40 CFR § 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