RCRA REVISION CHECKLIST 243

Modernizing Ignitable Liquids Determinations 
85 FR 40594-40608
	July 7, 2020
(RCRA Cluster XXIX, Non-HSWA)

Name of State:  

State Statutory Authority: 

Title of Regulations:  							Effective Date:   

Date Checklist Completed:  

	FEDERAL REQUIREMENTS	FEDERAL RCRA CITATION	ANALOGOUS STATE CITATION	STATE ANALOG IS:	
				EQUIV-ALENT	LESS
STRIN-
GENT	MORE STRIN-GENT	BROADER IN SCOPE	
	PART 260 — HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL	
	Subpart B — Definitions	
	Revise section title to read as follows: Incorporation by reference.	260.11 Title						
	When used in parts 260 through 268 of this chapter, the following materials are incorporated by reference with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved materials are available for inspection at the OLEM Docket in the Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW., Washington, DC. The EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number of the EPA/DC Public Reading room is (202) 566-1744, and the telephone number for the OLEM Docket is (202) 566-0270. These approved materials are available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email fedreg.legal@nara.gov or go to www.archives.gov/federal-register/cfr/ibr-locations.html. In addition, these materials are available from the following sources: 	260.11 introductory paragraph						
	American Petroleum Institute (API). 1220 L Street, Northwest, Washington, DC 20005, (855) 999-9870, www.api.org.	260.11(a) 						
	API Publication 2517, Third Edition, February 1989, “Evaporative Loss from External Floating-Roof Tanks,” IBR approved for §265.1084.	260.11(a)(1)						
	[Reserved]	260.11(a)(2)						
	ASTM International (ASTM). 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959, (877) 909-ASTM, www.astm.org.	260.11(b) 						
	ASTM D93-79, “Standard Test Methods for Flash Point by Pensky-Martens Closed Cup Tester,” IBR approved for §261.21(a).	260.11(b)(1)						
	ASTM D93-80, “Standard Test Methods for Flash Point by Pensky-Martens Closed Cup Tester,” IBR approved for §261.21(a).	260.11(b)(2)						
	ASTM D1946-82, “Standard Method for Analysis of Reformed Gas by Gas Chromatography,” IBR approved for §§264.1033 and 265.1033.	260.11(b)(3)						
	ASTM D2267-88, “Standard Test Method for Aromatics in Light Naphthas and Aviation Gasolines by Gas Chromatography,” IBR approved for §264.1063.	260.11(b)(4)						
	ASTM D2382-83, “Standard Test Method for Heat of Combustion of Hydrocarbon Fuels by Bomb Calorimeter (High-Precision Method),” IBR approved for §§264.1033 and 265.1033.	260.11(b)(5)						
	ASTM D2879-92, “Standard Test Method for Vapor Pressure—Temperature Relationship and Initial Decomposition Temperature of Liquids by Isoteniscope,” IBR approved for §265.1084.	260.11(b)(6)						
	ASTM D3278-78, “Standard Test Methods for Flash Point for Liquids by Setaflash Closed Tester,” IBR approved for §261.21(a).	260.11(b)(7)						
	ASTM D8174-18 “Standard Test Method for Finite Flash Point Determination of Liquid Wastes by Small Scale Closed Cup Tester.” Approved March 15, 2018, IBR approved for §261.21(a).	260.11(b)(8)						
	ASTM D8175-18 “Standard Test Method for Finite Flash Point Determination of Liquid Wastes by Pensky-Martens Closed Cup Tester.” Approved March 15, 2018, IBR approved for §261.21(a).	260.11(b)(9)						
	ASTM E168-88, “Standard Practices for General Techniques of Infrared Quantitative Analysis,” IBR approved for §264.1063.	260.11(b)(10)						
	ASTM E169-87, “Standard Practices for General Techniques of Ultraviolet-Visible Quantitative Analysis,” IBR approved for §264.1063.	260.11(b)(11)						
	ASTM E260-85, “Standard Practice for Packed Column Gas Chromatography,” IBR approved for §264.1063.	260.11(b)(12)						
	ASTM E681-85 “Standard Test Method for Concentration Limits of Flammability of Chemicals (Vapors and gases),” Approved November 14, 1985, IBR approved for §261.21(a).	260.11(b)(13)						
	Environmental Protection Agency (EPA). Material cited in paragraphs (d)(1) through (3) is available from: National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161; the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, (202) 512-1800; EPA’s National Service Center for Environmental Publications at https://www.epa.gov/nscep. Material cited in paragraph (d)(4) of this section is available at https://www.epa.gov/hw-sw846.	260.11(c)						
	“APTI Course 415: Control of Gaseous Emissions,” EPA Publication EPA-450/2-81-005, December 1981, IBR approved for §§264.1035 and 265.1035.	260.11(c)(1)						
	Method 1664, n-Hexane Extractable Material (HEM; Oil and Grease) and Silica Gel Treated n-Hexane Extractable Material SGT-HEM; Non-polar Material) by Extraction and Gravimetry:	260.11(c)(2)						
	Revision A, EPA-821-R-98-002, February 1999, IBR approved for appendix IX to part 261.	260.11(c)(2)(i)						
	Revision B, EPA-821-R-10-001, February 2010, IBR approved for appendix IX to part 261.	260.11(c)(2)(ii)						
	“Screening Procedures for Estimating the Air Quality Impact of Stationary Sources, Revised”, October 1992, EPA Publication No. EPA-450/R-92-019, IBR approved for appendix IX to part 266.	260.11(c)(3)						
	The following methods as published in the test methods compendium known as “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA Publication SW-846, Third Edition.	260.11(c)(4)						
	Method 0010, Modified Method 5 Sampling Train, Revision 1, dated August 2018, IBR approved for appendix IX to part 261.	260.11(c)(4)(i)						
1	Method 0011, Sampling for Selected Aldehyde and Ketone Emissions from Stationary Sources, Revision 1, dated August 2018, IBR approved for appendix IX to part 261 and appendix IX to part 266.	260.11(c)(4)(ii)						
1	Method 0020, Source Assessment Sampling System (SASS), Revision 1, dated August 2018, IBR approved for appendix IX to part 261.	260.11(c)(4)(iii)						
1	Method 0023A, Sampling Method for Polychlorinated Dibenzo-p-Dioxins and Polychlorinated Dibenzofuran Emissions from Stationary Sources, Revision 2, dated August 2018, IBR approved for appendix IX to part 261, §266.104(e), and appendix IX to part 266.	260.11(c)(4)(iv)						
	Method 0030, Volatile Organic Sampling Train, dated September 1986 and in the Basic Manual, IBR approved for appendix IX to part 261.	260.11(c)(4)(v)						
	Method 0031, Sampling Method for Volatile Organic Compounds (SMVOC), dated December 1996 and in Update III, IBR approved for appendix IX to part 261.	260.11(c)(4)(vi)						
	Method 0040, Sampling of Principal Organic Hazardous Constituents from Combustion Sources Using Tedlar® Bags, dated December 1996 and in Update III, IBR approved for appendix IX to part 261.	260.11(c)(4)(vii)						
	Method 0050, Isokinetic HCl/Cl2 Emission Sampling Train, dated December 1996 and in Update III, IBR approved for appendix IX to part 261, §266.107, and appendix IX to part 266.	260.11(c)(4)(viii)						
1	Method 0051, Midget Impinger HCl/Cl2 Emission Sampling Train, Revision 1, dated August 2018, IBR approved for appendix IX to part 261, §266.107, and appendix IX to part 266. 	260.11(c)(4)(ix)						
	Method 0060, Determination of Metals in Stack Emissions, dated December 1996 and in Update III, IBR approved for appendix IX to part 261, §266.106, and appendix IX to part 266.	260.11(c)(4)(x)						
	Method 0061, Determination of Hexavalent Chromium Emissions from Stationary Sources, dated December 1996 and in Update III, IBR approved for appendix IX to part 261 §266.106, and appendix IX to part 266.	260.11(c)(4)(xi)						
1	Method 1010B, Test Methods for Flash Point by Pensky-Martens Closed-Cup Tester, dated December 2018, IBR approved for §261.21 and appendix IX to part 261. 	260.11(c)(4)(xii)						
1	Method 1020C, Standard Test Methods for Flash Point by Setaflash (Small Scale) Closed-Cup Apparatus, dated December 2018, IBR approved for §261.21 and appendix IX to part 261. 	260.11(c)(4)(xiii)						
	Method 1110A, Corrosivity Toward Steel, dated November 2004 and in Update IIIB, IBR approved for §261.22 and appendix IX to part 261.	260.11(c)(4)(xiv)						
	Method 1310B, Extraction Procedure (EP) Toxicity Test Method and Structural Integrity Test, dated November 2004 and in Update IIIB, IBR approved for appendix IX to part 261.	260.11(c)(4)(xv)						
	Method 1311, Toxicity Characteristic Leaching Procedure, dated July 1992 and in Update I, IBR approved for appendix IX to part 261, and §§261.24, 268.7, 268.40.	260.11(c)(4)(xvi)						
	Method 1312, Synthetic Precipitation Leaching Procedure, dated September 1994 and in Update III, IBR approved for appendix IX to part 261.	260.11(c)(4)(xvii)						
	Method 1320, Multiple Extraction Procedure, dated September 1986 and in the Basic Manual, IBR approved for appendix IX to part 261.	260.11(c)(4)(xviii)						
	Method 1330A, Extraction Procedure for Oily Wastes, dated July 1992 and in Update I, IBR approved for appendix IX to part 261.	260.11(c)(4)(xix)						
	Method 9010C, Total and Amenable Cyanide: Distillation, dated November 2004 and in Update IIIB, IBR approved for appendix IX to part 261 and §§268.40, 268.44, 268.48.	260.11(c)(4)(xx)						
	Method 9012B, Total and Amenable Cyanide (Automated Colorimetric, with Off-Line Distillation), dated November 2004 and in Update IIIB, IBR approved for appendix IX to part 261 and §§268.40, 268.44, 268.48.	260.11(c)(4)(xxi)						
	Method 9040C, pH Electrometric Measurement, dated November 2004 and in Update IIIB, IBR approved for appendix IX to part 261 and §261.22.	260.11(c)(4)(xxii)						
	Method 9045D, Soil and Waste pH, dated November 2004 and in Update IIIB, IBR approved for appendix IX to part 261.	260.11(c)(4)(xxiii)						
	Method 9060A, Total Organic Carbon, dated November 2004 and in Update IIIB, IBR approved for appendix IX to part 261, and §§264.1034, 264.1063, 265.1034, 265.1063.	260.11(c)(4)(xxiv)						
	Method 9070A, n-Hexane Extractable material (HEM) for Aqueous Samples, dated November 2004 and in Update IIIB, IBR approved for appendix IX to part 261.	260.11(c)(4)(xxv)						
	Method 9071B, n-Hexane Extractable Material (HEM) for Sludge, Sediment, and Solid Samples, dated April 1998 and in Update IIIA, IBR approved for appendix IX to part 261.	260.11(c)(4)(xxvi)						
	Method 9095B, Paint Filter Liquids Test, dated November 2004 and in Update IIIB, IBR approved, appendix IX to part 261, and §§264.190, 264.314, 265.190, 265.314, 265.1081, 267.190(a), 268.32.	260.11(c)(4)(xxvii)						
	National Fire Protection Association (NFPA). 1 Batterymarch Park, P.O. Box 9101, Quincy, MA 02269-9101, (800) 344-3555, www.nfpa.org/.	260.11(d) 						
	NFPA 30, “Flammable and Combustible Liquids Code,” 1977 Edition, IBR approved for §§262.16(b), 264.198(b), 265.198(b), and 267.202(b).	260.11(d)(1)						
	NFPA 30, “Flammable and Combustible Liquids Code,” 1981 Edition, IBR approved for §§262.16(b), 264.198(b), 265.198(b), and 267.202(b).	260.11(d)(2)						
	Organization for Economic Cooperation and Development (OECD). Economic Cooperation and Development, Environment Directorate, 2 rue André Pascal, F-75775 Paris Cedex 16, France, www.oecd-ilibrary.org/.	260.11(e) 						
	Guidance Manual for the Control of Transboundary Movements of Recoverable Wastes, copyright 2009, Annex B: OECD Consolidated List of Wastes Subject to the Green Control Procedure and Annex C: OECD Consolidated List of Wastes Subject to the Amber Control Procedure, IBR approved for §§262.82(a), 262.83(b), (d), and (g), and 262.84(b) and (d).	260.11(e)(1)						
	[Reserved]	260.11(e)(2)						
	PART 261 — IDENTIFICATION AND LISTING OF HAZARDOUS WASTE	
	SUBPART C—CHARACTERISTICS OF HAZARDOUS WASTE	
	CHARACTERISTICS OF HAZARDOUS WASTE	
1	Revise as follows: It is a liquid, other than a solution containing less than 24 percent alcohol by volume and at least 50 percent water by weight, that has a flash point less than 60 °C (140 °F), as determined by using one of the following ASTM standards: ASTM D93-79, D93-80, D3278-78, D8174-18, or D8175-18 as specified in SW-846 Test Methods 1010B or 1020C (all incorporated by reference, see §260.11 of this subchapter).	261.21(a)(1)						
	Revise as follows: A compressed gas shall be characterized as ignitable if any one of the following occurs:	261.21(a)(3)(ii)						
	Either a mixture of 13 percent or less (by volume) with air forms a flammable mixture or the flammable range with air is wider than 12 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 the ASTM E 681-85 (incorporated by reference, see § 260.11 of this subchapter), or other equivalent methods approved by the Associate Administrator, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation.	261.21(a)(3)(ii)(A)						
	It is determined to be flammable or extremely flammable using 49 CFR 173.115(l).	261.21(a)(3)(ii)(B)						
	Remove	261.21(a)(3)(ii)(C)						
	Remove	261.21(a)(3)(ii)(D)						
	Revise as follows: It is an oxidizer. An oxidizer for the purpose of this subchapter is a substance such as a chlorate, permanganate, inorganic peroxide, or a nitrate, that yields oxygen readily to stimulate the combustion of organic matter.	261.21(a)(4)						
	Revise as follows: The material meets the definition of a Division 1.1, 1.2, or 1.3 explosive, as defined in §261.23(a)(8), in which case it must be classed as an explosive,	261.21(a)(4)(i)(A)						
	Revise as follows: According to data on file with the Pipeline and Hazardous Materials Safety Administration in the U.S. Department of Transportation, it has been determined that the material does not present a hazard in transportation.	261.21(a)(4)(i)(D)						
	Remove Notes 1, 2, 3, and 4.	261.21 Notes						
	APPENDIX IX TO PART 261	
	WASTES EXCLUDED UNDER §§260.20 AND 260.22	
1	Remove the text “1010A” and add “1010B” in its place, wherever it appears (56 occurrences); and remove the text “1020B” and add “1020C” in its place, wherever it appears (56 occurrences).	Appendix IX to Part 261