In 40 CFR §261.21, which addresses the Characteristic of Ignitability, Setaflash Closed Cup Tester ASTM Standard D3278-78 is referenced as an acceptable test method. However, our Accreditation requires that we use the most current method which is ASTM Standard D 3278-96 (reapproved 2011). Is it appropriate to reference the most current method number?
In the Federal Register (FR) dated June 14, 2005, the EPA issued "Waste Management System; Testing and Monitoring Activities; Final Rule: Methods Innovation Rule and SW–846 Final Update IIIB; Final Rule". In that FR notice, the EPA concluded that revision of 40 CFR 261.21 to incorporate the later revision of D 3278 was "non-substantive and that the changes would not affect which wastes are determined to be hazardous based on the characteristic."
Therefore, we believe that the use of the current ASTM revision is appropriate based on EPA's conclusion that the wastes determined to be hazardous by the characteristic of Ignitability are not affected by the updates to ASTM D 3278.