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RECEIVED BY SJCEHD (EF) on 4/29/2020 sa�et��kicen� October 8, 2009 Mr. Emmitt Barina, SPHR, ASE Director of Safety, Environmental and Regulatory Compliance O'Reilly Auto Parts 233 S. Patterson Springfield, MO 65802 RE: Brake Lathe Shavings Generated by O'Reilly Auto Parts Stores (e.g., Kragen Auto Parts) in CA are Classified as Exempt Scrap Metal when sent for Steel Recycling Dear Mr. Barina: At your request, Safety-Kleen sampled and analyzed three representative samples of the metal shavings generated from turning/trimming steel brake rotors and drums at your Kragen Auto Parts stores in CA. The testing (attached) shows that the metal brake shavings are larger than 100 micrometers (0.1 mm) and thus meet the definition of"scrap metal"under California regulations. The metal shavings generated from brake repair operations at Kragen Auto Parts stores meet the federal definition of"scrap metal," and therefore, are not subject to regulation as hazardous wastes under federal law when recycled, irrespective of the manner in which the metal shavings are recycled, or the sizes or chemical characteristics of the metal shavings. Any metal shavings that are disposed obviously are not recycled and therefore are not eligible for the recycling exemption specified in 40 CFR 261.6(a)(3)(ii). California's definition of"scrap metal" differs from the United States Environmental Protection Agency's definition of"scrap metal" cited above. The State's definition of"scrap metal" does not include "fine powder,"which is defined in section 66260.10 of Title 22 of the California Code of Regulations (22 CCR) as a metal, in dry powder form, having a particle size of less than 100 micrometers in diameter. Also, the State's definition of"scrap metal" excludes metal contaminated with hazardous waste (e.g., asbestos) such that the contaminated metal exhibits any characteristic of hazardous waste set forth in Article 3 of Chapter 11 of 22 CCR. Based on how the brake drums and disks are worked on at the Kragen Auto Parts stores and the lack of any chemical (e.g., solvent) addition during that process of repairing/restoring the brake parts, it is clear from process knowledge that these metal shavings generated at the Kragen Auto Parts stores in CA are not contaminated with any hazardous waste. Pursuant to 22 CCR 66261.6(a)(3)(B), "scrap metal," as defined in 22 CCR 66260.10, is exempted from regulation under State law,when recycled. However, "scrap metal"that is disposed of in a landfill rather than recycled is subject to regulation as a