40 C.F.R. § 260.30

Non-waste determinations and variances from classification as a solid waste

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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;

(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]

Notes of Decisions

Cited in 1 case, 2009–2009 · leading case: Wheeling-Pittsburgh Steel Corp. v. Dep't of Env't Prot., 979 A.2d 931 (Pa. Commw. Ct. 2009).

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Wheeling-Pittsburgh Steel Corp. v. Dep't of Env't Prot., 979 A.2d 931 (Pa. Commw. Ct. 2009). “” 40 C.F.R. § 260.30 . 6 . Because EHB agreed with DEP's interpretation of the regulations, we will not address DEP’s complaint that EHB failed to give proper deference to DEP's interpretation by engaging in its own interpretation, rather than deciding whether DEP's…”

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