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Mr. Garret B kus August 4, 201 Re: 107629 Pg. 3 The definition of representative sample is: "Represe tative sample means a sample of a universe or whole (e.g., waste pile, lago n, ground water) which can be expected to exhibit the average properties of the universe or whole." [§ 66260.10] Consequently, although it is unusual that the scrap metal definition requires consideration of two distinct portions of what is otherwise a uniform waste, which complicates its characterizati , this issue has been effectively addressed in many situations, and as explained tot e regulated community by DTSC. (See 3,below.) Based on proper regulatory interpretation of the exclusion provisions in the definition of scrap metal, the brake shavings, based on a representative sample, are not: a sludge, fine powder, semi- olid, nor liquid solution. However, they do contain 0.08% fine powder. Therefore, pro vision (b)(4) may apply if any metal (the scrap at issue) [is] contaminated with a hazardous waste such that the contaminated metal exhibits any characteristic of hazardous was e. This provision requires a two-step analysis. First, the fine powder must be characterized to determine if it is a hazardous waste itself. Second, if determined to be hazardous wase are hazardous waste constituents present in sufficient concentration in the fine powd "such that the contaminated metal (the whole waste stream) exhibits any characteristic c f hazardous waste? In the present ase, assuming, for the sake of argument, that the 0.08% metal powder is hazardous wasi e, there has to be a sufficient portion of it at high enough concentration of soluble chron ium to make a representative sample of the whole scrap metal accumulation I azardous waste. Based on the results of testing, this is not the case. 3. DTSC has addressed this complicated guestion and provided advice as to how characterization of contaminated scrap metal should be performed Attached to thi letter is an October 15, 1998 letter to Kip Prahl Associates from DTSC entitled: "Brake Rotor and Drum Metal Shavings." This letter refers to a virtually identical situati on that applies the applicable regulation discussed above to brake rotor and drum meta shavings. There has been no change in the regulations relevant to this issue since thi letter. As it indicates on page 4 (confirming the complexity of the determination): "The diffic lty, as you note, lies in determining whether or not there are sufficient a ounts of fine powders in the bucket that collects that brake shavings to render all of the metal in the bucket a hazardous waste, and not scrap metal In order to determine whether or not the larger pieces of metal are contam nated with fine powders in concentrations which would render them hazar ous waste, and not scrap metals, we prescribe the following: