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

---
identifier: "/us/cfr/t40/s260.30"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 260.30 - Non-waste determinations and variances from classification as a solid waste."
title_number: 40
title_name: "Protection of Environment"
section_number: "260.30"
section_name: "Non-waste determinations and variances from classification as a solid waste."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "I"
subchapter_name: "SOLID WASTES"
part_number: "260"
part_name: "HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 6905, 6912(a), 6921-6927, 6930, 6934, 6935, 6937, 6938, 6939, 6939g, and 6974."
regulatory_source: "45 FR 33073, May 19, 1980, unless otherwise noted."
cfr_part: "260"
---


# 260.30 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]