Section 721.APPENDIX Z Table to Section 721.102: Recycled Materials That Are Solid Waste

The following table lists the instances when a recycled secondary material is solid waste, based on the type of secondary material and the mode of material management during recycling. This table supports the requirements of the recycling provision of the definition of solid waste rule, at Section 721.102(c).

Table

	1	2	3		4
	Use constituting disposal	Burning for energy recovery or use to produce a fuel	Reclamation (except as provided in Section 721.104(a)(17), (a)(23), (a)(24), or (a)(27))		Speculative accumulation

Applicable Subsection of Section 721.102:	(c)(1)	(c)(2)	(c)(3)		(c)(4)

Spent materials	Yes	Yes		Yes	Yes

Sludges (listed in Section 721.131 or 721.132)	Yes	Yes		Yes	Yes

Sludges exhibiting a characteristic of hazardous waste	Yes	Yes		No	Yes

By-products (listed in Section 721.131 or 721.132)	Yes	Yes		Yes	Yes

By-products exhibiting a characteristic of hazardous waste	Yes	Yes		No	Yes

Commercial chemical products listed in Section 721.133	Yes	Yes		No	No
Scrap metal that is not excluded pursuant to Section 721.104(a)(13)	Yes	Yes		Yes	Yes

Yes – Defined as a solid waste

No – Not defined as a solid waste

BOARD NOTE: Derived from Table 1 to 40 CFR 261.2 (2017). The terms "spent materials", "sludges", "by-products", "scrap metal", and "processed scrap metal" are defined in Section 721.101.

(Source: Amended at 42 Ill. Reg. 21673, effective November 19, 2018)