or a Class B
explosive as defined in 49 CFR §173.88.
(b) A solid waste that exhibits the characteristic of reactivity
has the EPA Hazardous Waste Number of D003.
(45 FR 33119, May 19, 1980, as amended at 55 FR 22684, June 1,
1990)
§261.24 Toxicity characteristic.
(a) A solid waste exhibits the characteristic of toxicity if,
using the test methods described in appendix II or equivalent
methods approved by the Administrator under the procedures set
forth in §§260.20 and 260.21, the extract from a representative
sample of the waste contains any of the contaminants listed in
table 1 at the concentration equal to or greater than the
respective value given in that table. Where the waste contains
less than 0.5 percent filterable solids, the waste itself, after
filtering using the methodology outlined in appendix II, is
considered to be the extract for the purpose of this section.
(b) A solid waste that exhibits the characteristic of toxicity
has the EPA Hazardous Waste Number specified in Table I which
corresponds to the toxic contaminant causing it to be hazardous.
Table 1_Maximum Concentration of Contaminants for the Toxicity
Characteristic
TABLE/GRAPH OMITTED
(55 FR 11862, Mar. 29, 1990, as amended at 55 FR 22684, June 1,
1990; 55 FR 26987, June 29, 1990)