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.
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.
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.
A beneficial use determination for production brine from an oil or gas well source or an LPG storage facility is an example of a case-specific BUD.
The BUD petition for production brine from an oil or gas well source or an LPG storage facility must include:
- An original letter signed and dated by the government agency representative or other property owner authorizing the use of brine on the locations identified in below item 3.
- The name, address and telephone number of the person, company or government seeking the approval.
- An identification (or map) of the specific roads or other areas that are to receive the brine and any brine storage locations, excluding the well site storage locations.
- The physical address of the brine storage locations from which the brine is hauled.
- For each well field or LPG storage facility, a chemical analysis of a representative sample of the brine performed by a NYSDOH approved laboratory for the following parameters: calcium, sodium, chloride, magnesium, total dissolved solids, pH, iron, barium, lead, sulfate, oil & grease, benzene, ethylbenzene, toluene, and xylene. Depending upon the analytical results, the Department may require additional analyses. (This analysis is not required for brine from a LPG well operation with a valid New York State SPDES permit.)
- A road spreading plan that includes a description of the procedures to prevent the brine from flowing or running off into streams, creeks, lakes and other bodies of water. The plan should include:
- a description of how the brine will be applied, including the equipment to be used and the method for controlling the rate of application. In general this should indicate that the brine is applied by use of a spreader bar or similar spray device with shut-off controls in the cab of the truck; and with vehicular equipment that is dedicated to this use or cleaned of previously transported waste materials prior to this use;
- the proposed rate and frequency of application;
- a description of application restrictions. For dust control and road stabilization use this description should indicate that the brine is not applied: after daylight hours; within 50 feet of a stream, creek, lake or other body of water; on sections of road having a grade exceeding 10 percent; or on wet roads, during rain, or when rain is imminent. For road deicing use, this description should indicate that the brine is applied in accordance with NYSDOT Guidelines for Anti-Icing with Liquids and include any other restrictions.
7. Where applicable, a brine storage plan that includes:
- A description of the type, material, size and number of storage tanks and the maximum anticipated storage;
- Procedures for fun-off and run-on control;
- Provisions for secondary containment; and
- A contingency plan.