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Beneficial Use Determinations (BUDs)

A Beneficial Use Determination (BUD) is a designation made by the Department pursuant to 6 NYCRR Part 360.12, whether Parts 360-365 Solid Waste Management 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 Parts 360-365) when used as described in the BUD.

Pre-Determined BUDs

There are 28 pre-determined BUDs listed in 6 NYCRR Part 360.12(c).

  • If any of these specific wastes are used by a generator or end user in the manner noted in Subdivision 360.12(c), they are not considered solid wastes.
  • Note that the point of waste cessation differs for various materials. Reporting of annual quantities to the Department is required when a quantity of material distributed in any year under these pre-determined BUDs exceeds 10,000 tons.

Notification of the Department is required for transport of Fill Material used under a pre-determined BUD in some instances. A form has been developed for this purpose:

Notification of Fill Material Reuse (PDF, 459 KB)

Case-Specific BUDs

In situations where a proposed reuse is not specifically identified in Subdivision 360.12(c), generators and potential users can petition the Department for a case-specific BUD in accordance with Subdivisions 360.12(d), (e), or (f).

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.

The Section 360.12 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 cessation 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 paper mill sludge as animal bedding;
  • The use of crushed countertop material as a construction aggregate;
  • The use of gypsum in the manufacture of wallboard or as a soil amendment; and
  • The use of a nitrate solution from silver processing as a fertilizer.

The list of BUDs that have been granted is available sorted by: Beneficial Use (PDF, 140 KB), Waste Type (PDF, 137 KB), and BUD Number (PDF, 144 KB).

Petitioning for a Case-Specific BUD

A case-specific BUD petition must be submitted in writing and must include all the information required by paragraph 360.12(d)(2), 360.12(e)(2), or 360.12(f)(2), unless otherwise directed by the Department. Forms are available to submit a petition for a BUD. In general, the individual, company or organization signing the petition form must be the material generator or potential end-user, not a third party (unless the third party can demonstrate it will be responsible for management of the material throughout the period of the BUD).

These forms are as follows:

Beneficial Use Determination Petition - General (PDF, 222 KB)
Beneficial Use Determination Petition - Cement Kiln Feedstock (PDF, 167 KB)
Beneficial Use Determination Petition - Materials for Case-Specific Fill or Cover Use (PDF, 326 KB)
Beneficial Use Determination Petition - Road Treatment Using Gas and Oil Well Production Brine or LPG Storage Brine (PDF, 135 KB)
Beneficial Use Determination Petition - Navigational Dredged Material (PDF, 167 KB)
Beneficial Use Petition - Animal Feed (PDF, 93 KB)

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 subdivisions 360.12(d), (e), or (f) 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.
  • The Department will respond in writing to the petitioner regarding granting of the BUD, denial of a BUD, or that the petition is incomplete. The time it will take to review a BUD petition will depend on the completeness of the petition, complexity of the project and whether coordination is needed with other Department programs or agencies.

Renewing a Case-Specific BUD

Pursuant to Paragraph 360.12(d)(7), case-specific BUDs are valid only for the time period stated in the letter granting the BUD, or for a period no longer than five years. The BUD holder can request to renew a BUD. Renewal requests must be in writing and include justification for review and approval by the Department. To assist with renewal requests, a form has been developed:

Beneficial Use Determination Renewal (PDF, 259 KB)

Annual Reporting for Case-Specific BUDs

BUD holders who must submit annual reports can use one of these forms:

Annual Report Form for Beneficial Use in 2017 - Case Specific (PDF, 66 KB)

Annual Report Form for Brine Use in 2017 - Brine (PDF, 26 KB)

Case-specific BUD Compliance Inspections

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.