40 CFR 261.4(a)(13) excludes Excluded Scrap Metal from regulation as a solid waste - and thus as a hazardous waste - if the requirements of the regulations are met. This presentation briefly summarizes the requirements of this RCRA exclusion from regulation.

1. EXCLUSIONS FROM
REGULATION AS SOLID
WASTE
One presentation in a series that briefly
explains the Federal exclusions from full
regulation for certain materials under the
Resource Conservation and Recovery Act
(RCRA).
40 CFR 261.4(a)(13) @DanielsTraining 1
This presentation: 40 CFR 261.4(a)(13):
Excluded Scrap Metal

2. PRESENTED BY:
Daniels Training Services
815.821.1550
www.DanielsTraining.com
Info@DanielsTraining.com
A different kind of training.
@DanielsTraining 2
40 CFR 261.4(a)(13)

3. 40 CFR 261.4(a)
• Paragraph ‘a’ of section 261.4 identifies 25
materials excluded from regulation as a solid
waste.
• If a material does not meet the definition of a solid
waste, it cannot be a hazardous waste.
40 CFR 261.4(a)(13) @DanielsTraining 3
Solid
Waste
Hazardous
Waste

4. “The following materials are not solid
wastes for the purpose of this part…”
• Excluded scrap metal
being recycled.
• Excluded scrap metal
is:
1. Processed scrap
metal,
2. Unprocessed
home scrap metal,
and;
3. Unprocessed
prompt scrap
metal.
40 CFR 261.4(a)(13) @DanielsTraining 4

5. What is Processed Scrap Metal?
• Processed scrap metal
is scrap metal which has
been manually or
physically altered to…
1. Separate it into
distinct materials to
enhance economic
value, or;
2. Improve the
handling of
materials.
40 CFR 261.4(a)(13) @DanielsTraining 5

6. What is Processed Scrap Metal?
• Processed scrap metal includes, but is not limited
to:
1. Scrap metal which has been
• Baled
• Shredded
• Sheared
• Chopped
• Crushed
• Flattened
• Cut
• Melted, or;
• Separated by metal type (i.e., sorted)
40 CFR 261.4(a)(13) @DanielsTraining 6

7. What is Processed Scrap Metal?
• Processed scrap
metal includes, but is
not limited to:
2. Fines, drosses and
related materials
which have been
agglomerated.
40 CFR 261.4(a)(13) @DanielsTraining 7

8. What Isn’t (1) Processed Scrap Metal
• Shredded circuit
boards being sent for
recycling are not
considered processed
scrap metal. They are
covered under the
exclusion from the
definition of solid
waste for shredded
circuit boards being
recycled
(§261.4(a)(14)).
40 CFR 261.4(a)(13) @DanielsTraining 8

9. What Is Home Scrap Metal?
• “Home scrap metal” is
scrap metal generated by:
• Steel mills,
• Foundries, and;
• Refineries.
• It includes:
• Turnings,
• Cuttings,
• Punchings, and;
• Borings.
40 CFR 261.4(a)(13) @DanielsTraining 9

10. What is Prompt Scrap Metal?
• “Prompt scrap metal” is
scrap metal generated by
the metal working/fabrication
industries and includes:
• Turnings,
• Cuttings,
• Punchings, and;
• Borings.
• AKA: Industrial or new scrap
metal.
40 CFR 261.4(a)(13) @DanielsTraining 10

11. More about Agglomerated Dross
• “Dross which has not been agglomerated is not a
scrap metal.”
• “…the exclusion…only applies to dross that has
been agglomerated.”
• “Agglomerated drosses are solid chunks of metal
in a physical state that does not allow them to be
easily crushed, split or crumbled.”
• “…agglomerated dross from any source…that is
being recycled, be excluded from the definition of
solid waste.”
40 CFR 261.4(a)(13) @DanielsTraining 11
RO 14195

12. More to Consider…
• Check with your State
as it may not recognize
this Federal exclusion.
• “Home scrap metal”
and “prompt scrap
metal” must be
“Unprocessed” in order
to be an excluded
scrap metal being
recycled.
40 CFR 261.4(a)(13) @DanielsTraining 12

13. 40 CFR 261.4(a)(13) Verbatim:
(a) Materials which are not solid wastes. The
following materials are not solid wastes for the
purpose of this part:
…
(13) Excluded scrap metal (processed scrap metal,
unprocessed home scrap metal, and unprocessed
prompt scrap metal) being recycled.
40 CFR 261.4(a)(13) @DanielsTraining 13

14. 40 CFR 261.1(c)(10) Verbatim:
• “Processed scrap metal” is scrap metal which has
been manually or physically altered to either separate
it into distinct materials to enhance economic value or
to improve the handling of materials. Processed
scrap metal includes, but is not limited to scrap metal
which has been baled, shredded, sheared, chopped,
crushed, flattened, cut, melted, or separated by metal
type (i.e., sorted), and, fines, drosses and related
materials which have been agglomerated. (Note:
shredded circuit boards being sent for recycling are
not considered processed scrap metal. They are
covered under the exclusion from the definition of
solid waste for shredded circuit boards being
recycled (§261.4(a)(14)).
40 CFR 261.4(a)(13) @DanielsTraining 14

15. 40 CFR 261.1(c)(11,12) Verbatim:
• “Home scrap metal” is scrap metal as generated
by steel mills, foundries, and refineries such as
turnings, cuttings, punchings, and borings.
• “Prompt scrap metal” is scrap metal as generated
by the metal working/fabrication industries and
includes such scrap metal as turnings, cuttings,
punchings, and borings. Prompt scrap is also
known as industrial or new scrap metal.
40 CFR 261.4(a)(13) @DanielsTraining 15

16. Got Questions
About RCRA or
HazMat
Transportation?
I provide:
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Training for
Hazardous Waste
Personnel.
And
Triennial HazMat
Employee Training.
Open enrollment
or on-site.
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40 CFR 261.4(a)(13)