waste determinations.
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(c) In the event of a change in circumstances that affect how a hazardous secondary material meets the relevant criteria contained in Sec. 260.31, Sec. 260.32, or Sec. 260.34 upon which a variance or non-waste determination has been based, the applicant must send a description of the change in circumstances to the Administrator. The Administrator may issue a determination that the hazardous secondary material continues to meet the relevant criteria of the variance or non-waste determination or may require the facility to re-apply for the variance or non-waste determination.
(d) Variances and non-waste determinations shall be effective for a fixed term not to exceed ten years. No later than six months prior to the end of this term, facilities must re-apply for a variance or non-waste determination. If a facility re-applies for a variance or non-waste determination within six months, the facility may continue to operate under an expired variance or non-waste determination until receiving a decision on their re-application from the Administrator.
(e) Facilities receiving a variance or non-waste determination must provide notification as required by Sec. 260.42 of this chapter.