Minnesota

Overview of foundry sand reuse rules

In early 2004, MPCA staff completed amendments to Minnesota Rule, Chapter 7035 pertaining to the beneficial use of solid waste. The rule revisions establish a system that will assist persons generating wastes to identify beneficial uses for those wastes rather than sending them to a landfill. Seventeen Standing Beneficial Uses were identified in the rule. 

What reuse options are acceptable?

One reuse option is for foundry sand when used as a feed material for the manufacture of Portland cement. For uses not identified as Standing Uses, case-by case determinations can be made.

Types of prior approvals for foundry sand reuse projects (X indicates a need for prior approval, while other uses can be done with no approval):

  • X: Landfill daily cover - However not considered beneficial use (approval through landfill)
  • Landfill – other
  • X: Feedstock for Portland Cement manufacture
  • Aggregate for Portland cement concrete
  • Aggregate for Asphalt
  • Aggregate for CLSM/Flowable Fill
  • Aggregate for pre-cast concrete/bricks/blocks/etc.
  • Structural fills & building bases
  • Road bases
  • Highway embankments
  • Manufactured soils
  • Composts & mulches
  • Nursery soils
  • Other: (list)

What restrictions apply?

The conditions attached to any beneficial use determination may be modified if it is discovered that new conditions are necessary to protect human health and the environment.

A beneficial use determination may be revoked if the regulatory standards are not being met. In that case, the use of the solid waste can only continue if authorized by a permit and/or a variance

Do I need a permit?

If the proposal for the beneficial use is denied, the proposer must obtain a permit or variance before the solid waste can be managed in the manner proposed.  If a permit is required, the type of permit issued may be a state disposal system or a solid waste management facility permit depending on the type of environmental concerns that need to be addressed by the permit.

What steps do I need to take to reuse my foundry sand?

Review the list of standing beneficial. If the waste and use you are considering are listed, you may go forward without notifying the MPCA. If the waste and use are not listed as an SBUD, you will have to submit a proposal for a CSBUD or a DRP. When deciding between a CSBUD or a DRP, consider the goals of the project. If a project is being done to gain data or to test a new idea, it should be submitted as a DRP proposal. If a potential use is designed to be an ongoing activity, it should be proposed as a CSBUD. If MPCA staff feels that more information is needed to approve a BUD, they may recommend the design and completion of a DRP.

For uses of solid waste not identified as standing beneficial uses, the Minnesota Pollution Control Agency (MPCA) will make a case specific determination on whether the proposed management option for the specific solid waste is a beneficial use. This determination will be based on information submitted. To qualify as beneficial a use must meet the following criteria:

  • the solid waste must not be stored in anticipation of speculative future markets;
  • the solid waste must be adequately characterized in accordance with part 7035.2861;
  • the solid waste must be an effective substitute for an analogous material or a necessary ingredient in a new product;
  • the use of the solid waste does not adversely impact human health or the environment; and
  • the solid waste must not be used in quantities that exceed accepted engineering or commercial standards. (excess use of solid waste is not authorized by this part and is considered disposal) Unless otherwise specified, the PDF DocumentSolid Waste Case Specific Beneficial Use Determination Proposal Submission Form must be included with all proposals, and attached to the proposal as a cover sheet.

What testing do I need to perform?

The proposal must include a description of the routine sampling and analysis that will be conducted to ensure that the information submitted for review is representative and the solid waste has consistent characteristics.  The description must include the procedure and frequency of sampling and analysis, parameters to be analyzed, analysis methods, and laboratory reporting limits to be used;

Where can I get testing performed?

List test regional labs.

What reporting and recordkeeping requirements must I meet?

Proposers receiving case-specific beneficial use determinations must submit a report to the county in which the solid waste is generated annually by January 31.  The report must contain a description of the type and quantity of solid waste beneficially used during the time period from January 1 to December 31 of the previous year. The Minnesota Pollution Control Agency will provide a format for submitting this report.

What other requirements must I meet?

In Case Specific Beneficial Use Determinations, solid wastes that are beneficially used are no longer exempt from storage standards. The standards established for solid wastes stored before their beneficial use are contained in 7035.2855. The standards established allow flexibility in storage design. The goal of the design is to prevent contaminants from migrating into ground or surface waters and prevent nuisance conditions from occurring at the storage facility. PDF DocumentPreviously approved case specific beneficial use determinations

More information

Most Relevant Regulation/Policy: Beneficial use regulations pertaining to foundry sand: (general, not specific to foundry sand): http://www.revisor.leg.state.mn.us/bin/getpub.php?
pubtype=RULE_CHAP_SEC&year=current&section=7035.2860

State Hazardous Waste Regulations: Chapters 7001, 7045, 7046, 7150, and 7151

Regulation/Policy Website: http://www.pca.state.mn.us/waste/sw-utilization.html

Responsible Waste Division: Solid Waste

State Agency Point of Contact: Geoff Strack, 651-296-7716, geoffrey.strack@state.mn.us

Applicable Case Studies: None

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