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. [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; 83 FR 24667, May 30, 2018]