What is the scope of the proposed case-specific non-waste determination petition process?
A. The case-specific non-waste determination petition process would allow petitioners to demonstrate that their hazardous secondary material clearly is not a solid waste because: (1) it is recycled in a continuous industrial process; or (2) it is indistinguishable in all relevant aspects from a product or intermediate; or (3) it is recycled via certain contractual arrangements. This regulatory mechanism is intended to address recycling practices that clearly do not involve discard of materials, and in essence can be considered normal manufacturing processes, rather than waste management operations.
