Laserfiche WebLink
June 27, 2008 <br />Michael B. Olsen, P.G. <br />Manager, Environmental Compliance <br />Sears Holdings Corporation <br />3333 Beverly Road, B5 -339A <br />Hoffman Estates, IL 60179 <br />Re: Brake Rotor Shaving Evaluation <br />Sacramento Area Sears Auto Centers <br />Terracon Project No. 80087013 <br />Dear Mr. Olsen: <br />Irerracon <br />Consulting Engineers & Scientists <br />7401 Galilee Road, Suite 450 <br />Roseville, California 95678 <br />Phone 916.784.2283 <br />Fax 916.784.3487 <br />www.temacon.com <br />The purpose of this report is to present the findings of our evaluation regarding the regulatory <br />status of metal shavings material generated during automotive brake rotor lathing operations. <br />This evaluation was conducted in accordance with your task order dated April 30, 2008. We <br />understand that this evaluation was requested to assess whether current brake rotor shaving <br />metal recycling practices are consistent with California Code of Regulations (CCR) Title 22 <br />hazardous waste regulatory requirements. <br />Background <br />Sears Auto Centers operate lathes at their facilities to repair automotive brake rotors. The <br />metal shavings from these lathing operations are collected in bins or containers and <br />periodically taken off-site for recycling. <br />Based on Title 22 CCR Section 66261.6(a)(3)(B), scrap metal is exempt from regulation as <br />a hazardous waste under California law when it is recycled provided the material meets the <br />definition of "scrap metal" as outlined in Title 22 CCR Section 66260.10. Per this Section, <br />scrap metal includes metal workings, grindings, and shavings (a)(2). Scrap metal excludes <br />material contaminated with hazardous wastes such that the contaminated metal exhibits the <br />characteristics (e.g. toxicity) of a hazardous waste (b)(4), and also excludes "fine powders <br />... that are hazardous wastes" (b)(6). A "fine powder" is defined as a metal in dry, solid <br />form having a particle size smaller than 100 micrometers (microns) in diameter. <br />On November 10, 1999, the California Environmental Protection Agency, Department of <br />Toxic Substances Control (DTSC) issued a letter to the United States Postal Service <br />providing interpretation of how the regulations referenced above apply to automotive brake <br />rotor shavings. This letter includes the following conclusion: <br />...DISC concludes that the subject metal shavings would meet the definition of <br />"scrap metal" and therefore, would be exempted from regulation when recycled, <br />provided those metal shavings are not fine powders, and are not contaminated with <br />1 <br />