40 CFR § 262.215
Unwanted material that is not solid or hazardous waste
June 9, 2020
(a) If an unwanted material does not meet the definition of solid waste in §261.2, it is no longer subject to this subpart or to the RCRA hazardous waste regulations.
(b) If an unwanted material does not meet the definition of hazardous waste in §261.3, it is no longer subject to this subpart or to the RCRA hazardous waste regulations, but must be managed in compliance with any other applicable regulations and/or conditions.