---
kind: "section"
citation: "40 C.F.R. § 260.30"
title: "40"
number: "260.30"
heading: "Non-waste determinations and variances from classification as a solid waste."
url: "https://uscodex.org/cfr/40/260.30"
---

# §260.30. Non-waste determinations and variances from classification as a solid waste.


In accordance with the standards and criteria in [§ 260.31](/cfr/40/260.31.md) and [§ 260.34](/cfr/40/260.34.md) and the procedures in [§ 260.33](/cfr/40/260.33.md), 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)](/cfr/40/261.1.md?p=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.

## Notes

### Amendments

[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]

### Authority

Authority: 42 U.S.C. 6905, 6912(a), 6921-6927, 6930, 6934, 6935, 6937, 6938, 6939, 6939g, and 6974.

### Source

Source: 45 FR 33073, May 19, 1980, unless otherwise noted.

### Amendments

[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]