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HAZARDOUS WASTE METALS AND "FINES" <br /> There has been a lot of discussion regarding "fines, grinds and scrap metals" <br /> being written up as a Hazardous Waste violation. <br /> Title 22, Hazardous Waste Regulation, <br /> 66260.10 <br /> "Fine powder" means a metal in dry, solid form having a particle size smaller than <br /> 100 micrometers (0.004 inches) or microns in diameter. <br /> "Scrap metal" means: <br /> (a) Any one or more of the following, except as provided in subsection (b) <br /> of this section: <br /> (1) Manufactured, solid metal objects and products; <br /> (2) Metal workings, including cuttings, trimmings, stampings, <br /> grindings, shavings and sanding; or <br /> (3) Solid metal residues of metal production. <br /> (b)"Scrap metal' excludes all of the following: <br /> (1) Lead-acid storage batteries, waste elemental mercury, and <br /> water-reactive metals such as sodium, potassium and lithium; <br /> (2) Magnesium borings, trimmings, grindings, shavings and sanding <br /> and any other forms capable of producing independent combustion; <br /> (3) Beryllium borings, trimmings, grindings, shavings, sanding and <br /> any other forms capable of producing adverse health effects or <br /> environmental harm in the opinion of the Department; <br /> (4) Any metal contaminated with a hazardous waste, such that the <br /> contaminated metal exhibits any characteristic of a hazardous <br /> waste under article 3 of chapter 11 of this division; <br /> (5) Any metal contaminated with oil that is a hazardous waste and <br /> that is free-flowing; <br /> (6) Sludge, fine powders, semi-solids and liquid solutions that are <br /> hazardous wastes. <br /> 66261.6 (a) (3) (B) <br /> Scrap metal is defined as in section 66260.10. However, scrap metals that meet <br /> the definition of a RCRA hazardous waste are not subjected to regulations under <br /> this division and are not subject to the notification requirements of Health and <br /> Safety Code 25153.6, if the scrap metal is being recycled. <br /> 66262.11. Hazardous Waste Determination. <br /> A person, who generates a waste, as defined in section 66261.2, shall determine <br /> if that waste is a hazardous waste using the following method: <br /> (a) The generator shall first determine if the waste is excluded from <br /> regulation under section 66261.4 or section 25143.2 of the Health and <br /> Safety Code; <br /> (b) The generator shall then determine if the waste is listed as a <br /> hazardous waste in articles 4 or 4.1 of chapter 11 or in Appendix X of <br /> chapter 11 of this division. If the waste is listed in Appendix X and is not <br />