§261.21 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 flash point less than 60C (140F), as determined by a Pensky-Martens
Closed Cup Tester, using the test method specified in ASTM Standard D9379 or D9380
(incorporated by reference, see §260.11), or a Setaflash Closed Cup Tester, using the
test method specified in ASTM Standard D327878 (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 is 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]