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HazMat absorbent pad Indentification & Listing Of Hazardous Waste - 40 CFR 261.2

Discarded commercial chemical products, off-specification species, container residues, and spill residues

X states that materials or items are hazardous wastes if and when they are discarded or intended to be discarded, when they are mixed with waste oil, used oil, or other material, and applied to the land for dust suppression or road treatment, when they are otherwise applied to the land in lieu of their original intended use, or when they are contained in products that are applied to the land in lieu of their original intended use, or when they are produced for use as (or as a component of) a fuel, distributed for use as a fuel, or burned as a fuel.

Unless the residue is being beneficially used or reused, or legitimately recycled or reclaimed; or being accumulated, stored, transported or treated prior to such use, re-use, recycling or reclamation, the EPA considers the residue to be intended for disposal as a hazardous waste. An example of a legitimate re-use of the residue would be where the residue remains in the container and the container is used to hold the same commercial chemical product or manufacturing chemical intermediate it previously held. An example of the discard of the residue would be where the drum is sent to a drum reconditioner who reconditions the drum but discards the residue.

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