40 CFR 260.30 : Protection Of Environment (§ 1.1 To Parts 1851-1899) — (§ 260.1 To Appendix Vi To Part 265) — Environmental Protection Agency (Continued) (§ 260.1 To Appendix Vi To Part 265) — Solid Wastes (Continued) (§ 260.1 To Appendix Vi To Part 265) — Hazardous Waste Management System: General (§ 260.1 To § 260.43) — Rulemaking Petitions (§ 260.20 To § 260.43) — 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.