---
kind: "range"
citation: "40 C.F.R. §§ 266.20–266.23"
title: "40"
from: "266.20"
to: "266.23"
count: 4
url: "https://uscodex.org/cfr/40/266.20..266.23"
---

# §266.20. Applicability.

- (a) The regulations of this subpart apply to recyclable materials that are applied to or placed on the land:
  - (1) Without mixing with any other substance(s); or
  - (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 products so as to become inseparable by physical means and if such products meet the applicable treatment standards in [subpart D of part 268](/cfr/40/part268-subpartD.md) (or applicable prohibition levels in [§ 268.32](/cfr/40/268.32.md) of this chapter or RCRA [section 3004(d)](/cfr/40/3004.md?p=d), where no treatment standards have been established) for each recyclable material (i.e., hazardous waste) that they contain, and the recycler complies with [§ 268.7(b)(6)](/cfr/40/268.7.md?p=b-6) of this chapter.
- (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 [paragraph (b)](#b) of this section and remain subject to regulation.
- (d) **Fertilizers that contain recyclable materials are not subject to regulation provided that—**
  - (1) They are zinc fertilizers excluded from the definition of solid waste according to [§ 261.4(a)(21)](/cfr/40/261.4.md?p=a-21) of this chapter; or
  - (2) They meet the applicable treatment standards in [subpart D of Part 268](/cfr/40/part268-subpartD.md) of this chapter for each hazardous waste that they contain.

# §266.21. 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 parts [262](/cfr/40/part262.md) and [263](/cfr/40/part263.md) of this chapter, and the notification requirement under [section 3010](/cfr/40/3010.md) of RCRA.


# §266.22. 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 subparts [A](/cfr/40/part264-subpartA.md) through [L](/cfr/40/part264-subpartL.md) of parts 264, 265 and 267, and parts [270](/cfr/40/part270.md) and [124](/cfr/40/part124.md) of this chapter and the notification requirement under [section 3010](/cfr/40/3010.md) of RCRA.


# §266.23. Standards applicable to users of materials that are used in a manner that constitutes disposal.

- (a) Owners or operators of facilities that use recyclable materials in a manner that constitutes disposal are regulated under all applicable provisions of subparts [A](/cfr/40/part124-subpartA.md) through [N](/cfr/40/part124-subpartN.md) of parts 124, 264, 265, 268, and 270 of this chapter and the notification requirement under [section 3010](/cfr/40/3010.md) of RCRA. (These requirements do not apply to products which contain these recyclable materials under the provisions of [§ 266.20(b)](/cfr/40/266.20.md?p=b) of this chapter.)
- (b) The use of waste or used oil or other material, which is contaminated with dioxin or any other hazardous waste (other than a waste identified solely on the basis of ignitability), for dust suppression or road treatment is prohibited.