1. (1) The regulations of this section apply to recyclable materials that are applied to or placed on the land:

   1. (i) without mixing with any other substance(s); or
   2. (ii) after mixing or combination with any other substance(s). These materials will be referred to throughout this Subpart as "materials used in a manner that constitutes disposal."

2. (2) 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:

   1. (i) the recyclable materials have undergone a chemical reaction in the course of producing the products so as to become inseparable by physical means; and
   2. (ii) such products meet the applicable treatment standards in section 376.4 of this Title (or applicable prohibition levels in section 376.3[h] or RCRA section 3004[d] [see section 370.1{e} of this Title], where no treatment standards have been established) for each recyclable material (i.e., hazardous waste) that they contain; and
   3. (iii) the recycler complies with section 376.1(g)(2)(vi) of this Title.
3. (3) Anti-skid/deicing uses of slags, which are generated from high temperature metals recovery (HTMR) processing of hazardous waste K061, K062 and F006, in a manner constituting disposal are not covered by the exemption in paragraph (2) of this subdivision and remain subject to regulation.

4. (4) Fertilizers that contain recyclable materials are not subject to regulation provided that:

   1. (i) they are zinc fertilizers excluded from the definition of solid waste according to section 371.1(e)(1)(xx) of this Title; or

   2. (ii) they meet the applicable treatment standards in section 376.4 of this Title for each hazardous waste that they contain.

      (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 requirements of Part 372 of this Title.

      (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 sections 373-2.1 through 373-2.12, sections 373-3.1 through 373-3.12, and Subpart 373.1 of this Title.

      (d) Standards applicable to users of materials that are used in a manner that constitutes disposal.

5. (1) Owners or operators of facilities that use recyclable materials in a manner that constitutes disposal are regulated under all applicable provisions of sections 373-2.1 through 373-2.14, sections 373-3.1 through 373-3.14, Subpart 373-1 and Part 376 of this Title. (These requirements do not apply to products which contain these recyclable materials under the provisions of paragraph [a][2] of this section.)
6. (2) The use of any material which is contaminated with dioxin or any other hazardous waste for dust suppression or road treatment is prohibited.

(a) Applicability.