The rules can be confusing, but here is the best test: Hazardous Secondary Materials (HSM’s) that are used “as-is” as ingredients for industrial processes are generally NOT considered waste. In this case, the material should be used WITHOUT processing or handling in a way that is any different from virgin products they would use. Its best when the the material is a direct replacement for a prime material AND the material has CLEARLY RECOGNIZABLE VALUE. On the contrary, if the HSM is recycled, it is a waste unless specifically exempted or excluded. Even if the HSM is processed in a small way that is different for virgin materials, then it very well may be a violation of RCRA.