|
Mr. David A. Tha to
<br /> October 15, 19 8
<br /> )page 3
<br /> "Prompt scrap metal" is scrap metal as generated by the metal working/fabrication
<br /> inducstries and includes such scrap metal as tumings, cuttings, punchings, and borings.
<br /> Brake turn' gs of the type discussed in your letter would not appear to meet the definition
<br /> of any of the three types of scrap metal mentioned above. However, brake turnings would meet
<br /> the definition of " crap metal" as defined in 40 CFR 260.10, i.e., "bits and pieces of metal parts
<br /> (e.g.,) bars, turnin s, rods, sheets, wire)or metal pieces that may be combined together with bolts
<br /> or soldering(e.g., adiators, scrap automobiles, railroad box cars), which when worn or
<br /> superfluous can be recycled." Pursuant to 40 CFR 261.6(a)(3)(ii) scrap metals ark exempt from
<br /> RCRA Subtitle C r gulation when recycled. Therefore, under federal law, brake turnings,
<br /> whether contamina ed with fine powders or not, would not be subject to RCRA regulation if they
<br /> were recycled. If, owever, the brake turnings are destined for disposal, they are subject to
<br /> • hazardous waste c aracterization. If they exhibited a hazardous waste characteristic, or were
<br /> contaminated with RCRA listed waste, they would be a RCRA hazardous waste and subject to
<br /> all relevant hazard us waste regulations.
<br /> Status of the Mat Tial Under State Law
<br /> Pursuant to section 66260,10, 22 CCR, scrap metal includes metal workings, including
<br /> cuttings, trimmings stampings, grindings, shavings and sandings. "Scrap metal'excludes,
<br /> however, fine pow Jers that are hazardous wastes and any metal contaminated with a hazardous
<br /> waste(e.g,, fine po der)to the extent that the contaminated metal exhibits a characteristic of
<br /> hazardous waste, ` ine powder," as defined in section 66260.10, means a metal, in dry, solid
<br /> form having a parti le size smaller than 100 microns in diameter. Metal particles equal to, or
<br /> larger than 100 mic ons in size(the brake shavings, grindings,.etc.)would be considered scrap
<br /> metals, unless they vere otherwise excluded from the definition of scrap metalby(b)(1)through
<br /> (b)(6) of the definit on. Pursuant to 66261.6(a)(3)(B), scrap metal is not subject to regulation
<br /> under division 4.5. Some may believe that this section could be interpreted to mean that the
<br /> exemption appliesen if scrap metal is disposed. However, the fact that this section is titled,
<br /> "Requirements for ecyclable Materials" infers that the materials listed in the subsequent
<br /> subsections are to b recycled. The Department of Toxic Substances Control is currently drafting
<br /> regulations which ill clarify this point. Therefore, under state law, if scrap metal is intended for
<br /> disposal, and it exhi its a characteristic of non-RCRA waste, it would be regulated as a hazardous
<br /> waste, If recycled, iowever, the scrap metal would not be subject to regulation.
<br />
|