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Title 40: Protection of Environment
§260.30 Non-waste determinations and variances from classification as a solid waste.
In accordance with the standards and criteria in §260.31 and §260.34 and the procedures in §260.33, the Administrator may determine on a case-by-case basis that the following recycled materials are not solid wastes:
(a) Materials that are accumulated speculatively without sufficient amounts being recycled (as defined in §261.1(c)(8) of this chapter);
(b) Materials that are reclaimed and then reused within the original production process in which they were generated;
(c) Materials that have been reclaimed but must be reclaimed further before the materials are completely recovered.
(d) Hazardous secondary materials that are reclaimed in a continuous industrial process; and
(e) Hazardous secondary materials that are indistinguishable in all relevant aspects from a product or intermediate.
(f) Hazardous secondary materials that are transferred for reclamation under §261.4(a)(24) and are managed at a verified reclamation facility or intermediate facility where the management of the hazardous secondary materials is not addressed under a RCRA Part B permit or interim status standards.
[50 FR 661, Jan. 4, 1985; 50 FR 14219, Apr. 11, 1985, as amended at 59 FR 48041, Sept. 19, 1994; 73 FR 64758, Oct. 30, 2008; 80 FR 1771, Jan. 13, 2015]