North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-02 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 33.1-24-02-11 - Characteristic of ignitability

Current through Supplement No. 393, July, 2024
1. 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.