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.
Predetermined BUDs
There are 28 predetermined 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 predetermined BUDs exceeds 10,000 tons. See below for this Predetermined BUD Large Quantity Reporting form.
- NEW Quick Reference Guide for Reuse of Construction Site Materials (PDF, 420 KB)
Predetermined BUD Use Forms
If you are transporting or using any material under one of the predetermined BUDs, you can carry a form to show that you are using the material pursuant to Department regulation. Choose the appropriate Predetermined BUD Use Form(s) and add your company information. The completed form can be provided to contractors, transporters, or local and state officials when needed to document the reuse of material. You can also print a regulatory citation that does not include your company information. Use of these forms is optional.
Notification of the Department is required for transport of Fill Material used under a predetermined 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.
For a sortable list of Granted BUDs, see Case-Specific Beneficial Use Determinations: Beginning 1988 on NYS Open Data (leaving DEC website).
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, 322 KB)
Beneficial Use Determination Petition - Cement Kiln Feedstock (PDF, 372 KB)
Beneficial Use Determination Petition - Materials for Case-Specific Fill or Cover Use (PDF, 430 KB)
Beneficial Use Determination Petition - Road Treatment Using Gas and Oil Well Production Brine or LPG Storage Brine (PDF, 234 KB)
Beneficial Use Determination Petition - Navigational Dredged Material (PDF, 255 KB)
Beneficial Use Petition - Animal Feed (PDF, 245 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 BUDs
BUD holders who must submit annual reports can use one of these forms:
Annual Report Form for Beneficial Use in 2022 - Case Specific (PDF, 188 KB)
Annual Report Form for Brine Use in 2022 - Brine (PDF, 129 KB)
Annual Report Form for Pre-Determined Beneficial Use in 2022 - Large Quantity (PDF, 132 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.
Predetermined BUD Use Forms
If you are transporting or using any material under any of the predetermined BUDs, you can carry a form to show that you are using the material pursuant to Department regulation. The completed form can be provided to contractors, transporters, or local and state officials when needed to document the reuse of material. You can also print a regulatory citation that does not include your company information. Use of these forms is optional.
To generate a Predetermined BUD Use Form, open the form of your choice and select the relevant citation from the drop-down menu based on your material, using the table included with the form as a guide. If you choose the form with site-specific information, enter the company and contact information. The specific form you need will be created and you can print it for use.
These forms do not need DEC approval, but take note if Waste Transporters authorization is required as stated on your form.
Form with Site-Specific Information (PDF, KB)
Form with Regulatory Citation Only (PDF, KB)
Notification of the Department is required for transport of Fill Material used under a predetermined BUD in some instances. A form has been developed for this purpose:
Notification of Fill Material Reuse (PDF, 459, KB)
| Material | Beneficial Use |
Regulatory Citation |
|
|---|---|---|---|
| No Longer Considered Solid Waste When Used | |||
| Certain excluded hazardous wastes | Reclamation, recycling, or reuse in process | 360.12(c)(1)(i) | |
| Untested clean soil* | Fill or cover | 360.12(c)(1)(ii) | |
| Tested clean soil (general fill)* | Fill or cover | 360.12(c)(1)(iii) | |
| Urban or mixed fill material | Fill | Use Notification of Fill Reuse Form | |
| Dredged sand and gravel | Aggregate | 360.12(c)(1)(iv) | |
| *Only for soil generated outside New York City | |||
| No Longer Considered Solid Waste When Received at Location of Use | |||
| Uncontaminated newsprint | Animal bedding | 360.12(c)(2)(i) | |
| Uncontaminated used wood pallets | Reconditioned or remanufactured pallets | 360.12(c)(2)(ii) | |
| Street sweepings, car wash grit, or water system catch basin material | Aggregate or fill | 360.12(c)(2)(iii) | |
| Whole or cut waste tires | Tarpaulin weights | 360.12(c)(2)(iv) | |
| Bread, bakery products, and spent brewery grains | Livestock or pet food | 360.12(c)(2)(vi) | |
| Unprocessed, source-separated recyclables | Manufacturing feedstock | 360.12(c)(2)(vii) | |
| No Longer Considered Solid Waste When Meeting Requirements for Use | |||
| Ground granulated blast-furnace slag | Cement kiln feedstock or concrete aggregate | 360.12(c)(3)(i) | |
| Unadulterated wood ash | Soil amendment | 360.12(c)(3)(ii) | |
| Industrial waste | Manufacturing feedstock (historical use) | 360.12(c)(3)(iii) | |
| Fats, oil, grease, and rendered animal parts | Feedstock for non-fuel products | 360.12(c)(3)(iv) | |
| Coal combustion fly ash | Ingredient in concrete products, block, flowable fill | 360.12(c)(3)(v) | |
| Flue-gas desulfurization or other gas-scrubbing byproducts | Substitutes for gypsum and calcium chloride (except for land application) | 360.12(c)(3)(vi) | |
| Coal combustion bottom ash | Aggregate in concrete, asphalt pavement, or roofing materials | 360.12(c)(3)(vii) | |
| Crushed concrete, brick, and/or rock | Aggregate or subbase | 360.12(c)(3)(viii) | |
| Ground or milled asphalt pavement | Subbase, backfill of utility cuts, or in pavement mixes | 360.12(c)(3)(ix) | |
| Mixed crushed concrete, brick, rock, and asphalt pavement | Subbase or fill under pavement | Feb. 12, 2021 EDL Sub II | |
| Asphalt pavement chunks or millings | Delivered to asphalt pavement manufacturing plant | 360.12(c)(3)(x) | |
| Clay, till, or rock excavated as part of navigational dredging | Aggregate or fill | 360.12(c)(3)(xi) | |
| Materials Processed at Solid Waste Management Facilities | |||
| Processed recyclables, such as crushed glass | Aggregate, mulch, drainage media, manufacturing ingredient | 360.12(c)(4)(i) | |
| Compost and other products from 361-3 facilities | Soil conditioning | 360.12(c)(4)(ii) | |
| Ground tree debris, wood debris, yard trimmings | Mulch, absorbent, etc. | 360.12(c)(4)(iii) | |
| Tire-derived aggregate | Residential septic systems, mulch, playgrounds and athletic fields | 360.12(c)(4)(iv) | |
| Scrap metal | Recycling | 360.12(c)(4)(v) | |
| Processed used cooking oil and yellow grease | Products meeting applicable standards | 360.12(c)(4)(vi) | |
