R 299.9801 Recyclable materials used in manner constituting disposal.

Rule 801. (1) The requirements of this rule apply to recyclable materials that are applied to or placed on the land in either of the following ways: (a) Without mixing with another substance. (b) After mixing or combining with another substance or substances. (2) The materials specified in subrule (1) of this rule are referred to in this rule as materials "used in a manner that constitutes disposal." (3) 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 under these rules if the recyclable materials have undergone a chemical reaction in the course of producing the product so as to become inseparable by physical means and if the products comply with the applicable treatment standards specified in R 299.9313, R 299.9413, and R 299.9627, or if no treatment standards have been established, the applicable prohibition levels specified in 40 CFR 268.32 or section 3004(d) of RCRA, 42 USC 6924, for each recyclable material that the products contain, and the recycler complies with 40 CFR 268.7(b)(6). (4) An antiskid/deicing use of slags that are generated from the high temperature metals recovery (HTMR) processing of K061, K062, and F006 in a manner that constitutes disposal is not covered by the exemption in subrule (3) of this rule and the use remains subject to regulation under part 111 and these rules. (5) Fertilizers that contain recyclable materials are not subject to regulation provided that they meet both of the following conditions: (a) They are zinc fertilizers excluded from the definition of waste according to R 299.9204(1)(x). (b) They meet the applicable treatment standards in 40 CFR part 268, subpart D for each hazardous waste they contain. (6) Generators and transporters of materials that are used in a manner that constitutes disposal are subject to the applicable requirements of parts 3 and 4 of these rules. (7) Owners or operators of facilities that store recyclable materials that are to be used in a manner that constitutes disposal, but are not the ultimate users of the materials, are regulated pursuant to all the applicable provisions of parts 5, 6, and 7 of these rules. (8) Owners or operators of facilities that use recyclable materials in a manner that constitutes disposal are regulated pursuant to all the applicable provisions of parts 5, 6, and 7 of these rules, except that these requirements do not apply to products that contain these recyclable materials pursuant to subrule (3) of this rule. (9) Waste, used oil, or other material that is contaminated with a hazardous waste must not be used for dust suppression or road treatment.