Section 260.30 - Non-waste determinations and variances from classification as a solid wasteIn 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