26.13.10.01

.01 Recyclable Materials Used in a Manner Constituting Disposal.

A. Applicability.

(1) This regulation applies to recyclable materials that are applied to or placed on the land:

(a) Without mixing with any other substance or substances; or

(b) After mixing or combining with any other substance or substances.

(2) The materials in §A(1) of this regulation are referred to throughout this regulation as "materials used in a manner that constitutes disposal".

(3) Except as provided in §A(4) and (5) of this regulation, products produced for the general public's use that are used in a manner that constitutes disposal and that contain recyclable materials are not presently subject to regulation if:

(a) The recyclable materials have undergone a chemical reaction in the course of producing the product so as to become inseparable by physical means; and

(b) For each recyclable material, that is, hazardous waste, that the product contains, the product meets the applicable:

(i) Treatment standards in 40 CFR Part 268, Subpart D; or

(ii) Prohibition levels in 40 CFR §268.32 or RCRA §3004(d), if no treatment standards have been established under 40 CFR Part 268, Subpart D.

(4) Slags that are generated from high temperature metals recovery (HTMR) processing of hazardous waste K061, K062, and F006, and that are used as an antiskid agent or deicing agent in a manner that constitutes disposal, are not covered by the exemption in §A(3) of this regulation.

(5) A fertilizer that contains recyclable materials is not subject to regulation as hazardous waste when used for its intended purpose if the fertilizer meets the applicable treatment standard in 40 CFR Part 268, Subpart D, for each recyclable material, that is, hazardous waste, that it contains.

B. Standards Applicable to Generators and Transporters of Materials Used in a Manner That Constitutes Disposal. Generators and transporters of materials that are used in a manner that constitutes disposal are subject to the applicable requirements of COMAR 26.13.03 and 26.13.04 and the notification requirement of Section 3010 of RCRA.

C. Standards Applicable to Storers of Materials That Are To Be Used in a Manner That Constitutes Disposal, Who Are Not the Ultimate Users. Owners or operators of facilities that store recyclable materials that are to be used in a manner that constitutes disposal, but who are not the ultimate users of the materials, are regulated under all applicable provisions of COMAR 26.13.02, 26.13.05.01—.12, 26.13.06.01—.20, and 26.13.07, and the notification requirement under §3010 of RCRA.

D. Standards Applicable to Users of Materials That Are Used in a Manner That Constitutes Disposal.

(1) Owners or operators of facilities that use recyclable materials in a manner that constitutes disposal are regulated under all applicable provisions of COMAR 26.13.02, 26.13.05, 26.13.06, and 26.13.07, and §3010 of RCRA, except that these requirements do not apply to products which contain these recyclable materials under the provisions of §A(3) of this regulation.

(2) The use of waste or used oil or other material, which is contaminated with a hazardous waste, for dust suppression or road treatment is prohibited.