Item 1: Ordinance Adopting Hazardous Substance Tracking Instructions

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Attachment B. Appendix D Characteristics of Hazardous Waste Code of Federal Regulations Provisions 40 CFR Part 261, Subpart C Section 261.20 -- General. (a) A solid waste, as defined in Section 261.2, which is not excluded from regulation as a hazardous waste under Section 261.4(b), is a hazardous waste if it exhibits any of the characteristics identified in this subpart. (Comment: Section 262.11 of this chapter sets forth the generators responsibility to determine whether his/her waste exhibits one or more of the characteristics identified in this subpart.) (b) A hazardous waste which is identified by a characteristic in this subpart is assigned every EPA Hazardous Waste Number that is applicable as set forth in this subpart. This number must be used in complying with the notification requirements of Section 3010 of the Act and all applicable record-keeping and reporting requirements under parts 262 through 265, 268, and 270 of this chapter. (c) For purposes of this subpart, the Administrator will consider a sample obtained using any of the sampling methods specified in Appendix I to be a representative sample within the meaning of part 260 of this chapter. (Comment: Since the Appendix I sampling methods are not being formally adopted by the Administrator, a person who desires to employ an alternative sampling method is not required to demonstrate the equivalency of his/her method under the procedures set forth in Sections 260.20 and 260.21.) (45 FR 33119, May 19, 1980, as amended at 51 FR 40636, Nov. 7, 1986; 55 FR 22684, June 1, 1990; 56 FR 3876, Jan. 31, 1991) Section 261.21 -- 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 flash point less than 60 degrees Celsius (140 degrees Fahrenheit), as determined by a Pensky-Martens Closed Cup Tester, using the test method specified in ASTM Standard D-3278-78 (incorporated by reference, see Section 260.11), or as determined by an equivalent test method approved by the Administrator under procedures set forth in Sections 260.20 and 260.21. (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. - 39-