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EPA/OLEM RIN: 2050-AG93 Publication ID: Spring 2020 
Title: Modernizing Ignitable Liquids Determinations 
Abstract: The EPA is working to finalize the Modernizing Ignitable Liquids Determinations proposed rule. In the proposed rule, the Agency proposed updating the flash point test methods for the determination of characteristically ignitable hazardous waste along with other changes. Currently, the required test methods refer to outdated standards developed by the ASTM International and require instrumentation that is no longer readily commercially available. For example, the standards require the use of mercury thermometers, which are becoming more difficult to acquire due to their use and availability being phased out for environmental, health and safety concerns. An update to the flash point test methods could allow for the use of commercially available instrumentation and could no longer require mercury thermometers. The EPA also proposed to remove the requirements for mercury thermometers in the air sampling and stack emissions methods in Test Methods for Evaluating Solid Waste: Physical/Chemical Methods (SW-846). In addition, the Agency proposed to codify existing guidance regarding the regulatory exclusion in the ignitable characteristic for aqueous liquids containing alcohols and proposed to codify existing sampling guidance regarding waste mixtures having multiple phases when determining whether a waste exhibits the ignitability characteristic. The EPA also proposed to update cross references to the Department of Transportation regulations and to remove obsolete information. The EPA is currently reviewing the public comments that were received on the proposed rule and may modify the rule in response. 
Agency: Environmental Protection Agency(EPA)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Deregulatory 
CFR Citation: 40 CFR 261   
Legal Authority: 42 U.S.C. 6912    42 U.S.C. 6921(a) "RCRA 3001(a)"   
Legal Deadline:
Action Source Description Date
None       
Timetable:
Action Date FR Cite
NPRM  04/02/2019  84 FR 12539   
Final Rule  06/00/2020 
Additional Information: Docket #:EPA-HQ-OLEM-2018-0830
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, State 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL: https://www.epa.gov/hw-sw846/proposed-rule-modernizing-ignitable-liquids-determinations   Public Comment URL: https://www.regulations.gov/docket?D=EPA-HQ-OLEM-2018-0830  
Sectors Affected: 221118 Other Electric Power Generation; 324110 Petroleum Refineries; 541330 Engineering Services; 541380 Testing Laboratories; 541620 Environmental Consulting Services; 541712 Research and Development in the Physical, Engineering, and Life Sciences (except Biotechnology); 561990 All Other Support Services; 562211 Hazardous Waste Treatment and Disposal 
RIN Data Printed in the FR: No 
Agency Contact:
Daniel Fagnant
Environmental Protection Agency
Office of Land and Emergency Management
1200 Pennsylvania Avenue NW, Mail Code 5304P,
Washington, DC 20460
Phone:703 308-0319
Email: fagnant.daniel@epa.gov

Melissa Kaps
Environmental Protection Agency
Office of Land and Emergency Management
1200 Pennsylvania Avenue NW, Mail Code 5304P,
Washington, DC 20460
Phone:703 308-6787
Email: kaps.melissa@epa.gov