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Proposed Rule: Modernizing Ignitable Liquids Determinations

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Rule Summary

EPA is proposing changes to the hazardous waste regulations that will modernize how the hazardous waste characteristic of ignitability is determined under the Resource Conservation and Recovery Act. The proposal will also allow the use of non-mercury thermometers in a variety of EPA’s analytical methods that currently require mercury thermometers. These proposed amendments, when finalized, will allow for the use of modern equipment and techniques for making ignitability determinations for waste. In addition, these changes will reduce potential mercury exposures to humans and the environment by reducing the overall use of mercury-containing products.  

This rule also proposes amendments to clarify certain issues related to the ignitability characteristic, including the exclusion for certain ignitable liquids containing alcohol, as well as how to properly sample wastes containing multiple phases. These changes would codify long-standing guidance, which would provide clarity and more certainty for the regulated community.

It is expected that the implementation of these new and improved methods will not affect the analytical results when compared to the current methods. The proposed rule includes studies conducted by the American Society for Testing and Materials (ASTM), the National Institute of Standards & Technology, and others that confirm this.

EPA sought input from waste generators, laboratories, state officials, trade associations and members of the public on these proposed changes in a 60-day comment period that ended on June 3, 2019. EPA is currently reviewing comments.

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Rule History

The ignitability characteristic was originally proposed in 1978, finalized in 1980 and revised in 1981. These regulations were included in 40 CFR Parts 260 and 261, and they defined the ignitability characteristic and incorporated Pensky-Martens and Setaflash as the required tests for ignitable hazardous waste determinations.

ASTM committees have updated these test methods multiple times to improve the standards and incorporate modernized technology practices, but the RCRA regulations still require the use of the test methods listed in the 1980 and 1981 regulations.

Due to the scientific and technological advances over the last few decades, certain test methods have become outdated, and their use presents several challenges to the regulated community. This proposed rule would offer flexibility and cost savings to the regulated community by allowing the use of additional test procedures that use more readily available, modern laboratory equipment.

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Additional Resources

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