oEPA
UniMdSt
Environment*! Protection
Agency
OHice of
Solid Waste ana
Emergency Respons«
DIRECTIVE NUMBER: 9443.02(85)
TITLE: Clarification of the Definition of the Charac-
teristic of Ignitability for Hazardous Wastes
APPROVAL DATE: 2-26-85
EFFECTIVE DATE: 2-26-85
ORIGINATING OFFICE: office of solid waste
E FINAL
D DRAFT
LEVEL OF DRAFT
DA — Signed by AA or DAA
D B — Signed by Office Director
D C — Review & Comment
REFERENCE (other documents):
OSWER OSWER OSWER
VE DIRECTIVE DIRECTIVE Dl
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PART 261 SUBPART C - CHARACTERISTICS
DOC: 9443.02(85)
Key Words:
Regulations:
Subject:
Addressee:
Originator:
Source Doc:
Date:
Summary:
Ignitabe Wastes, Exclusions, Aqueous Waste, Paint Filter Test,
Free Liquids
Clarification of the Definition of the Characteristic of
Ignitability for Hazardous Wastes
Kevin J. Walter, Bureau of Technical Services, Division of
Environmental Enforcement, Department of Environmental Conserva-
tion, State of New York, 50 Wolf Road, Albany, NY 12233-0001
John H. Skinner, Director, Office of Solid Waste
#9443.02(85)
2-26-85
All aqueous wastes that are ignitable only because they contain alcohols
(alcohol referring to any chemical containing the hydroxyl [-OH] functional
group) are excluded from regulation. The Agency intends that the exemption of
"a liquid, other than an aqueous solution containing less than 24 percent
alcohol by volume" exclude potable beverages only.
Because of the ambiguities in the- current ignitability definition, the
Agency is developing changes to replace the alcoholic solution exclusion with
a generic exclusion for those wastes which, while possessing a flash point
below 60°C, do not continue to burn, or, if they do burn, release enough energy
to cause a major fire. Steps are also being taken to expand the ignitability
characteristic to include wastes that are physical solids.
Test method 9095 should be employed until the Agency officially adopts a
method for identifying "free liquids" for use in the land disposal regulations.
Any material passing through the paint filter is a liquid.
An "aqueous solution" is one in which water constitutes at least 50 percent
by weight of the sample. The Agency has not officially approved any test
methods for determining a waste's water content; however, a competent laboratory
should be able to make such a determination using standard techniques.
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9443.02 (85)
FEB 2 6 1985
Mr. Kevin J. Walter
Bureau of Technical Services
Division of Environmental Enforcement
Department of Environmental Conservation
State of New York
50 Wolf Road
Albany, New York 12233-0001
Dear Mr. Walter:
I an writing in response to your recent letter requesting
clarification of the definition of the characteristic of irjnit-
ability for hazardous waste*.
Your understanding that the word* "It is a liquid, other
than an aqueous solution containing less than 24 percent alcohol
by volume* were intended to exclude -alcoholic beverages, such a
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with a generic exclusion for those wastes which, while possessing
a flash point below 60*C» neither continue to burn nor, if they
do burn* release enough energy to cause a major fire. In addition,
steps are being taken to expand the ignitability characteristic
to include wastes which are physical solids. Both of these
changes will involve proposal and promulgation of specific
definitional test methods and thresholds.
I hope this information clears up any questions you may
have about the ignitability characteristic. If you have any
further questions concerning any of the hazardous waste
characteristics, please contact David Friedman, of my staff, at-.
202-382-4770.
Sincerely yours,
John H. skinner
Director
Office of Solid Waste
bcc: G. A. Lucero, WH-527
A. Corson
David Friedman
Regional Solid Waste Branch Chiefs
Hotline
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