(a) In accordance with the standards and criteria in §335.19 of this title (relating to Standards and Criteria for Variances from Classification as a Solid Waste) and §335.32 of this title (relating to Standards and Criteria for Non-Waste Determinations), and in accordance with the procedures in §335.21 of this title (relating to Procedures for Variances from Classification as a Solid Waste or To Be Classified as a Boiler or for Non-Waste Determinations) the executive director may determine on a case-by-case basis that the following recyclable materials and nonhazardous recyclable materials are not solid wastes:
  (1) materials that are accumulated speculatively without sufficient amounts being recycled (as defined in §335.17 of this title (relating to Special Definitions for Recyclable Materials and Nonhazardous Recyclable Materials));
  (2) materials that are reclaimed and then reused within the original production process in which they were generated;
  (3) materials that have been reclaimed but must be reclaimed further before the materials are completely recovered;
  (4) hazardous secondary materials that are reclaimed in a continuous industrial process; or
  (5) hazardous secondary materials that are indistinguishable in all relevant aspects from a product or intermediate.
(b) Other portions of this chapter that relate to solid wastes that are recycled include §335.1 of this title (relating to Definitions), under the definition of "Solid waste," §335.6 of this title (relating to Notification Requirements), §335.17 of this title, §335.19 of this title, §335.20 of this title (relating to Variance To Be Classified as a Boiler), §335.21 of this title, §335.22 of this title (relating to Additional Regulation of Certain Hazardous Waste Recycling Activities on a Case-by-Case Basis), §335.23 of this title (relating to Procedures for Case-by-Case Regulation of Hazardous Waste Recycling Activities), §335.24 of this title (relating to Requirements for Recyclable Materials and Nonhazardous Recyclable Materials), Subchapter H of this chapter (relating to Standards for the Management of Specific Wastes and Specific Types of Facilities), and Subchapter V of this title (relating to Standards for Reclamation of Hazardous Secondary Materials).

Source Note: The provisions of this §335.18 adopted to be effective May 29, 1986, 11 TexReg 2335; amended to be effective March 1, 1996, 21 TexReg 1425; amended to be effective October 19, 1998, 23 TexReg 10878; amended to be effective June 16, 2016, 41 TexReg 4259; amended to be effective February 3, 2022, 47 TexReg 318