[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR20.9]

[Page 226-227]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 20_CERTIFICATION OF FACILITIES--Table of Contents
 
Sec. 20.9  Cost recovery.

    Where it appears that, by reason of estimated profits to be derived 
through the recovery of wastes, through separate charges for use of the 
facility in question, or otherwise in the operation of such facility, 
all or a portion of its costs may be recovered over the period referred 
to in paragraph (a)(6) of 26 CFR 1.169-2, the Regional Administrator 
shall so signify in the notice of

[[Page 227]]

certification. Determinations as to the meaning of the term estimated 
profits and as to the percentage of the cost of a certified facility 
which will be recovered over such period shall be made by the Secretary 
of the Treasury, or his delegate: Provided, That in no event shall 
estimated profits be deemed to arise from the use or reuse by the 
applicant of recovered waste.