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New York
General
This state resource locator contains information on the beneficial use of industrial byproducts for the state of New York. Also included are EPA and private industry resources.

New York Beneficial Use Policy
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. 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. 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).

Applicable New York Agency/Division
New York Department of Environmental Conservation, Division of Solid and Hazardous Materials. The New York State Solid Waste Management Program is administered as a regionalized program. All Part 360 permits, registrations, variances and other permit related determinations regarding the construction and operation of solid waste management facilities are issued on a regional basis.

Regulations

New York Definition of Beneficial Use
Determined in writing, on a case-by-case basis, whether the proposal constitutes a beneficial use based on a showing that all of the following criteria have been met: (i) the essential nature of the proposed use of the material constitutes a reuse rather than disposal; (ii) the proposal is consistent with the solid waste management policy contained in section 27-0106 of the ECL; (iii) the material under review must be intended to function or serve as an effective substitute for an analogous raw material or fuel. When used as a fuel, the material must meet the requirements of paragraph 360-3.1(c)(4) of this Part and the facility combusting the material must comply with the registration requirements in subdivision 360-3.1(c) of this Part, if appropriate; (iv) for a material which is proposed for incorporation into a manufacturing process, the material must not be required to be decontaminated or otherwise specially handled or processed before such incorporation, in order to minimize loss of material or to provide adequate protection, as needed, of public health, safety or welfare, the environment or natural resources; (v) whether a market is existing or is reasonably certain to be developed for the proposed use of the material under review or the product into which the solid waste under review is proposed to be incorporated; and (vi) other criteria as the department shall determine in its discretion to be appropriate.

Materials Approved for Beneficial Use
Below is a listing of materials and beneficial uses that have been approved either on a case-by-case or pre-approved basis. This list of pre-approved and case-by-case uses is not an exhaustive list of all materials being beneficially used in a state. Some states also may have additional materials in use under a statutory exemption or through allowances in state rules. Before implementing the beneficial use of any material, you should contact the New York Department of Environmental Conservation, Division of Solid and Hazardous Materials. You may be required to submit an application form, implement certain management practices, provide periodic reports or meet other requirements. (Click on the approved material to find other states that have also approved this material.)

More New York Information

Additional Information

  • The Association of State and Territorial Solid Waste Management Officials (ASTSWMO) 2006 Beneficial Use Survey Report (11/2007). ASTSWMO’s Solid Waste Subcommittee established the Beneficial Use Task Force (Task Force) to study how States are managing requests to use non-hazardous, industrial solid wastes rather than dispose of them in landfills. The Task Force’s primary goal is to collect and share information that will assist States and Territories in developing or improving programs and processes to handle these requests.
  • Associated General Contractors of America Environmental Services. AGC provides environmental information, networking opportunities and effective advocacy for construction professionals. AGC publishes on-point articles and fact sheets on key environmental actions, deadlines, requirements and initiatives that may impact the construction industry. AGC organizes an annual Contractors Environmental Conference and holds educational webinars on hot topics. In addition, AGC regularly disseminates environmental news via social media on Twitter (@AGCEnvironment). AGC sponsors and contributes to the Construction Industry Compliance Assistance Center, which is the association’s “go-to” resource on federal and state environmental requirements that affect construction activities. AGC advocates on behalf of its members in the regulatory and legislative arenas. AGC invites its members to join its Environmental Forum to stay informed, connect and take action on critical issues.
  • U.S. EPA Industrial Materials Recycling Program. EPA provides information on the environmentally protective recycling and beneficial use of industrial materials.
  • Northeast Waste Management Officials Beneficial Use Determination Database. A password-protected tool for state environmental regulators, this national database contains a compilation of approved state beneficial use determinations (BUDs).
  • Industrial Resources Council. The Industrial Resources Council’s website is an information portal to help project designers, engineers, landscapers and other professionals achieve sustainability goals. Information is provided for the following wastes types: coal combustion products, foundry sands and slags, iron and steel slag, C&D materials, scrape tires, and pulp and paper industry materials.
  • Construction Materials Recycling Association (CMRA). CMRA promotes the safe and economically feasible recycling of the more than 325 million tons of recoverable construction and demolition (C&D) materials that are generated in the United States annually. Use their locator tool to find a recycler in your state.

Last update: 9/15/2010

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