|(a) The regulations of this section and §§335.212
- 335.214 of this title (relating to Standards Applicable to Generators
and Transporters of Materials Used in a Manner that Constitutes Disposal;
Standards Applicable to Storers of Materials That Are To Be Used In
a Manner that Constitutes Disposal Who Are Not the Ultimate Users;
and Standards Applicable to Users of Materials That Are Used in a
Manner that Constitutes Disposal) apply to recyclable materials that
are applied to or placed on the land:
(1) without mixing with any other substance(s);
(2) 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.
(b) 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 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 such products meet the applicable treatment standards in 40
Code of Federal Regulations (CFR), Part 268, Subpart D (or applicable
prohibition levels in 40 CFR §268.32 or Resource Conservation
Recovery Act, §3004(d), where no treatment standards have been
established) for each recyclable material (i.e., hazardous waste)
that they contain, and the recycler complies with 40 CFR §268.7(b)(6).
Commercial fertilizers that are produced for the general public's
use that contain recyclable materials also are not presently subject
to regulation provided they meet these same treatment standards or
prohibition levels for each recyclable material that they contain.
However, zinc-containing fertilizers using hazardous waste K061 that
are produced for the general public's use are not presently subject
(c) 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 subsection (b) of this section and
remain subject to regulation.
|Source Note: The provisions of this §335.211 adopted to be effective May 28, 1986, 11 TexReg 2348; amended to be effective August 30, 1988, 13 TexReg 4072; amended to be effective November 23, 1993, 18 TexReg 8218; amended to be effective October 19, 1998, 23 TexReg 10878; amended to be effective January 8, 2015, 40 TexReg 77