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0 E Commercial chemical products (listed in section 66261.33) * * ** ** Note: The terms "spent materials," "sludges," and "by-products" are defined in section 66260.10 * Except as provided in sections 66261.2(d)(1)(B) and 66261.2(d)(2)(B), a material designated by a single asterisk in Column (1), (2), (3), or (4) is a waste which is not eligible to be classified as a non- RCRA hazardous waste. ** Unless exempt pursuant to Health and Safety Code section 25143.2(d), a material designated with a double asterisk in Column (3) or (4) which is identified as a hazardous waste pursuant to section 66261.3 is a non-RCRA hazardous waste. Commercial chemical products which are "retrograde materials" as defined in section 66260.10 are not wastes until they become "recyclable materials" pursuant to subsection (e) of the definition of "recyclable materials" in section 66260.10. (e) A material is a waste if it is inherently waste -like when it is recycled. The following materials are wastes when they are recycled: (1) Hazardous Waste Nos. F020, F021 (unless used as an ingredient to make a product at the site of generation), F022, F023, F026 and F028. (2) Secondary materials fed to a halogen acid furnace that exhibit a characteristic of a hazardous waste or are listed as a hazardous waste as defined in articles 3 or 4 of this chapter, except for brominated material that meets the following criteria: (A) The material must contain a bromine concentration of at least 45%; and S (B) The materials must contain less than a total of 1% of toxic organic compounds listed in appendix VIII; and (C) The material is processed continually on-site in the halogen acid furnace via direct conveyance (hard piping). (f) A material is a waste if it poses a threat to human health or the environment and meets either, or both, of the following: (1) it is mislabeled or not adequately labeled, unless the material is correctly labeled or adequately labeled within 10 days after the material is discovered to be mislabeled or inadequately labeled; (2) it is packaged in deteriorated or damaged containers, unless the material is contained in sound or undamaged containers within 96 hours after the containers are discovered to be deteriorated or damaged. (g) Respondents in actions to enforce regulations implementing this division who claim that a certain material is not a waste or is conditionally exempt from regulation, must demonstrate that there is a known market or disposition for the material, and that they meet the terms of the exclusion or exemption. In doing so, they must provide appropriate documentation (such as contracts showing that a second person uses the material as an ingredient in a production process) to demonstrate that the material is not a waste, or is exempt from regulation, In addition, owners and operators of facilities claiming that they are recycling materials must show that they have the necessary equipment to do so. 0