Is Scrap Metal Hazardous?

On February 24, 2017, EPA issued a response to an inquiry about what does and does not meet EPA’s definitions of “scrap metal” and “processed scrap metal,” as they relate to scrap tantalum anodes, wire, pellets, pins, and powders. RCRA defines scrap metal as "bits and pieces of metal parts (e.g., bars, turnings, rods, sheets, wire) or metal pieces that may be combined together with bolts or soldering (e.g., radiators, scrap automobiles, railroad box cars), which when worn or superfluous can be recycled."

RCRA also recognizes different classes of scrap metal under “Excluded scrap metal”:

• 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)).

• 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.

Along with confirming scrap tantalum anodes, wire, pellets, and pins as scrap metal, more generally, EPA’s response highlights that metal powders only meet the definition of scrap metal if they are agglomerated in such a way that the agglomerated material physically resembles other types of scrap metal (i.e., bits and pieces of metal parts).

In the response, EPA noted:
 

• Scrap tantalum anodes, wire, pellets, and pins meet the definition of “scrap metal” found at §261.1(c)(6). (Tantalum is a highly corrosion-resistant transition metal that is widely used as a component in metal alloys.) Thus, if these materials are legitimately recycled (i.e., meeting the factors in §260.43), they are exempt from RCRA hazardous waste regulation under §261.6(a)(3)(ii), even if they exhibit a characteristic or have become contaminated with a listed waste.

• Tantalum powders would meet the definition of scrap metal in §261.1(c)(6) only if they are agglomerated in such a way that the agglomerated material physically resembles other types of scrap metal. For example, tantalum powder that has been mixed with a binder and then sintered at high temperature to cause the particles to form a structure of high mechanical strength and density would meet the definition of “fines, drosses and related materials which have been agglomerated” and would therefore be considered “processed scrap metal” per §261.1(c)(10). Per §261.4(a)(13), “processed scrap metal” is excluded from the definition of solid waste if legitimately recycled (i.e., meeting the factors in §260.43).

• Non-agglomerated tantalum powders would not meet the definition of scrap metal in §261.1(c)(6). Thus, non-agglomerated tantalum powders that exhibit a hazardous waste characteristic per Part 261, Subpart C would be considered a hazardous waste, even when sent for recycling.

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