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13 <br />Ms, Jeane Martin <br />November 10, 1999 <br />Page 2 <br />"Scrap metaift is defined in section 261 1 (c)(6) of Title 40 of the Code of Fedeeal <br />Regulations (40 CrFR), in pertinent part, Io include bits and pieces of metal (e.g., <br />"turnings'),which, when worn or superfluous can be recycled. The federal definitionof <br />Oscrap metal' is not predicated on particle size or chemical composition.' Under current <br />federal law, "scrap metal" is A solid waste when discarded 2 and is subject to regulation <br />as a hazardous waste when discarded but, pursuant to 40 CFR 261.6:(a)(3:)(ii), is <br />specifically exempted from regulation as a hazardous waste when discarded by being <br />recycled. Metals shavings that are discarded by being disposed would be subject to <br />regulation as hazardous wastes under federal law if those metal shavings exhibit a <br />characteristic of hazardous waste, or are contaminated with listed hazardous wastes.3: <br />the metal shavings are recycled, or the sizes or chemical characteristics of the metal <br />shavings. Any metal shavings that are disposed obviously are not recycled, and <br />therefore are not eligible for the recycling exemption specified in 40 CFR <br />Status of the Material Under State Law <br />The manner in which a waste or material is regulated under federal law, indicates how <br />the waste ormatefial maybe regulated under State law. California "s hazardous waste <br />controi law is generally more stringent and broader it'scope than corresponding federal <br />law. A waste or material subject to regulation under State law must be managed as <br />required by State law, regardless of whether the waste or material is regulated under <br />federal law, and, usually, irrespective of a how the waste or material is regulated under <br />federal law. <br />However,it the U.S, Environmental Protection Agency has explained that a metal -containing waste with a <br />'significant liquid component' is not 'scrap metal.' See the January 4, 1985 Fedenal RgVolume 50, <br />Number 3, page 624 (50 FR 624). <br />A material is -discarded' when the material is, among other things, either recycled or disposedSee 40 <br />CFR 261, ()(2) for the complete definition of 'discarded matedaL' <br />See 57 FR 37237. <br />