2019 Status Update

EPA is finalizing a rulemaking to allow the use of additional VCS for hazardous waste determinations of ignitable liquids. EPA proposed to revise 40 CFR 261.21 (April 2, 2019, 84 FR 12539), updating Method 1010A to Method 1010B to incorporate by reference ASTM standard D 8175-18 as an alternative to ASTM standards D 93-79 and D 93-80 (Pensky-Martens method), and updating Method 1020B to Method 1020C to incorporate by reference ASTM standard D 8174-18 as an alternative to ASTM standard D 3278-78 (Setaflash method). EPA proposed to use ASTM D 8175-18 and ASTM D 8174-18 after working with ASTM to specifically develop these VCS to better suit waste testing by modifying existing ASTM standards which are accepted ways to measure flash point for petroleum products. These new draft ASTM standard methods were then submitted to ASTM’s review process and were approved by the ASTM D34 Committee to become new ASTM standards. These new test methods were published by ASTM in 2018. Subsequently, EPA published the proposed rule and took comment on the incorporation of the ASTM standards into regulation, which were favorably received. The Agency plans to finalize these methods into the RCRA regulations in Spring 2020.

2018 Status Update

The ignitability proposed rule proposes to revise 40 CFR 261.21 and update Method 1010A to Method 1010B to incorporate by reference ASTM standard D 8175-18 as an alternative to ASTM standards D 93-79 and D 93-80 (Pensky-Martens method), as well as to revise 40 CFR 261.21 and update Method 1020B to Method 1020C to incorporate by reference ASTM standard D 8174-18 as an alternative to ASTM standard D 3278-78 (Setaflash method). As stated in the draft preamble for the ignitability proposed rule: "The EPA proposes to use ASTM D 8175-18 and ASTM D 8174-18. These test methods were adopted by ASTM in March 2018… EPA worked with ASTM to specifically develop these consensus-based standards to better suit waste testing by modifying existing ASTM standards. EPA worked with a member of the ASTM D02.08 Subcommittee (who also represents Stanhope-Seta) to modify existing ASTM methods D 93-16 and D 3828- 16a, which were developed by the ASTM D02.08 Subcommittee. These new draft methods were then submitted to ASTM’s review process and were approved by the ASTM D34 Committee to become new ASTM methods."