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. . . . . .- _-. . . . _ <br /> 1� <br /> Alan Ito <br /> 5eptember. 16, 1991 <br /> Page 6 <br /> 25143 . 2 (b) , (c) and (d) , HSC. The "sham recycling" <br /> discussion set forth with respect to "Ferrorich" applies to <br /> "Ferrorich Zinc Concentrate" as well. <br /> • "Ferrorich" (presumably the material analyzed as shown in <br /> Document No. 2 , since zinc was not present at high <br /> concentrations) contains hazardous concentrations of copper, <br /> mercury, nickel and lead, none of which can be construed to <br /> be plant nutrients (with the possible exception of copper as <br /> a trace element) . (None of these are identified as <br /> contaminants on the MSDS for "Ferrorich" in Document No. 3 <br /> either. ) Therefore, the DTSC believes that SWPC is <br /> disposing of these hazardous constituents in the <br /> "Ferrorich" . Since such contaminants are unlikely to be <br /> present at hazardous waste concentrations in ferrous <br /> sulfate, which is commercially available as a raw material, <br /> the DTSC must conclude that "Ferrorich" is still a hazardous <br /> waste and a recyclable material, not a coproduct . <br /> Furthermore, since "Ferrorich" is being used in a manner <br /> constituting disposal , the limitations in Section <br /> 25143 . 2 (e) (1) and (e) (2) , HSC, supersede all possibly <br /> applicable exclusions and exemptions for recyclable. <br /> materials set forth in 25143 . 2 (b) , (c) and (d) , <br /> CONCLUSION: <br /> In summary, ATD believes that "Ferrorich" and "Ferrozinc <br /> Concentrate" are hazardous wastes and recyclable materials. They <br /> do not qualify as coproducts. Furthermore, ATD believes that <br /> "Ferrorich" and "Ferrozinc Concentrate" cannot qualify for <br /> exclusion or exemption from DTSC regulation under the recyclable <br /> material provisions of Section 25143 .2 (b) , (c) or (d) , <br /> because they are being used in a manner constituting disposal <br /> ieves <br /> [Section 25143 . 2 (e) (1) and (e) (2) , HSCI . Lastly, <br /> that SWPC' s process used to produce the "Ferrozinc Concentrate" <br /> is subject to DTSC regulation as a wastewater pretreatment <br /> facility. <br /> If you have any questions regarding this letter, please call <br /> Mr. Eric Workman of my staff at (916) 322-1330. <br /> Sincerely, <br /> C <br /> C <br /> Robert McCormick <br /> Alternative Technology Division <br /> RM:EW:mb <br />