---
kind: "section"
citation: "40 C.F.R. § 266.20"
title: "40"
number: "266.20"
heading: "Applicability."
url: "https://uscodex.org/cfr/40/266.20"
---

# §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.

## Notes

### Amendments

[50 FR 666, Jan. 4, 1985, as amended at 52 FR 21307, June 5, 1987; 54 FR 36970, Sept. 6, 1989; 59 FR 43500, Aug. 24, 1994; 67 FR 48414, July 24, 2002; 77 FR 22232, Apr. 13, 2012]

### Authority

Authority: 42 U.S.C. 1006, 2002(a), 3001-3009, 3014, 3017, 6905, 6906, 6912, 6921, 6922, 6924-6927, 6934, and 6937.

### Source

Source: 50 FR 666, Jan. 4, 1985, unless otherwise noted.

### Amendments

[50 FR 666, Jan. 4, 1985, as amended at 52 FR 21307, June 5, 1987; 54 FR 36970, Sept. 6, 1989; 59 FR 43500, Aug. 24, 1994; 67 FR 48414, July 24, 2002; 77 FR 22232, Apr. 13, 2012]