Section 721.121  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 a flash point less than 60°C (140°F), as determined by a Pensky-Martens Closed Cup Tester, using the test method specified in ASTM D 93-85 (Standard Test Methods for Flash Point by Pensky-Martens Closed Tester),  or a Setaflash Closed Cup Tester, using the test method specified in ASTM D 3828-87, (Standard Test Methods for Flash Point of Liquids by Setaflash Closed Tester), each incorporated by reference in 35 Ill. Adm. Code 720.111(a).

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 a flammable gas, as defined in federal 49 CFR 173.115 (Class 2, Divisions 2.1, 2.2, and 2.3 – Definitions), incorporated by reference in 35 Ill. Adm. Code 720.111(b), and as determined by the test methods described in that regulation or equivalent test methods approved by the Board (35 Ill. Adm. Code 720.120).

BOARD NOTE:  Corresponding 40 CFR 261.21(a)(3) uses "ignitable compressed gas" based on the outmoded USDOT hazard class "flammable compressed gas", and it replicates the text from former 49 CFR 173.300(b) (1980) for the definition.  In 1990, USDOT replaced that former hazard class with "flammable gas", as defined at 49 CFR 173.115.  See 55 Fed. Reg. 52402, 53433 (December 21, 1990) (USDOT rulemaking replacing the old hazard class with the new one).  The Board has chosen to avoid major problems inherent to USEPA's approach (the use of obsolete methods and USDOT regulatory mechanisms for the outmoded hazard class).  The Board has instead updated the Illinois provision to correspond with the current USDOT regulations and used the "flammable gas" hazard class, together with its associated current methods.

4)         It is an oxidizer, as defined in 49 CFR 173.127 (Class 5, Division 5.1 Definition and Assignment of Packaging Groups), incorporated by reference in 35 Ill. Adm. Code 720.111(b).

BOARD NOTE:  Corresponding 40 CFR 261.21(a)(4) uses "oxidizer", and it replicates the text from former 49 CFR 173.151 (1980) for the definition.  Further, corresponding 40 CFR 261.21(a)(4) adds the definition of "organic peroxide" from former 49 CFR 173.151a to the definition of "oxidizer".  In 1990, USDOT replaced that former definition of the hazard class with a new definition at 49 CFR 173.127, which classifies an oxidizer as a Division 5.1 material.  See 55 Fed. Reg. 52402, 53433 (Dec. 21, 1990) (USDOT rulemaking replacing the old hazard class with the new one).  The Board has chosen to avoid major problems inherent to USEPA's approach (the use of obsolete methods and USDOT regulatory mechanisms for the outmoded hazard class).  The Board has instead updated the Illinois provision to correspond with the current USDOT regulations, used the "oxidizer" hazard class, together with its associated current methods, and omitted the addition of "organic peroxide" to the definition.

b)         A solid waste that exhibits the characteristic of ignitability has the USEPA hazardous waste number of D001.

(Source:  Amended at 42 Ill. Reg. 21673, effective November 19, 2018)