Section 329IAC3.1-6-4. Exclusions

   (a) In addition to the exclusions incorporated by reference in this rule, the following materials being recycled are excluded from regulation under this article:

(1) Processed scrap metal from processing containers, tanks, and equipment that:

(A) contained hazardous waste; and

(B) meets the requirements of subsection (b) prior to shipment from the processing facility.

(2) Processed scrap metal that consists of fines, drosses and related materials that is stored in containers sufficient to prevent a release to the environment prior to recovery.

(3) Other scrap metal that is not addressed in the processed scrap metal provisions in subdivisions (1) and (2).

(4) Shredded circuit boards provided that:

(A) storage is in containers sufficient to prevent a release to the environment prior to recovery; and

(B) shredded circuit boards that are free of mercury switches, mercury relays, nickel-cadmium batteries, and lithium batteries.

  (b) Scrap metal contaminated with hazardous waste residues must be cleaned to be free of all adhering hazardous waste residues, which are in a form, that could be released to the environment due to dripping or exposure to precipitation. The surface must also be free of hazardous waste residues that can be easily removed by rinsing with a suitable solvent or other commonly employed means of cleaning. Paint or other metal finishes are not considered hazardous waste residues for purposes of this exclusion. (Solid Waste Management Division; 329 IAC 3.1-6-4; filed Jan 3, 2000, 10:00 a.m.: 23 IR 1097; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535)