DSW Decision Tool V2 Specifications

A hazardous secondary material is not a solid waste provided that it is managed in land-based units as defined in 40 CFR 260.10 and is:

generated and reclaimed under the control of the generator as defined in 40 CFR 260.10,
contained,
generated and reclaimed within the United States and its territories,
not speculatively accumulated, as defined in 40 CFR 261.1(c)(8),
not otherwise subject to material-specific management conditions under 40 CFR 261.4(a) when reclaimed,
not a spent lead acid battery (see 40 CFR 266.80 and 273.2),
does not meet the listing description for K171 or K172 in 40 CFR 261.32, and that
the reclamation of the material is legitimate, as specified under 40 CFR 260.43, and
persons claiming the exclusion under 40 CFR 261.4(a)(23) or the exclusion under 40 CFR 261.2(a)(2)(ii) must provide notification as required by 40 CFR 260.42).

A hazardous secondary material is not a solid waste provided that

the material is not speculatively accumulated, as defined in 40 CFR 261.1(c)(8),
the material is not otherwise subject to material-specific management conditions under 40 CFR 261.4(a) when reclaimed,
the material is not a spent lead acid battery (see 40 CFR 266.80 and 273.2),
the material does not meet the listing description for K171 or K172 in 40 CFR 261.32,
the reclamation of the material is legitimate, as specified under 40 CFR 260.43,
persons claiming the exclusion must provide notification as required by 40 CFR 260.42),
the material is contained,
generators make reasonable efforts,
generators and reclaimers maintain shipping records,
generators maintain and reclaimers send confirmations of receipt,
generators provide notice and obtain consent for hazardous secondary materials exported for reclamation,
reclaimers and intermediate facilities manage materials in a manner at least as protective with analogous raw materials,
reclaimers manage recycling residuals safely, and
reclaimers and intermediate facilities have financial assurance.