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Mr. Garret B ckus August 4, 2010 Re: 107629 Pg. 2 "d If he soluble chromium, as determined by the TCLP set forth in Appe ix I of chapter 18 of this division, is less than 5 mg/l, and the solubl chromium, as determined by the procedures set forth in Appen ix II of chapter 11, equals or exceeds 560 mg/l and the waste is not of erwise identified as a RCRA hazardous waste pursuant to section 66261. 00, then the waste is a non-RCRA hazardous waste." This provisio establishes the STLC for chromium that does not exceed 5 mg/l in the Toxicity Cha acteristic Leaching Procedure (TCLP) pursuant to the federal toxicity characteristic, as 560 mg/1 We performe the STLC analysis using the California Waste Extraction Test (WET) because it is enerally more aggressive than TCLP due to milling the sample to a finer state and extr cting with a stronger citric acid solution as opposed to acetic acid and because scrap etal would not be a RCRA hazardous waste in any event. On the basis of our regulatory expert's experience, this test resulting in 7.8 mg/l of chromium is adequate to show that t e 5 mg/1 threshold by TCLP would not be exceeded and that the 560 mg/l footnote d S C threshold was not exceeded. To be absolut y certain that the TCLP result would not exceed 5 mg/l, the test could be performed' bt knowledge of the material at issue indicates that such testing is unnecessary. 2. Characterizati n of scrap metal as a waste must be based on a representative sample of the total waste The scrap met 1 at issue is a specific waste stream that is composed of a ferrous alloy with trace amo ints of metals that are listed as hazardous waste constituents. The source of this "waste'Iis a metals working process that meets the primary, or (a) part of the definition of s r d ap metal at § 66260.10. The parts of the definition that potentially disqualify this aterials as scrap metal are @)(4) and (b)(6): "(b)(4) a metal contaminated with a hazardous waste, such that the contaminat metal exhibits any characteristic of hazardous waste under article 3 of hapter Il of this division." "(b)(6) sl dges, fine powders, semi-solids, and liquid solutions that are hazardous aste." These two pro 'sions must be applied in terms of the requirement to characterize waste based on a repr sentative sample and the language of the toxicity characteristic: a waste exhibits the cha acteristic of toxicity if"representative samples of the waste have any of the following p operties." [§ 66261.24(a)]