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