New York
Overview of foundry sand reuse rules
In 6 NYCRR Part 360 Solid Waste Management Facilities, the term "beneficial use" refers to materials that "before being beneficially used (as determined by the department), were solid waste." Part 360 authorizes the New York Department of Environmental Conservation (DEC) to make beneficial use determinations (BUDs) of industrial solid waste. The regulation identifies 16 materials that are not considered solid waste when used in specified applications; spent foundry sand is not listed among those materials. The state may grant BUDs on a case-by-case basis, and has done so for foundry sand. A BUD is an exemption from regulation, not a permit, and is not subject to State Environmental Quality Review procedures, which include public notice and comment periods.
What reuse options are acceptable?
Part 360-1.15(b) (Solid Waste Cessation) identifies 16 materials that prior to the rule
were considered solid waste; foundry sand is not listed. Examples of materials that are pre-determined as non-waste qualifying for beneficial use include uncontaminated newspaper, tire chips, uncontaminated soil excavated as part of a construction project, and non-hazardous petroleum contaminated soil. DEC also grants BUDs on a case-by-case basis.
For each identified material, Section 360-1.15(b) specifies acceptable beneficial use(s). For example, tire chips are not considered waste when used as an aggregate for road base materials, and uncontaminated soil excavated as part of a construction project may be used as fill material in place of soil native to the site of disposition. Because foundry sand is not listed, DEC must grant project-specific BUDs for reuses involving foundry sand. The following are examples of applications where DEC has granted a BUD for foundry sand, designating foundry sand as a non-waste and appropriate for reuse:
- aggregate (i.e., asphalt, concrete, flowable fill, asphalt-hot-mix, black top);
- base (sub) and fill;
- cement (source of silica);
- landfill cover (daily); and
- landfill contour grading fill.
What restrictions apply?
None identified.
Do I need a permit?
None identified.
What steps do I need to take to reuse my foundry sand?
To obtain a beneficial use determination, an applicant must prove that the waste is not hazardous and that the reuse will not create a threat to or damage human health or the environment. Part 360 does not specify constituents of concern or threshold concentrations. It simply defines "solid waste" as all waste "other than low-level radioactive waste…and other than hazardous waste as defined in Part 371…." To define hazardous waste, New York uses the toxicity characteristic thresholds established by EPA in 40 CFR Part 261 and prescribes TCLP as the testing method. The toxicity characteristic (TC) threshold levels for metals, in mg/L, include:25
- Arsenic- 5.0
- Barium- 100.0
- Benzene- 0.50
- Cadmium- 1.0
- Lead- 5.0
- Mercury- 0.20
- Selenium- 1.0
- Silver- 5.0
What testing do I need to perform?
Part 360-1.15 (Beneficial Use) does not specify a testing methodology for confirming the composition of solid wastes. Section 360-1.3 (References) identifies EPA’s reference document, Test Methods for Evaluating Solid Waste Physical/Chemical Methods, SW-846).26 This document provides guidance on:
- conducting leachate testing, i.e., TCLP and SPLP; and
- developing sampling plans that ensure test samples are representative of the material.
Where can I get testing performed?
List regional labs.
What reporting and recordkeeping requirements must I meet?
None identified.
What other requirements must I meet?
Petitions for case-specific BUDs must include the following:
- A description of the waste and its proposed use. This includes a description of the waste’s chemical and physical characteristics under review; demonstration that there is a market for the proposed product (e.g., contract to purchase the proposed product or to have the solid waste used in the manner proposed); and a description of the proposed product (e.g., demonstration that the proposed product complies with industry standards and specifications).
- Demonstration that the management of the solid waste will not adversely affect human health and safety, the environment, and natural resources.
- A solid waste control plan, including: (1) procedures for periodic testing of the solid waste and proposed product to ensure the product’s composition has not changed significantly; (2) disposition of any solid waste that may result from the manufacture of the product into which the solid waste will be incorporated; (3) description of the type of storage (e.g., tank, pile) and the maximum anticipated inventory of the solid waste under review (not to exceed 90 days) before being used; and (4) procedures for run-on and runoff control of the storage areas for the solid waste.
- For material proposed for incorporation into a manufacturing process, the material must not require decontamination or special handling/processing before incorporation (i.e., to minimize loss of material or to provide adequate protection of public health and safety, the environment, and natural resources).
When granting a BUD, the DEC determines the precise point at which the material ceases to be solid waste. The petitioner may request that this change in classification occur elsewhere.
DEC may revoke any BUD if it finds that the basis for the determination was incorrect, that it is no longer valid, or that there has been a violation of the conditions attached to the determination.
More information
Most Relevant Regulation/Policy: 6 NYCRR Part 360 Solid Waste Management Facilities, Subpart 360- 1 General Provisions
State Hazardous Waste Regulations: 6 NYCRR Part 370-374, 376
Regulation/Policy Website: www.dec.state.ny.us/website/regs/360a.htm
State Agency Point of Contact: Jeff Schmitt Beneficial Use Section, Division of Solid and Hazardous Materials, 518-457-7337, jcschmit@gw.dec.state.ny.us
Applicable Case Studies: None |
