Beneficial Use Determinations (BUDs)

A Beneficial Use Determination (BUD), is a designation made by the Department as to whether the Part 360 Solid Waste Management Facilities regulations have jurisdiction over waste material which is to be beneficially used. Once the Department grants a BUD, the waste material ceases to be considered a solid waste (for the purposes of Part 360) when used as described.

Since BUDs involve determinations over the jurisdiction of the solid waste permit program, BUDs differ significantly from permits. Accordingly, compliance with 6 NYCRR Part 617 State Environmental Quality Review and 6 NYCRR Part 621 Uniform Procedures do not apply to the BUD review process.

Pre-Determined BUDs

There are 16 pre-determined BUDs listed in 6 NYCRR Part 360-1.15(b). If any of these specific wastes are used by a generator or end user in the manner noted in Part 360-1.15(b), they are not considered solid wastes. Please note, however, that some of these are not self-implementing and may require a 360 permit or demonstration testing and Department authorization.

Case-Specific BUDs

In situations where a particular proposed reuse is not specifically identified in Subdivision 360-1.15(b), generators and potential users can petition the Department for a case-specific BUD in accordance with Subdivision 360-1.15(d). A case-specific BUD petition must include all the information required by paragraph 360-1.15(d)(1), unless otherwise directed by the Department. Following a review of the petition, the Department will determine whether the proposed use constitutes a beneficial use based on a showing that all criteria outlined in subdivision 360-1.15(d) have been met. For example, a petition that seeks a BUD for the substitution of a waste material for a raw material in a manufacturing process will be evaluated to determine whether the proposed use is a legitimate substitution, or whether the predominant nature of the use is comparable to disposal.

Generally, case-specific BUDs are for waste material used:

as a substitute for a component material in the manufacture of a product;
as a substitute for a commercial product; or
as an alternative fuel.

The Part 360 regulations further clarify that when granting a case-specific BUD, the Department will determine, on a case-by-case basis, the precise point in the proposed process and/or use at which the waste material ceases to be regulated as a solid waste. This is typically designated at the point in the process where the waste material will be used. A BUD petition may include a request that the point of reclassification be designated at some point in the process before actual use. In evaluating such requests, the Department will consider the potential for improper disposal of the waste material and the possibility that the handling, transfer, and storage of the waste material may have an adverse impact on the public health, safety or welfare, the environment, or natural resources.

Some examples of case-specific BUDs that have been granted include:

The use of dried papermill sludge as animal bedding,
The use of foundry sand as an aggregate in the production of concrete,
The use of gypsum in the manufacture of wallboard or as a soil amendment, and
The use of tire chips in civil engineering applications such as backfill material.

In order to ensure that waste material that has received a BUD is being utilized consistently in accordance with the BUD provisions, inspections are conducted from time to time to ensure compliance.