(1)

by striking does not include solid and inserting

does not include—

(A)

solid;

(2)

by striking sewage, or solid and inserting

sewage;

(B)

solid;

(3)

by striking 880), or source and inserting

880);

(C)

source;

(4)

by striking 923). and inserting 923);; and

(5)

by adding at the end the following:

(D)

any non-hazardous secondary materials determined to be non-waste pursuant to part 241 of title 40, Code of Federal Regulations, as in effect on the date of enactment of the ReCement Act; or

(E)

a recovered material or recovered resource—

(i)

that would not be identified as a hazardous waste if such recovered material or recovered resource were to be discarded; and

(ii)

(I)

that is used as an ingredient or fuel in place of a traditional ingredient or fuel in the manufacture of cement or clinker, provided that the recovered material or recovered resource is managed as a valuable commodity prior to such use;

(II)

that is managed within the control of the generator and meets the legitimacy criteria under part 241 of title 40, Code of Federal Regulations, as in effect on the date of enactment of the ReCement Act;

(III)

that is an ingredient and meets the legitimacy criteria described in subclause (II); or

(IV)

that was discarded but is processed prior to use as an ingredient or fuel and meets the legitimacy criteria described in subclause (II).