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r <br />Ms, Jeane Martin <br />November 10, 1999 <br />Page 3 <br />California's definition of "scrap metalo differs from the United States Environmental <br />Protection Agency's definition of 'scrap metal" cited above. As you are obviously <br />aware. the State's definition of 'scrap metal" does not include 'fine powder,' which is <br />defined in section 66260.1 t of Title 22 of the California Code of Regulations (22 CCR) <br />as a metal, in dry powder form, having a particle size of less than 100 micrometers in <br />dameter. Also, the State's definition of "scrap metal" excludes metal contaminated with <br />hazardous waste (e, g, , asbestos) such that the contaminated metal exhibits any <br />characteristic of hazardous waste set forth in Article 3 of Chapter I I of 22 CCR. <br />Pursuant to 22 CCR 66261,6(a)(3)(8), uscrap metal,� as defined in 22 CCR 66260,10, <br />is exempted from regulation under State law, when recycled, 'Scrap metal" that is <br />disposed rather than recycled is subject to regulation as a hazardous waste under <br />State law, if the metal exhibits any characteristic of hazardous waste or is contaminated <br />with listed hazardous waste. <br />used on the information contained in your letter, and on the provisions of data law <br />cited in the immediately pre -ceding paragraph, ®'SSC concludes that the metal shavings <br />generated in the course of brake repair operations conducted at USPS facilities are not <br />subject to regulation as hazardous wastes under State law, provided those metal, <br />shavings meet the definition of scrap metal specified in 22 CCR 66260.108 and are <br />recycled. DTS C is not able to conclude that the metal shavings actually meet the <br />definition of "scrap metal' in 22 CCR 66260,10, Your letter asserts that the metal <br />shavings are not fine powders, but your letter did not include analytical reports or other <br />verifiable information regarding particle size. Additionally, you stated that'to, your <br />knowledge" the metal shavings are not contaminated with other substances, but your <br />letter did not include copies of analytical reports or other information demonstrating <br />representative samples of the waste were evaluated and found to be 'free of any <br />comaminants, <br />14. .= <br />Based on the information provided in your October 22, 1999 letter, and on the <br />provisions of law cited above, DTSC concludes that the subject metal shavings would <br />meet the definition of "scrap metal" and therefore, would be exempted from regulation <br />when recycled, provided those metal shavings are not fine powders, and are not <br />contaminated with hazardous wastes or constituents (e.g., characteristically hazardous <br />fine powders, or asbestos) to such an extent that the metal shavings exhibit one or <br />more characteristics of hazardous waste due to the presence of those contaminants, <br />