<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".01" citation="COMAR 26.13.10.01" title_num="26" subtitle_num="13" chapter_num="10" heading="Recyclable Materials Used in a Manner Constituting Disposal.">
  <paragraph num="A.">
    <text>Applicability.</text>
    <paragraph num="(1)">
      <text>This regulation applies to recyclable materials that are applied to or placed on the land:</text>
      <paragraph num="(a)">
        <text>Without mixing with any other substance or substances; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>After mixing or combining with any other substance or substances.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The materials in §A(1) of this regulation are referred to throughout this regulation as “materials used in a manner that constitutes disposal”.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>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:</text>
      <paragraph num="(a)">
        <text>The recyclable materials have undergone a chemical reaction in the course of producing the product so as to become inseparable by physical means;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>For each recyclable material, that is, hazardous waste, that the product contains, the product meets the applicable:</text>
        <paragraph num="(i)">
          <text>Treatment standards in 40 CFR Part 268, Subpart D; or</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>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; and</text>
        </paragraph>
      </paragraph>
      <paragraph num="(c)">
        <text>The recycler complies with the requirements of 40 CFR §268.7(b)(6), either directly or, if located in Maryland, as qualified by COMAR 26.13.09.03B.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>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.</text>
  </paragraph>
  <paragraph num="C.">
    <text>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.</text>
  </paragraph>
  <paragraph num="D.">
    <text>Standards Applicable to Users of Materials That Are Used in a Manner That Constitutes Disposal.</text>
    <paragraph num="(1)">
      <text>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, 26.13.07, and 26.13.09 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.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
  </paragraph>
</regulation>