This project is an emergency rulemaking effort to define metal shredder aggregate and exclude it from the existing State definition of scrap metal. The August 2021 completion of the Department of Toxic Substance’s (DTSC) analysis of the metal shredder industry (“Final Report”), along with several recent findings and occurrences (including fires and releases of hazardous waste from metal shredding facilities into the environment in close proximity to residential areas, hospitals, schools, and daycare centers), has led DTSC to conclude that the current regulatory system constitutes an emergency necessitating immediate action to avoid serious harm to the public peace, health, safety, and general welfare.
The revised regulations will provide clarity to the regulated community and regulatory agencies as to the appropriate definition and management of metal shredder aggregate. The revised regulations will allow DTSC to better enforce hazardous waste management standards at metal shredding facilities. This emergency rulemaking will include the necessary conditions for applicability of the regulations, scope of regulations, and any projected fees.
Under this proposed emergency rulemaking, DTSC shall amend sections 66260.10 Definitions and 66273.9 Definitions of division 4.5 of title 22 of the California Code of Regulations to define metal shredder aggregate and exclude it from the State definition of scrap metal.