What is the procedure for obtaining a non-waste determination?
To request a non-waste determination, the facility must submit a petition to the authorized state or to EPA, if the state is not authorized for this regulatory provision. The petition must demonstrate that the specific recycling practice is consistent with the criteria specified in the regulations. The state or the Administrator will then evaluate the application and provide notification to the public in a newspaper or radio broadcast. After evaluating any public comments on the application, the state or the Administrator will make a determination granting or denying the petition. States that have not been formally authorized for the non-waste determination process may still participate if the following conditions are met: (1) the state determines that the hazardous secondary material meets the specified criteria; (2) the state requests EPA to review its determination; and (3) EPA approves the state determination.
