# ASTSWMO

2006 Beneficial Use Survey

Report

November 2007

Association of State and Territorial Solid Waste Ma nagement Officials

444 North Capitol Street, N.W., Suite 315

Washington, D.C.

# ASTSWMO 2006 Beneficial Use Survey Report November 2007



# ACKNOWLEDGEMENTS

The Task Force wishes to thank all those who helped complete this survey. Without

their cooperation, this report would not be possibl e. Even so, the Task Force takes full

responsibility for the information and conclusions presented in this report.

Information from this survey, and the one completed in April 2000, are helping the Task

Force better understand how individual States and T erritories approach decisionmaking about the beneficial use of solid wastes. T he Task Force and ASTSWMO will

continue to use this information in developing addi tional tools to assist States and

Territories.

Richard B. Tedder, Chair

ASTSWMO Beneficial Use Task Force

Please direct questions regarding this report to:

Kerry Callahan

ASTSWMO

444 North Capitol Street, N.W., Suite 315

Washington, D.C. 20001

Phone: 202/624-5828

Fax Number: 202/624-7875

E-Mail: kerryc@astswmo.org

# ASTSWMO 2006 Beneficial Use Survey Report November 2007



# TABLE OF CONTENTS

I. Introduction....................................

................................................... ... 1

II. Beneficial Use Survey Results

A. Status of Beneficial Use Programs and Processes

In Responding States and Territories...................................... 2

B. Administrative Aspects of Beneficial Use

Programs and Processes.................................. ............................ 4

C. Factors in Making Beneficial Use Determinations. ........................... 6

D. Compliance and Enforcement...................... .................................... 10

E. Comparison to the April 2000 Report..................... ........................ 12

III. Summary and Recommendations for Task Force Fol low-Up................ 13

TABLES

1. Responding States to 2006 and 1999 Surveys...... .................................. 17

2. Relevant State Web Sites........................

................................................. 20

APPENDICES

A. Questions and Answers Provided with the Survey.... ............................ A - 1

B. List of Wastes Evaluated for Beneficial Use

Requests.......................................... .................................... B - 1

Uses.............................................................................. B - 9

C. Compilation of Survey Results................... ............................................. C - 1

D. State Definitions and Supplemental Information

State Definitions of Beneficial Use......... ..................................... D - 1

Supplemental Information.................................................. D - 13

# ASTSWMO 2006 Beneficial Use Survey Report November 2007

1 

# I. INTRODUCTION

Many States and Territories continue to receive req uests to approve the beneficial use

of non-hazardous, industrial solid wastes (e.g., wo od ash, coal ash, and foundry sand)

in lieu of disposal. The Association of State and Territorial Solid Waste Management

Officials (ASTSWMO) believes the number of requests of this nature is continuing to

increase. Based on previous work, we also know tha t some States have formal

programs to handle such requests, other States have processes to handle limited

aspects of these requests, and other States current ly have no capability to respond.

ASTSWMO’s Solid Waste Subcommittee established the Beneficial Use Task Force

(Task Force) to study how States are managing reque sts 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 th at will assist States and Territories in

developing or improving programs and processes to h andle these requests.

The Task Force’s scope includes large-volume, non-h azardous solid wastes or byproducts from industrial, commercial, or manufactur ing operations that would normally

be disposed in landfills if not recycled or used in some fashion. Its scope does not

include materials from the mixed municipal waste st ream that are traditionally recycled,

such as aluminum, glass, plastic, metal and paper. A list of waste types considered by

the Task Force is included in Appendix B.

In late 1998 and early 1999, the Task Force prepare d a Beneficial Use Survey which

was mailed to all States and Territories on May 20, 1999. This first survey was

designed to gather information on beneficial use de cision-making by States and

Territories and on their current, approved uses of non-hazardous, industrial solid

wastes. It was completed and distributed in April 2000 and is also available on the

ASTSWMO web site, in the Publications area, under S olid Waste.

The Task Force has observed that interest in the be neficial use of non-hazardous waste

has grown since the first survey report was issued. In addition, the U.S. Environmental

Protection Agency’s Resource Conservation Challenge program is promoting ways to

beneficially use construction and demolition debris , coal ash and foundry sands. Given

this interest, and the amount of time that has pass ed since the original survey was

conducted, the Task Force prepared this second surv ey report to update the information

on how States and Territories are approaching decis ion-making regarding the use of

such waste streams. As in the first report, the se cond survey consisted of 23 questions,

many of which were further divided into sub-questio ns. However, some of the original

questions were changed, dropped or replaced with ne w ones that the Task Force

believes are more relevant today.

To assist people in completing this survey, the Tas k Force also used the list from the

first survey of frequently asked and expected quest ions, with corresponding answers,

about terms or concepts that may have been confusin g if not defined or explained (see

Appendix A). This list of questions and answers cl arifies the thinking of the Task Force

# ASTSWMO 2006 Beneficial Use Survey Report November 2007

2 

# when the survey questions were initially created an d may help others new to this

program area.

The purpose of this second report is to compile the information obtained from the recent

survey and make it available to all State and Terri torial Solid Waste Managers and other

interested parties. For ease of discussion, the re port presents results by general topics

and categories, rather than in the order in which q uestions were asked in the survey.

The Task Force hopes this information will be usefu l in developing or aiding the

implementation of beneficial use programs. The Tas k Force also will use this

information to develop a list of additional needs, a work plan to address these needs,

and educational materials for States and Territorie s.

At the time of this report, a total of 40 States, b ut no Territories, had completed the

survey. The responding States are shown in Table 1 . A few States have many years of

experience in this program area and have much to of fer other States. On the other

hand, States new to the program have also contribut ed some innovative program

enhancements. All programs continue to evolve and improve with experience. The

Task Force therefore cautions readers not to discou nt or directly assess the value or

utility of any given method or tool based solely on the statistical results of the survey.

That is, an excellent method or tool may only curre ntly be used by a limited number of

States, but that fact, in and of itself, should not necessarily deter another State from

considering that option.

Section II of this report discusses results of the survey (see Appendix C) by grouping

them into categories of questions. Section III pro vides a brief overall summary and the

Task Force’s recommendations for follow-up activiti es which are based on the survey

results and other feedback obtained through discuss ions with States.



# II. BENEFICIAL USE SURVEY RESULTS

A. Status of Beneficial Use Programs and Processes in Responding States

and Territories

A total of 34 of the 40 reporting States, or 85 per cent, indicated they had either formal or

informal decision-making processes or beneficial us e programs relating to use of solid

wastes. Two States, Nebraska and Utah, indicated t hat they did not have a formal or

informal process, but that staff in their programs have been involved with the topic for

several years. The responses of the 34 States are the basis for all statistical

comparisons in this report.

The fact that so many States have some form of prog ram or process, such as statutory

or regulatory provisions for beneficial use, indica tes requests for beneficial use of solid

wastes are becoming more common throughout the coun try. This does not mean,

however, there are always staff specifically dedica ted to this issue or that there is a

specific “beneficial use” listing in an agency or d epartment directory.

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# The length of time that the 34 States have had expe rience with these programs varies

considerably, from about three to more than 25 year s. At the time of the survey, four

States have had programs in existence for three yea rs or less and seven States have

had programs for more than three years but less tha n or equal to 10 years. Sixteen

States reported beneficial use programs in existenc e for greater than 10 years but less

than 20 years and four States reported programs in place for 20 or more years.

Not surprisingly, the underlying authority for thes e programs varies greatly between

States, although there has been a trend towards the States adopting regulations. Some

States have two or more of the mandates or provisio ns included in the survey (see

Question 1c in Appendix C). Of the 34 responding S tates with beneficial use programs,

16 indicated they had statutory authority for their programs, 27 had regulations for

beneficial use, and 15 used policy memoranda or gui dance documents in their

programs. Eight States also indicated that they us ed “agency discretion” in making

beneficial use determinations. Of the six respondi ng States without programs, three

indicated they had regulatory authority for a progr am, two had policy memoranda or

guidance documents for a program, and two had no pr ovisions.

Appendix D of this report includes a listing of the States which provided copies of their

definitions for beneficial use in response to this survey

. Twenty-two of the 34 States

with programs have a written definition of benefici al use or a similar term in statute,

regulation, or policy. Several of these States ind icated the definition appeared in a

combination of statutes, regulations and policies ( see Question 2 in Appendix C).

Eleven States have statutes containing a definition of beneficial use, 21 have their

definition in regulations, and five have policies o r guidelines that specifically define

beneficial use. Of the six States without programs only one (West Virginia) had a

written definition.

While definitions differ and in a few cases apply o nly to a limited number of waste types

(e.g., coal combustion products and waste tires), b eneficial use typically constitutes use

either in a manufacturing process to make a product or as a substitute for a raw material

or product provided such use of the solid waste doe s not adversely impact human

health or the environment. Other components that a re less prevalent in definitions but

are often used as evaluation review criteria are di scussed in Section II. C.

The evolution of an individual State’s beneficial u se program or process beyond its

environmental agency is typically a result of the S tate’s environmental agency structure

and the nature of its relationship with the agricul tural and industrial sectors located

within the State. Sixteen States reported that oth er agencies (predominantly health,

agriculture and transportation) can be involved in reviewing beneficial use approvals. In

addition, 10 States indicated that approvals can co me from different segments of its

environmental agency.

The survey asked for feedback on some of the most c ommon barriers to making

beneficial use determinations. Twenty States repor ted that the largest barrier was the

lack of sufficient information to use in evaluating the risk to human health and the

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# environment. Often a beneficial use request involv es diverting a waste from a relatively

secure disposal facility into a use or location whe re there may be the potential for a

release or exposure to one or more contaminants. G etting companies to provide good

information and validating this information is a hu ge drain on staff resources which is

the next highest barrier (reported by 15 States). The list of other significant barriers

includes public acceptance (reported by 12 States) and lack of awareness.

B. Administrative Aspects of Beneficial Use Program s and Processes

Several questions in the survey focused on the admi nistrative aspects of State

programs, such as number of requests, review time l imits, staff hours for review, fees,

and administrative tools. This sub-section summari zes the results from these

questions.

Number of Requests

Twenty-five of the responding States received up to 20 requests annually for beneficial

use determinations, with the majority of States rep orting less than 10 requests. Only

five of the States reported greater than 30 request s annually. States with existing

programs also were asked for information on the tot al number of requests that they had

received since the inception of their program. Res ponses ranged from two requests to

an estimated 1,000, and the State of New York repor ted 885 actual requests. A number

of States indicated that they issued “generic” exem ptions that more than one generator

may use. Wisconsin pointed out that under their se lf-implementing beneficial use

program only large projects (i.e., over 5,000 cubic yards) are required to notify the

State, so many projects go uncounted.

The survey asked States to first indicate if they h ad received a beneficial use request for

each of 31 different waste types, and then to indic ate if they had completed approvals

for these wastes. The waste types listed in the su rvey included such things as tires,

wood ash, cooking oil, foundry sands, and railroad ties. There was also room in the

survey to insert additional waste types. State res ponses to the survey added 36 more

waste types which are shown in Appendix B. Wastes added to the survey list by the

States included materials like fish waste, lime kil n dust, egg shells, and tobacco dust.

Review Time Limits

Fourteen of the States indicated that they have man datory time limits for responding to

a beneficial use request. These mandatory review t ime limits ranged from 18 days to

180 days. Two States have provisions for automatic approval if the time limit is

exceeded, while 11 other States indicated the reque sts were not automatically approved

if the time limit was exceeded. One State also ind icated that fees are refunded in cases

where the time limit is exceeded.

# ASTSWMO 2006 Beneficial Use Survey Report November 2007

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# Staff Hours for Review

Significant variation exists among States in the av erage number of staff hours

necessary to review beneficial use requests, for bo th routine and complex applications.

This is probably due in part to variation in State approval processes and in the nature of

waste streams prevalent in various regions. Estima tes ranged from a low of a quarter of

an hour for routine reviews to 2 calendar years for a complex, first-time review.

Fourteen of the reporting States estimated that rou tine reviews could be accomplished

in less than 10 hours.

Fees

The majority of State programs currently do not cha rge a fee to obtain authorization to

reuse a waste material. Only seven of the respondi ng States (21 percent) reported

having fees associated with their programs. Three of these States used a flat fee that

ranged from $50 to $2,000. The four other States u sed graduated fee systems that

were based on the volume of material proposed to be used or the complexity of the

projects. The fees in these cases ranged from $240 to $3,750 per request.

Administrative Tools

Several administrative tools are being used for app roval of beneficial use projects.

Many States grant approval in the form of permits ( 32 percent) or written authorizations

(71 percent). Several reporting States (38 percent ) have rules or statutes stipulating

that formal approval is unnecessary. Fifty-nine pe rcent of the States have developed

lists of materials that are pre-approved for benefi cial use.

When asked if a material used in compliance with th e State/Territorial regulations is

exempt from further solid waste regulations, 79 per cent of the respondents answered

affirmatively, provided the material is managed in compliance with the terms and

conditions of the approval. One State indicated th at if the material needed processing

prior to being used the processing may be regulated under the solid waste regulations.

Also, if the material is being applied to the land as a fertilizer or soil conditioner there

may be a requirement that the material be licensed under the State’s Department of

Agriculture.

The survey also asked if a material was used in com pliance with the State/Territorial

requirements did it cease to be a solid waste and, if so, at what specific point in the

process. This question deals with the difficult pr oblem of deciding when a waste is no

longer a waste and can be considered a “by-product, ” “co-product,” or just “product”.

Seventy-one percent of the responding States agreed that the material was no longer a

waste. As to when this occurred in the process, St ates indicated it could vary

depending on the waste stream and the proposed use. Some of the responses on this

issue by the States included statements like:

# ASTSWMO 2006 Beneficial Use Survey Report November 2007

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# ● when shipped to the user;

● when being used as an ingredient in an industrial process to make a

product; used as an effective substitute for a comm ercial chemical

product; or being returned to the process that gene rated it;

● when it is proven the material can be successfully used;

● when the beneficial use determination is issued; a nd

● when the material is actually used.

C. Factors in Making Beneficial Use Determinations

States use numerous factors to evaluate the nature of and make decisions on beneficial

use proposals. This sub-section summarizes the res ults of the survey questions that

address these factors.

Pass/Fail Criteria

The States and Territories were asked to identify t he criteria they used when

considering beneficial use requests and making thei r decisions. Proposals not

consistent with these criteria would be candidates for rejection. It was clear from the

results that all States place their mandate to prot ect human health and the environment

foremost in the beneficial use evaluation process. All 34 responding States required

that a proposed waste use not be expected to result in adverse impacts to human

health or the environment. Ninety-four percent of these States consider whether or not

the proposal constitutes a use rather than disposal . Eighty-eight percent of States

consider whether or not the waste material constitu tes an effective substitute for an

analogous raw material, and 65 percent of responden ts look for a demonstrated market

or need for the material in their evaluations.

Chemically binding waste in a material such as ceme nt, concrete, or asphalt is a

practice considered acceptable by 62 percent of the responding States. However, only

21 percent allow blending to meet target contaminan t levels. Thirty-two percent of the

responding States rule out requests for materials t hat require decontamination or

treatment.

Approximately 38 percent of the respondents conside r diversion from a disposal facility

to be an important factor and 32 percent consider a proposal’s consistency with an

integrated waste management policy. Twenty-four pe rcent of the States included a

consideration of the proposal’s ability to save res ources or energy. One State indicated

they would consider whether a fee was paid by the w aste generator to the waste user.

Finally, 26 percent of respondents indicated that t hey consider additional pass/fail

criteria (e.g., characteristics of the final produc t rather than the waste itself; whether or

not the waste was a putrescible waste; the material may be suitable as a non-fertilizer

soil amendment).

# ASTSWMO 2006 Beneficial Use Survey Report November 2007

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# Elements Used When Making Determinations

A subtly different group of elements are considered by States when evaluating the

waste materials proposed for beneficial use. State s were asked to identify if they used

any of 10 listed elements and to specify others the y considered important. The need for

having information on the chemical and physical cha racteristics of the wastes was

considered important by 88 percent of the respondin g States. Eighty-five percent of the

States conduct a benefit assessment, based on suita ble physical, chemical, or

agronomic properties, and may also impose special c onditions which limit a material’s

use.

Approximately 68 percent of the reporting States ma y use institutional controls as one

such special condition. Also, 68 percent of the St ates prefer to use specific numeric

thresholds, standards or guidelines for evaluating a potential use. Informal risk

evaluations are used by 59 percent of the States an d formal human health evaluations

are used by 38 percent. At this time only 32 perce nt of the States require an ecological

risk assessment.

A small number of States also consider if a proposa l will include provisions for financial

assurance or public notification. Finally, 21 perc ent of the States consider other factors

(e.g., compatibility with the State’s Solid Waste P lan; acceptability of proposal to other

State agencies; time limits to storage).

The States were also asked to rank the list of 10 f actors in the order of first, second and

third levels of importance. Summing these rankings together (i.e., adding the first,

second and third scores for each factor giving a to tal score for each factor) lead to the

following top five factors:

1 st 

# test data on the chemical and physical characteris tics of the wastes;

2 nd 

# benefit assessment based on suitable physical, che mical or agronomic

properties of the wastes;

3 rd 

# specific numeric thresholds, standard or guideline s used in the

evaluations;

4 th 

# special conditions that limit use; and

5 th 

# human health risk evaluations.

Site- and Use-Specific Restrictions

The survey asked States to indicate if they used an y of 12 different general restrictions

or conditions in their beneficial use decisions. T he results of the reporting States are

summarized below:

● site location (85 percent);

● set-back distance restrictions to water supplies, surface waters, or

wetlands (85 percent);

● restrictions based on depths to groundwater (74 pe rcent);

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# ● regular reporting of waste quantities used (71 per cent);

● periodic follow-up testing or monitoring of produc ts (59 percent);

● requiring the generator provide notice to users ab out how the material is to

be used (59 percent);

● volume restrictions (53 percent);

● property or deed restrictions (41 percent);

● regular monitoring reports (35 percent);

● post-use ground water sampling (18 percent)

● post-use soil sampling (15 percent); and

● fee restrictions (6 percent).

Testing Methods

The survey asked for information on testing methods used in making beneficial use

determinations with special emphasis on tests relat ed to chemical analyses and

leaching characteristics of the materials being eva luated. The survey did not ask for

information about tests that may be necessary to de termine, or document, physical

characteristics or engineering properties needed fo r some beneficial use approvals.

Test methods provided as examples in the survey wer e: 1) total metals and organics

analyses; 2) leaching procedures including EPA Meth ods 1311 (Toxicity Characteristic

Leaching Procedure or TCLP) and EPA Method 1312 (Sy nthetic Precipitation Leaching

Procedure or SPLP); and 3) neutral water leaching p rocedure (ASTM Method D3987-

06). The survey also asked if leaching tests were conducted on both metals and

organic compounds.

Twenty-six of the reporting States (76 percent) req uire total metals testing, and 17

States (50 percent) require total organics analyses . To evaluate leaching potential, 23

States require the TCLP test, 15 require the SPLP t est, and 6 require ASTM Method

3987-06. Eleven States indicated they require leac hing tests for metals and 8 States

require leaching tests for organic compounds.

More frequent use of the TCLP test is probably rela ted to mandatory hazardous waste

determinations. However, the SPLP test may be more appropriate for most beneficial

use determinations since it simulates leaching cond itions in an acid rain environment

while the TCLP test simulates acid leaching conditi ons in a municipal solid waste

landfill.

Many States also indicated that they could require additional analytical methods on a

site-specific basis which would be tailored to risk evaluation or other protocols in place

for waste characterization. For example, one State reported using a modified version of

the ASTM 3987 Method to evaluate coal combustion by -products.

Parameters Evaluated

The survey asked for information on the chemicals t hat were actually tested in making

beneficial use determinations. Groups of chemicals provided as examples in the survey

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# were: 1) primary drinking water parameters; 2) seco ndary drinking water parameters; 3)

volatile organic compounds; 4) semi-volatile organi c compounds; 5) specific metals; and

6) other parameters.

Nineteen of the reporting States (56 percent) requi re testing for the primary drinking

water parameters and 13 States (38 percent) require testing for secondary drinking

water parameters. Sixteen States (47 percent) spec ifically ask that volatile organic

compounds be evaluated and 15 (44 percent) require the evaluation of semi-volatile

organic compounds. Metals are required for analysi s by at least 18 States. These

metals usually include the 8 metals listed in the T CLP test. However the States also

listed many other metals that are often of concern such as: zinc, copper, thallium,

vanadium, aluminum, boron and cobalt.

Many States also indicated that they could require additional testing and analytical

methods on a site-specific basis that were tailored to risk evaluation or other protocols

in place for waste characterization. States typica lly test for constituents suspected of

being present in the material, including but not ne cessarily limited to: pathogens, dioxins

and furans, nitrates/nitrites, cyanides, sulfates, chlorides, total petroleum hydrocarbons,

total kjeldahl nitrogen, organic nitrogen, polychlo rinated biphenyls, and organochlorine

pesticides. Some States also use methods to charac terize application rates as outlined

by 40 Code of Federal Regulations Part 503.

Risk Assessment and Other Forms of Evaluation

Using risk assessments or an established risk level for human or ecological receptors

can be an important part of beneficial use determin ations. Based on the survey, 27 of

the reporting States (79 percent) use some level of risk assessment as part of their

approval process. Thirteen States indicated that r isk-based evaluations were used

consistently in beneficial use determinations, 13 a lso responded that such evaluations

were not used consistently, and seven responded tha t such evaluations were not used

at all. Rather, these seven States used more infor mal processes such as comparing

analytical results of the waste with drinking water standards, background soil

concentrations and Superfund cleanup objectives. T he risk evaluation process is just

one method available to consider whether a proposed use of waste is harmful to the

environment or threatens public health, safety or w elfare.

Based on the results, thirteen States indicated the y made risk determinations on a caseby-case basis. The most commonly-used risk level r eported by eight States was a

1x10 -6 

# excess cancer risk; however, the survey did not dis tinguish whether this risk level

was based on a single substance or on cumulative ef fects of all constituents. Two

States responded that they used a 1x10 -4 

# excess cancer risk level and one State

reported using a 1x10 -5 

# excess cancer risk level. Five States reported us ing other risk

levels (e.g., hazard index less than 1; 5x10 -6 

# excess cancer risk). Four States reported

using ecological health risks in their beneficial u se evaluations.

# ASTSWMO 2006 Beneficial Use Survey Report November 2007

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# Evaluating “Toxics Along For The Ride”

Some method of evaluating or quantifying the benefi t derived from a proposed use of

waste is generally made by a majority of States and is typically based on suitable

physical, chemical, or agronomic properties of the waste or by-product. States also use

a variety of mechanisms to assess “toxics along for the ride”, i.e., undesirable

constituents in materials that do not have a specif ic chemical or physical purpose in the

beneficial use being evaluated. Sixteen States loo k at “toxics along for the ride” on a

case-by-case basis. Sixteen of the States also rep orted having specific standards to

limit the concentrations of some constituents. Nin e States limit toxics in beneficial use

approvals based on other toxicity benchmarks and ni ne also use cleanup rules or a risk

evaluation process to look at undesirable constitue nts.

Sham Recycling

Reporting States also are concerned about “sham rec ycling”, i.e., whether the beneficial

use process could be misused by applicants to garne r approvals for activities that do

not legitimately constitute beneficial use. States use a variety of requirements to avoid

this problem, such as:

● limits on waste stockpile volumes or storage times (76 percent);

● documentation of end markets (65 percent);

● evaluation of the role or purpose of the material in the proposed

application (62 percent);

● comparison with use of an analogous raw material ( 53 percent);

● performance criteria or technical specifications ( 50 percent);

● provision by applicant of market information (38 p ercent); and

● mandatory turnover of a certain volume of BUD mate rial stockpiled into an

approved process (32 percent).

D. Compliance and Enforcement

Two questions in the survey focused on the complian ce and enforcement aspects of

beneficial use projects. These questions were expa nded from the first survey to obtain

more details on compliance and enforcement problems , if any, associated with

beneficial use approvals and to clarify the process es used by the States.

For the reporting States, 17 indicated they require the generator to prepare reports on

the wastes being used or evaluate if the wastes are being used in accordance with their

respective approvals. Fourteen of those States req uired the reports or evaluations be

submitted to the State. Sixteen of the States indi cated they do not require reporting in

their beneficial use approvals.

The survey also asked States if they “occasionally require” groundwater or other

environmental monitoring at their beneficial use si tes to ensure protection of human

health and the environment. Of the 34 responding S tates, 21 (62 percent) indicated

# ASTSWMO 2006 Beneficial Use Survey Report November 2007

11 

# they do not require any groundwater or environmenta l monitoring at locations where the

wastes are beneficially used. Thirteen States do r equire some form of monitoring.

In order to determine what kinds of follow-up, if a ny, are performed, the States were

asked if they had any inspection or enforcement pro cesses used to ensure compliance

with the requirements of their beneficial use appro vals. Twenty of the responding

States (59 percent) indicated they did have an esta blished process in place. Of those

20 States, it appears that approximately 12 of them conduct routine inspections of the

beneficial use projects. Of the 14 States that did not have an inspection or enforcement

process, 13 indicated they did respond to complaint s or when they were made aware of

any improper uses of the wastes. One State reporte d that it sometimes did inspection

and sometimes not depending on the circumstances. So in effect, 33 of the reporting

States have some form of inspection or enforcement method in place. Examples of the

types of compliance processes which were reported a re:

● routine inspections are conducted when the benefic ial use approvals are

associated with specific solid waste permits;

● routine inspections to evaluate approved beneficia l uses;

● inspections conducted for specific wastes such as coal ash;

● one inspection or more per year unless needed more frequently due to

complaints;

● periodic, unannounced inspections and record revie ws at waste

generation sites; and

● inspections prompted by complaints.

The survey also asked States to identify the types of compliance issues they have

experienced with their beneficial use approvals. T wenty-nine of the reporting States

indicated some form of compliance issues with at le ast one or more of their beneficial

use approvals. For the reporting States at sites h aving compliance problems, the

following types of issues were identified:

● the conditions or requirements of the approval wer e not being followed (63

percent);

● waste or product material is accumulated speculati vely (59 percent);

● use of wastes in non-approved applications (44 per cent);

● use of wastes resulted in adverse impacts to surfa ce or groundwater

quality (29 percent); and

● adverse impacts to air quality (24 percent).

In addition to these compliance problems, States id entified other special concerns. For

example, Massachusetts described a problem called “ product creep” which occurs

when the specifications of the product being used n o longer match the specifications of

the product identified in the beneficial use approv al. This change in the actual product

characteristics from what was originally approved i s a concern for future uses. Also,

New Hampshire stated they have decided to ban the u se of construction and demolition

debris fines for daily cover at their landfills. T hey believe the sulfur content of the

# ASTSWMO 2006 Beneficial Use Survey Report November 2007

12 

# gypsum wallboard in the fines is contributing to un acceptable hydrogen sulfide (H 2 

# S)

odor problems at their landfills.

The number of beneficial use approvals that have be en revoked in reporting States

during the life of their beneficial use programs ap pears to be from 30 to 38 approvals.

Thirteen States reported having no revocations. Th e maximum number was seven in

the State of New York. Other States reporting revo cations were Pennsylvania with six,

up to five in Maryland, North Carolina and Texas, t wo in Kansas, Missouri and

Wisconsin and one in Iowa, Rhode Island and Tenness ee. With the exception of New

York, those States with five or more revocations ha ve a formal inspection and

enforcement process in place. But New York does re quire generator reporting, reviews

reports and responds to complaints. Reasons for re vocations include:

● nuisance complaints;

● failure to follow terms of the beneficial use appr ovals;

● excessive application rates of the waste material;

● using the material in unapproved locations or appl ications;

● improper storage of the material or speculative ac cumulation; and

● falsifying records.

From the data submitted, it is clear that there is a potential for compliance issues with

beneficial use projects. Since beneficial use requ ests often involve diverting wastes

from a relatively secure disposal facility into loc ations where there may be the potential

for a release or exposure to one or more contaminan ts, tracking the compliance status

of these projects remains an important consideratio n.

E. Comparison to the April 2000 Report

While 19 States reported there had been no signific ant changes in their beneficial use

programs since the 2000 Report was prepared, 20 of the reporting States indicated

there had been major changes or new trends in their programs. Washington reported

they have revised their regulations to include a pr ocess for applicants to request being

exempt from permitting for some beneficial uses. M assachusetts indicated they

performed a complete redesign of their beneficial u se process. Both Minnesota and

Mississippi have adopted new regulations for benefi cial use programs. Other reported

changes included:

● revised screening levels/limits for certain chemic als;

● increased beneficial use of Resource Conservation Challenge related

materials such as coal combustion byproducts, found ry sand and

construction/demolition material as fill; and

● changes in beneficial use definitions to allow lan d use.

Since the 2000 Report, Michigan attempted rule chan ges that would have allowed for

self-implementing, beneficial use of some industria l byproducts and would have

changed the allowable risk level for beneficial use s from 1x10 -6 

# to 1x10 -5 

# . These rule

# ASTSWMO 2006 Beneficial Use Survey Report November 2007

13 

# changes did not occur, however, due to generator li ability issues and concerns over

relaxing the allowable risk level.

In 2000, 52 percent of the reporting States indicat ed that once a material was approved

for beneficial use it was exempt from further solid waste regulation. In 2006, that

percentage increased to 79 percent. While not eval uated in the 2000 Report, 71

percent of States reporting in 2006 indicated that materials cease to be considered

waste when used beneficially.

Some aspects of beneficial use programs have not ch anged significantly. Only one

more State reported having a formal or informal ben eficial use program. The number of

States charging a beneficial use application fee we re less than 15 percent in 2000 but

increased to 21 percent in 2006. Determining human or ecological risk and staff

resources continue to be the most significant barri ers to beneficial use.

Overall, the 2006 Report indicates that beneficial use is increasing primarily for coal

combustion byproducts, foundry sands and constructi on and demolition debris. While

State programs have improved, risk assessment conce rns and staff limitations continue

to be problematic.



# III. Summary and Recommendations for Task Force Fol low-Up

This second survey was designed to gather informati on about the status and nature of

State and Territorial programs for making determina tions about proposals for beneficial

use of non-hazardous, industrial solid wastes. It was intended to be an update of the

first survey report which was completed by the ASTS WMO Task Force in April 2000. A

total of 40 States, but no Territories, responded t o this second survey. Of these States,

34 have a formal or informal program or process for dealing with requests for beneficial

use. The responses of these 34 States are the basi s for all statistical comparisons in

this report.

The range of experience with beneficial use program s for these States ranged from

about three to more than 25 years, which is greater than the estimated experience level

from the first survey. The maximum reported time b y States to review complex requests

dropped from 1440 hours in the first survey to 800 hours. It appears States are gaining

more experience in dealing with beneficial use dete rminations.

States reported that they have considered beneficia l use requests for at least 67

different waste types, and beneficial use appears t o be increasing primarily for coal

combustion byproducts, foundry sands and constructi on and demolition debris. While

the underlying authority for evaluating these reque sts varies from State to State, there

seems to be a trend towards States adopting regulat ions. The greatest barrier to

issuing approvals for beneficial use of wastes cont inues to be the lack of sufficient

information to evaluate the risk to human health an d the environment. While the

amount of available information has increased, it a ppears that more work is still needed

# ASTSWMO 2006 Beneficial Use Survey Report November 2007

14 

# to collect, compile and publish data which will hel p regulators make decisions on

beneficial use requests. The second greatest barri er for States is the lack of staff

resources to review the beneficial use requests. S tates are continuing to experience

staffing and funding shortages. With the increased desire by generators to beneficially

use more wastes, these shortages experienced by Sta tes will continue to be a

significant difficulty.

More States are now listing materials that are exem pt from regulation and require no

formal approvals. An increased number of States ar e also indicating that when a

material is approved for beneficial use it is no lo nger regulated as a solid waste

provided it is used in accordance with the approval

.

When evaluating beneficial use proposals, States co ntinue to place protection of human

health and the environment as the most important co nsideration. However, only 38

percent of the responding States indicated that ris k-based evaluations were used

consistently in beneficial use determinations. The most commonly-used risk level

reported by the States was a 1x10 -6 

# excess cancer risk. It is clear that there contin ues to be difficulty for States to determine what are t he true expected excess risks

associated with proposed uses of some wastes.

Beneficial use proposals must also not simply be sh am recycling or a disguised form of

waste disposal. Proposing uses of wastes either as effective substitutes for similar raw

materials or by chemically binding them in material s like cement, concrete or asphalt

seem to be the preferred practices by responding St ates. Having sufficient information

on the chemical and physical characteristics of the wastes continue to be the most

important data component to beneficial use decision s. Chemical characterizations of

the wastes usually involve total analyses and leach ing analyses (using the TCLP or

SPLP test methods) for metals and organic compounds that are likely to be in the

wastes.

In spite of the staff shortages, some States are ma king efforts to conduct follow-up

inspections for beneficial use projects. Approxima tely 20 States indicated they have

some sort of inspection or enforcement process to e valuate these projects.

Unfortunately, 29 of the reporting States also indi cated they have experienced

compliance problems with one or more of the project s they approved for beneficial use.

The most common problems were that users were not c omplying with the terms of the

approvals or were accumulating the wastes "speculat ively." In some cases, uses of the

wastes have resulted in adverse impacts to groundwa ter, surface waters or air. As a

consequence, at least 30 beneficial use approvals h ave been revoked by reporting

States.

It is clear to the ASTSWMO Task Force that benefici al use proposals need to be closely

reviewed prior to granting approvals, and that a gr eater level of follow-up may be

necessary to ensure compliance with the conditions or the approvals. The Task Force

is also concerned that the occurrence of significan t non-compliance problems could

hinder approvals of future beneficial use projects. It is incumbent upon generators and

# ASTSWMO 2006 Beneficial Use Survey Report November 2007

15 

# users of wastes for beneficial use projects that th e materials are beneficially used in

accordance with the terms of their approvals.

Recommendations for Task Force Follow-Up

As was done for the April 2000 survey, this second survey included a question for

States that do not have an existing program to iden tify what would be their greatest

needs to help them establish one. For the five ite ms identified in the survey, their order

of importance for the reporting States was as follo ws:

1 st 

# access to lists of materials approved for benefic ial use by other States;

2 nd 

# the background information or criteria used to ma ke specific

determinations;

3 rd 

# models of existing programs;

4 th 

# lists of State program staff contacts; and

5 th 

# suggestions for overcoming barriers.

In addition to ranking these items, some States wit hout beneficial use programs

indicated it would be helpful to have case studies of approved beneficial use programs

and model rules or guidance for establishing progra ms.

One of ASTSWMO’s objectives is to facilitate the ex change of information among peers

in State and Territorial waste management programs. Based on the results of this

survey, a roundtable discussion on preliminary resu lts of this survey at the 2007

ASTSWMO State Solid Waste Managers Conference, and other feedback, the Task

Force makes the following recommendations:

1) Continue and Increase Data Collection

The Task Force recommends that ASTSWMO, States and Territories and waste

generators continue to collect data on waste charac terizations and environmental

impacts, if any, of wastes that are beneficially us ed. This information needs to include

an assessment of potential human health risks in th e proposed uses. Having this

information will help speed up the beneficial use d etermination process for regulators.

In some cases, waste specific and use specific rese arch may be needed.

2) Assist Other Organizations that Are Developing Guidance

The Task Force recommends that ASTSWMO continue to work with EPA and other

organizations to provide input to the development o f guidance documents for beneficial

use. The experiences provided by States and Territ ories can contribute to the

development of more workable final products.

# ASTSWMO 2006 Beneficial Use Survey Report November 2007

16 

# 3) Increase Communication Among States and Territo ries

The Task Force recommends that ASTSWMO and other ap propriate entities facilitate

communication and information exchange between Stat es and Territories regarding

beneficial use of non-hazardous, industrial solid w astes. Good communication between

States and Territories in a geographic area, especi ally those with common borders, is

very important to long-term, successful implementat ion of beneficial use programs. This

communication could take the form, for example, of scheduled regional conference calls

or meetings to exchange information and develop wor king relationships.

4) Make Existing Information More Readily Availabl e

The Task Force specifically recommends that existin g State Web sites, with links made

directly through the ASTSWMO Web page, be used to p ost existing information about

beneficial use programs and processes. This would be an important step towards

making information more readily available and shoul d result in saving time and

resources for program implementation. Working with organizations like the Northeast

Waste Management Officials’ Association (NEWMOA), w hich is developing a beneficial

use database for States, can also be very helpful i n sharing information.

# ASTSWMO 2006 Beneficial Use Survey Report November 2007

17 

# Table 1

List of Responding States in 2006 and 1999

STATE RESPONDED TO 2006

SURVEY RESPONDED TO 1999

SURVEY

Alabama (AL) X

Alaska (AK) X X

Arizona (AZ) X X

Arkansas (AR)

California (CA) X

Colorado (CO) X

Connecticut (CT X X

Delaware (DE) X

District of Columbia (DC)

Florida (FL) X X

Georgia (GA) X

Hawaii (HI) X X

Idaho (ID) X

Illinois (IL) X X

Indiana (IN) X

Iowa (IA) X X

Kansas (KS) X X

Kentucky (KY) X X

Louisiana (LA) X

Maine (ME) X X

Maryland (MD) X

Massachusetts (MA) X X

Michigan (MI) X X

# ASTSWMO 2006 Beneficial Use Survey Report November 2007

18 STATE RESPONDED TO 2006

SURVEY RESPONDED TO 1999

SURVEY

Minnesota (MN) X X

Mississippi (MS) X X

Missouri (MO) X X

Montana (MT) X

Nebraska (NE) X X

Nevada (NV) X

New Hampshire (NH) X X

New Jersey (NJ) X X

New Mexico (NM)

New York (NY) X X

North Carolina (NC) X X

North Dakota (ND) X

Ohio (OH) X X

Oklahoma (OK) X X

Oregon (OR)

Pennsylvania (PA) X X

Rhode Island (RI) X X

South Carolina (SC) X

South Dakota (SD) X X

Tennessee (TN) X X

Texas (TX) X X

Utah (UT) X X

Vermont (VT) X X

Virginia (VA) X X

Washington (WA) X X

# ASTSWMO 2006 Beneficial Use Survey Report November 2007

19 STATE RESPONDED TO 2006

SURVEY RESPONDED TO 1999

SURVEY

West Virginia (WV) X

Wisconsin (WI) X X

Wyoming (WY) X X

American Samoa (AS)

Guam (GU) X

Puerto Rico (PR)

Virgin Islands (VI)

N. Mariana Islands (MP) X

# ASTSWMO 2006 Beneficial Use Survey Report November 2007

20 

# Table 2

State Beneficial Use Web Sites

Does your State/Territory have information regardin g beneficial use available on the

Internet?

STATE BENEFICIAL USE INFORMATION ON STATE WEB SITE

YES NO WEB SITE ADDRESS

CT X www.dep.state.ct.us/wst/beneficialuse/beneficialuse index.htm

FL X www.dep.state.fl.us/waste/categories/solid_waste/de fault.htm

HI X

ID X

IL X

IN X

IA X

KS X

KY X Solid Waste Beneficial Reuse PBR Application Form:

http://www.waste.ky.gov/forms/Solid+Waste+Forms.htm

Special Waste Beneficial Reuse Registered PBR Appli cation Form:

http://www.waste.ky.gov/forms/Solid+Waste+Forms.htm

ME X http://www.maine.gov/dep/rwm/solidwaste/beneficialu se.htm

http://useit.umaine.edu/

MD X http://www.mde.state.md.us/Programs/LandPrograms/Re cycling/index.asp

MA X www.mass.gov/dep

MI X http://www.michigan.gov/deq/0,1607,7-135-3312_4123- --,00.html

MN X http://www.pca.state.mn.us/waste/sw-utilization.htm l

MS X www.deq.state.ms.us (at the opening web page, click on “solid waste” f rom the list of key

topics)

MO X

MT X

# ASTSWMO 2006 Beneficial Use Survey Report November 2007

21 STATE BENEFICIAL USE INFORMATION ON STATE WEB SITE

YES NO WEB SITE ADDRESS

NH X http://des.nh.gov/sw/waste_derived.htm

NJ X http://www.state.nj.us/dep/dshw/permitting.htm

NY X http://www.dec.ny.gov/chemical/8821.html

NC X Rules for beneficial use of coal combustion byprodu cts:

www.wastenotnc.org/swhome/17rul.htm

Although by statute Recovered Material does not usu ally require State approval, there is

information of the types of material recovered from the waste stream and markets for those

materials at www.p2pays.org

ND X www.ndhealth.gov/wm/

documents/Guideline11AshUtilizationForSoilStabiliza tionFillerMaterialsAndOtherEngineeringU 

# ses.pdf

OH http://www.epa.state.oh.us/dsiwm/

OK X

PA X http://www.depweb.state.pa.us/landrecwaste/cwp/view .asp?A=1239&Q=463067

http://www.depweb.state.pa.us/landrecwaste/cwp/view .asp?A=1239&Q=462836

RI X

SD X

TN X

TX X www.tceq.state.tx.us

VA X

WA X http://www.ecy.wa.gov/programs/swfa/bud/

WV X

WI X http://dnr.wi.gov/org/aw/wm/solid/beneficial/index. html

WY X

# Appendix A

Questions and Answers Provided with the Survey

# ASTSWMO 2006 Beneficial Use Survey Report November 2007

A - 1 

# Questions And Answers Provided With The Survey

The Questions and Answers document was included as an attachment to the 2006

Beneficial Use Survey. It was initially developed for the 1999 Beneficial Use Survey by

the ASTSWMO Beneficial Use Task Force to provide an swers to some typical questions

which the Task Force members believed might be aske d by individuals completing the

survey form. Definitions were developed by Task Fo rce members for purposes of this

survey.

Q1. What wastes are targeted by this survey?

A. This survey is intended to gather information o n the beneficial use of nonhazardous, industrial solid wastes and construction and demolition debris. These

waste types would normally be large-volume wastes o r by-products from

industrial, commercial or manufacturing operations which would normally be

disposed in landfills if not recycled or used in so me fashion. This survey does

not address waste materials which are typically rec ycled such as aluminum,

glass, plastic, metal and paper or mulch and compos t produced from vegetative

wastes. Examples of waste types intended to be add ressed by this survey are

listed in Survey Question #23.

Q2. What is the meaning of “Beneficial Use” (BU) of a waste?

A. Beneficial Use implies that there must be some benefit to diverting what was

previously considered waste from a landfill or othe r disposal facility for use in

another location or application. In general, for a waste to be used beneficially it

must have chemical or physical properties similar t o the raw material it is

replacing or, when incorporated into another produc t, its use must have some

enhancing qualities to the final product which woul d distinguish that use from

disposal. Also, beneficial use of a waste must not be expected to result in

adverse affects to human health or the environment. While there may be

considerable confusion over when use of a waste is truly beneficial, the beneficial

use of a waste would typically have one or more of the following characteristics:

(1) used in a manufacturing process to make a produ ct; (2) used as a substitute

for a raw material or with other materials in a con struction project; or (3) used as

a substitute for a commercial product.

Q3. What is the meaning of “Beneficial Use Determin ations” (BUDs)?

A. Beneficial Use Determinations refer to the decis ions made by the reviewing

agency to approve or deny beneficial uses proposed by an applicant. The BUD

will normally be based upon the information and dem onstrations provided by the

applicant as well as the policy criteria used by th e reviewing agency to evaluate

# ASTSWMO 2006 Beneficial Use Survey Report November 2007

A - 2 

# the proposed beneficial use. Some typical policy c riteria used by the reviewing

agency when making BUDs are shown in Survey Questio n #9.

Q4. What is the meaning of “toxics along for the ri de”?

A. Typically, a high percentage of the volume of w aste constituents will contribute to

or are a necessary part of the proposed beneficial use. The phrase “toxics along

for the ride” refers to contaminants in a waste, ot her than the main constituents,

which may be in sufficiently high concentrations to pose a potential threat to

human health or the environment if the waste is not properly managed.

Q5. What is the meaning of “sham recycling”?

A. American Heritage Dictionary says a sham is “so mething false or empty that is

purported to be genuine; a spurious imitation.” Th us, sham recycling is when

someone uses the concept of “recycling” as a decora tive cover to sell or

convince others that a waste material has a legitim ate application and true value

when in fact it does not. In these cases, the “rec ycled waste” has little or no

market or value and sometimes its use may result in adverse environmental

impacts.

Q6. What should I do if I do not know how to answe r a Survey Question?

A. The Task Force realizes there will be significa nt differences in interpretation and

program structures between different States and Ter ritories which may lead to

difficulties in completing the Survey. The Task Fo rce requests that you try not to

leave any questions blank. Rather, you are encoura ged to call or e-mail your

Regional Task Force member for clarification, or ma ke your best attempt to

guess or estimate an answer that would reflect the activities of your program.

Q7. What is the meaning of the word “request” when used in the survey such

as in Survey Question #23?

A. Beneficial use requests can be made formally, in writing, or informally, as a

verbal request. For the purposes of this survey, a beneficial use request can be

verbal or written if its result is to require the r eviewing agency to evaluate the

request and make a beneficial use determination. G eneral inquiries about

possible beneficial uses of waste materials would n ot normally be counted as

requests unless the reviewing agency was obligated to conduct further

evaluations of the proposed beneficial use.

# ASTSWMO 2006 Beneficial Use Survey Report November 2007

A - 3 

# Q8. How can you approve waste being diverted from a landfill and still protect

the environment?

A. In the past, the safest and easiest way to handl e a non-hazardous industrial

waste was assumed to be disposal of this material i n a secure landfill. Some

States also have approved the beneficial use of was te materials in a landfill as

alternate grading material, daily cover, leachate c ollection systems, etc.

Beneficial Use Determinations are often challenging because the use of a waste

may pose a greater risk to human health or the envi ronment than the risk that

would be expected from disposal. Good policy judgm ents and technical

evaluations are necessary to make these decisions. ASTSWMO wants to help

equip programs with the best available information. The two over-riding

principles for making these determinations are: (1) that beneficial use decisions

should always maintain what your State or Territory chooses as an acceptable

level of risk; and (2) that the approved waste uses are protective of human health

and the environment.

# Appendix B

List of Wastes Evaluated for Beneficial Use

Requests and Uses

# ASTSWMO 2006 Beneficial Use Survey Report November 2007

B - 1 WASTE TYPE HAVE YOU RECEIVED A BENEFICIAL USE REQUEST?

YES NO SPACE LEFT

BLANK

Auto Shredder Residue FL, KY, MD, MA, MI, MS*,

NH, NJ, NY, ND, OK, TN,

TX, VA, WI CT, HI, IL, IN, IA, KS,

ME, MN, PA, SD, WA,

WV, WY MT, NC, OH,

RI

Cement Kiln Dust FL, ID, IL, IN, KY, ME,

MD, MI, MS, NJ, NY, PA,

TN CT, IA, KS, MA, MN,

NH, ND, SD, TX, VA,

WA, WV, WI*, WY MT, NC, OH,

OK, RI

Chicken Litter FL, KS, MD, MI, MN, PA,

TX, WA CT, HI, IL, IN, IA, KY,

ME*, MA, MS*, NH,

NJ, NY, SD, VA, WV,

WI*, WY MT, NC*, ND,

OH, OK, RI,

TN

Construction and

Demolition Debris FL*, HI, IA, KY, ME, MD,

MA, MI, MN, NH*, NJ, NY,

ND, OK, PA, SD, TN*, TX,

VA, WI* CT, IN, KS, MS, WA,

WV, WY MT, NC, OH,

RI

Contaminated Soil CT, FL, HI, IL, IN, KS, KY,

ME, MD, MA, MI, MS, NH,

NJ, NY, NC, ND, OH, OK*,

PA, SD, TX, VA, WI*, WY IA, MN, WA, WV MT, RI, TN

Dredge Material CT, FL, HI, KY, ME, MD*,

MA, MI, NY, NC, OK, PA,

TX, WI* IL, IN, KS, MN, MS,

NH, NJ, ND, SD, VA,

WA, WV, WY IA, MT, OH,

RI, TN

Drinking Water

Treatment Sludge:*

- Aluminum FL, IN, KY, MD, MA, MI,

MS, NJ, NY, ND, OH*, PA,

RI, WI* HI, MN, NH, SD, TX,

VA, WA, WV, WY CT, IA, KS,

ME, MT, NC*,

OK, TN

- Ferric FL, KY, MD, MI, NJ, PA,

RI, WI* HI, IN, MA, MN, MS,

NH, NY, SD, TX, VA,

WA, WV, WY CT, IA, KS,

ME, MT, NC*,

ND, OH, OK,

TN

- Lime FL, KS, KY, MD, MI, MN,

MS, NY, ND, OH*, PA,

SD, VA, WI HI, IN, MA, NH, NJ,

TX, WA, WV, WY CT, IA, ME,

MT, NC*, OK,

RI, TN

Gypsum Wallboard FL, HI, IL, IN, KS, KY, MD,

MA, MI, NJ, NY, NC, ND,

OH*, OK, PA, TN*, VA, WI CT, MN, MS, NH, SD,

TX, WA, WV, WY IA, ME, MT,

RI

Phosphogypsum from

fertilizer manufacturing FL CT, HI, IL, IN, KS, KY,

MD, MA, MI, MN, MS*,

NH, NJ, NY, ND, PA,

SD, TX, VA, WA, WV,

WI, WY IA, ME, MT,

NC, OH, OK,

RI, TN

# ASTSWMO 2006 Beneficial Use Survey Report November 2007

B - 2 WASTE TYPE HAVE YOU RECEIVED A BENEFICIAL USE REQUEST?

YES NO SPACE LEFT

BLANK

Power Plants:

- Coal Fly Ash CT, FL, HI, IA, KS, KY*,

ME, MD, MA*, MI, MN,

MS, MT, NH, NJ, NY, NC,

ND, OH*, PA, SD, TN, TX,

VA, WV*, WI, WY IN*, WA OK, RI

- Coal Bottom Ash CT, FL, HI, KS, ME, MD,

MA*, MI, MN, NH, NJ, NY,

NC, ND, OH*, PA, SD, TN,

VA, WV*, WI, WY IN*, IA, KY, MS, TX,

WA MT, OK, RI

- Circulating fluidized bed ash FL, HI*, MI, MS, NY, ND,

OH, PA, VA CT, IN*, IA, KS, KY,

MA, MN, NH, NJ, SD,

TX, WA, WV, WI, WY ME, MD, MT,

NC, OK, RI,

TN

- Flue gas desulfurization

sludge FL, KS, KY, MD, MI, MN,

MS, NJ, NY, NC, ND, OH,

PA, VA, WI CT, HI, IN*, IA, MA,

NH, SD, TX, WA, WV,

WY ME, MT, OK,

RI, TN

Pulp and Paper Mill Wastes

(all by-products) FL, IA, KY, ME, MA, MI,

MS, MT, NJ, NY, NC*,

OH*, PA, TN, TX, VA,

WA*, WI CT, HI, IL, IN, KS, MN,

ND, SD, WV, WY MD, OK, RI

Railroad Ties FL, IL, IA, MD, MI, NJ, NY,

ND, OK, PA, SD, WY* CT, HI, IN, KS, KY,

MA, MN, MS, NH, VA,

WA, WV, WI ME, MT, NC,

OH, RI, TN,

TX

Roofing Shingles CT, FL, IL, IN, IA, KS, ME,

MD, MA, MI, MN, NH, NJ,

NY, OH, OK, PA, TX,

WA*, WI HI, KY, MS, ND, SD,

VA, WV, WY MT, NC, RI,

TN

Sands:

Foundry Sand:

- Green Sands FL, IA, KY, ME, MD, MA,

MI, MN, NY, NC, ND, OH*,

OK, PA, RI, TN, TX, VA,

WI CT, HI, IN*, KS, MS,

NH, NJ, SD, WA, WV,

WY MT

- Chemically-Bonded

Sands KS, MD, MA, MI, MN, NY,

OH*, P’A, VA, WI CT, FL, HI, IL, KY, MS,

NH, NJ, SD, TX, WA,

WV, WY IA, ME, MT,

NC, ND, OK,

RI, TN

Sand Blasting Media FL, HI, IL, IN*, KS, ME,

MA, NJ, NY, OK, WI CT, IA, KY, MD, MI,

MN, MS, NH, ND, PA,

SD, TX, VA, WA, WV,

WY MT, NC, OH,

RI, TN

# ASTSWMO 2006 Beneficial Use Survey Report November 2007

B - 3 WASTE TYPE HAVE YOU RECEIVED A BENEFICIAL USE REQUEST?

YES NO SPACE LEFT

BLANK

WWTP Filter Sand IL, KY, MA*, NJ, NY, OH CT, FL, HI, IN, IA, KS,

MD, MI, MN, MS, NH,

ND, PA, SD, TX, VA,

WA, WV, WI, WY ME, MT, NC*,

OK, RI, TN

Slag:

Foundry Slag IN, IA, MI, MS, NJ, NY,

OH*, PA, TN, VA, WI CT, FL, HI, KS, KY,

MD, MA, MN, ND, SD,

TX, WA, WV, WY ME, MT, NH,

NC, OK, RI

Lead Slag CT, FL, HI, IL, IN, KS,

KY, MD, MA, MI, MN,

MS, NH, NJ, NY, ND,

PA, SD, TX, VA, WA,

WV, WI, WY IA, ME, MT,

NC, OH, OK,

RI, TN

Steel Slag IA, KY, MD, MI, MS*, NJ,

NY, NC, OH*, PA, TN, VA,

WI CT, FL, HI, IN*, KS,

MA, MN, NH, ND, SD,

TX, WA, WV, WY ME, MT, OK,

RI

Street Sweepings CT, FL, IN, KS, ME, MA,

MT, NJ, NY, NC, ND HI, IL, IA, KY, MD*, MI,

MN, MS, NH, PA, SD,

TX, VA, WA, WV, WI,

WY OH, OK, RI,

TN

Stormwater Sediments CT, FL, ME*, MD, MA*,

NJ, NY, OK, TX HI, IL, IN, IA, KS, KY,

MI, MN, MS, NH, PA,

SD, VA, WA, WV, WI,

WY MT, NC, (ND

– N/A), OH,

RI, TN

Used Cooking Oil CT, HI, IN, MD, MA, MT,

NJ, NY, ND, PA, RI, SD,

TX FL, IL, IA, KS, KY, MN,

MS, NH, VA, WV, WI,

WY ME, NC, OH,

OK, TN, (WA:

N/A)

Waste-to-Energy (WTE) Ash CT, FL, HI, MD, MA, MI,

MS, NH*, NJ, NY, PA, TN IL, IN, IA, KS, KY, MN,

ND, SD, TX, VA, WA,

WV, WI, WY ME, MT, NC,

OH, OK, RI

Wood Ash CT, FL, KY, ME, MD, MA,

MI, MN, MS, NH, NY, NC,

ND, TN, TX, VA, WA*, WI HI, IL, IN, IA, KS, NJ,

PA, SD, WV, WY MT, OH, OK,

RI

Waste Tires CT*, FL, HI, ID, IN, IA, KS,

KY, ME, MD, MA, MI, MN,

MS, MT, NY, ND, OH, OK,

PA, SD, TN*, TX*, VA,

WA*, WI, WY NJ, WV NC, RI

Other:

Scrubber residue from brick

manufacturing CT

# ASTSWMO 2006 Beneficial Use Survey Report November 2007

B - 4 WASTE TYPE HAVE YOU RECEIVED A BENEFICIAL USE REQUEST?

YES NO SPACE LEFT

BLANK

Glass (Hg) CT

Industrial sludges and

filtercake CT

Vegetative Hurricane Debris FL

Unleaded Glass (IA) IA

Lime Kiln Dust (IA, OH) OH IA

Multi-Fuel Ash (ME) ME

Clean Wood Waste (ME) ME

Lime Mud (ME) ME

Blood/Fish Wastes (ME)

Fish and Shellfish Wastes

Poultry Ofal

Food Wastes ME

Mixed Glass Cullet (MA) MA

Fish Wastes (MI) MI

Manure, Paunch and Pen

Wastes (MI) MI

Industrial Sludges (MI) MI

Crushed Egg Shells from

processor (MS) MS*

Vegetative Debris Ash from

burning hurricane debris (MS) MS

Waxed Cardboard (NY) NY

Shell (NY) NY

Coal Tar (NY) NY

Wood Waste (NY, NC) NY, NC

Concrete, rock, bricks, gravel,

uncontaminated soil (NC) NC

Cement Siding (NC) NC

Porcelain (NC) NC

Tobacco Dust (NC) NC

Ag Processing Waste (NC) NC

# ASTSWMO 2006 Beneficial Use Survey Report November 2007

B - 5 WASTE TYPE HAVE YOU RECEIVED A BENEFICIAL USE REQUEST?

YES NO SPACE LEFT

BLANK

WWTP Sludge Ash (OH) OH

Manufactured Stone/Concrete

(OH) OH

Fines contaminated with TPH

from a waterway marine

terminal recycling operation

(VA) VA

Vegetative Waste (VA) VA

Silica-based byproduct from

bronze casting (VA) VA

Food Processing Wastes (WA) WA

Glass (WI) WI

Blast Furnace Slag (WI) WI

NOTES:

AK, AZ, CO, NE, UT, VT: Did not complete survey pa st Question 6 – the rest of the survey is N/A. MO

indicated they did not have the staff to complete t his portion of the survey.

CT: Waste Tires/Tire Chips

FL: For recovered screened material.

HI: Mixed with fly ash as conditioned ash.

ID: Idaho’s BUD involves either waste tires or alt ernative daily cover at MSWLFs.

IL: Construction and Demolition Debris: No approval needed. Authorized uses specified in Sec.

3.160 of Illinois Environmental Protection Act.

Drinking Water Treatment Sludge: Drinking Water Slu dge application authorized by Bureau of

Water Permit.

Power Plants: Uses authorized in Sec. 3.135 of Illi nois Environmental Protection Act.

Currently reviewing first request for use of fly/bo ttom ash as structural fill in a manner

that is not authorized in the statute.

Foundry Sand: Beneficial use of foundry sand is sub ject to 35 IAC 817. No formal process for

approval of beneficial use is in place.

Slag: Beneficial use of foundry slag is subject to 35 IAC 817. No formal process for approval of

beneficial use is in place.

# ASTSWMO 2006 Beneficial Use Survey Report November 2007

B - 6 IL (cont.):

Waste Tires: Tires are regulated under Title XIV of the Illinois Environmental Protection Act. No

formal BUD process is in place.

IN: Coal Fly Ash, Coal Bottom Ash, Circulating flui dized bed ash, and Flue gas desulfurization

sludge: No – covered under IN statute; IDEM cannot approve or deny.

Foundry Sand, Chemically-Bonded Sands: No - covered under statute; no IDEM approval

needed.

Steel Slag: No – covered under IN statute; IDEM can not approve.

Sand Blasting Media: One request – no follow-up on request for additional information.

IA: For complete Beneficial Use Project List, see I owa Administrative Code 567 Chapter 108.4,

others may include Solid Waste Composting Chapter 1 05, Tires Chapter 117.8, Landfarming

Petroleum Contaminated Soil Chapter 120, Land Appli cation of Waste Chapter 121.

KY: Coal Fly Ash: A structural fill where the owner or operator wanted written approval.

ME: Chicken Litter: An agriculture waste, therefore not regulated if not creating a problem.

Stormwater Sediments and Car Wash Grit.

MD: Dredge Material: Dredge spoils are not consider ed a waste, but contaminated dredge spoil is

regulated.

Street Sweepings: Due to litter content, it is con sidered solid waste.

MA: Coal Fly Ash, Coal Bottom Ash: Coal ash is stat utorily exempt if used in or as raw material for

concrete block manufacture, aggregate, fill, base f or road construction, or other commercial or

industrial purpose, or stored for such use.

WWTP Filter Sand: Yes, normally it is mixed with dr inking water treatment residuals.

Stormwater Sediments: Yes (called catch basin clean ings or CBC).

MS: Auto Shredder Residue: For landfill cover.

Chicken Litter: These are exempt from solid waste r egs in Mississippi already.

Phosphogypsum from fertilizer manufacturing: Restri cted by Federal NESHAPs.

Steel Slag: Under review to use as road aggregate.

Crushed Eggs Shells from Processor: Under review.

# ASTSWMO 2006 Beneficial Use Survey Report November 2007

B - 7 NH: C&D Fines

Pulp and Paper Mill Wastes: Not solid waste – by ru le.

Waste-to-Energy Ash: R&D only.

Waste Tires: By rule.

NC: Pulp and Paper Mill Wastes: “Lime Mud”

Chicken Litter: Division of Water Quality

OH: Aluminum: “Yes?”

OK: Contaminated Soils: Yes for Petroleum-contamina ted Soils.

Drinking Water Treatment Sludge: Yes, as alternativ e daily cover at landfills.

TN: C&D: screened residuals

Gypsum Wallboard: crushed

Waste Tires: processed into chips

TX: Waste Tires: chipped

WA: Pulp and Paper Mill Wastes: Application for us e of boiler ash returned due to lack of needed info

.

Roofing Shingles: Need for a BUD is currently unde r discussion.

Foundry Sand (general category): Not yet but expec t one to arrive soon. Proposing structural fill

value.

Wood Waste: See response to Pulp and Paper Mill Was tes.

Waste Tires: Application set aside because of conf licting regulatory interpretations and change in

business plans by applicant.

WV: Coal Fly Ash and Coal Bottom Ash: No responses filled in to the questions about uses.

WI: Cement Kiln Dust: Don’t have in Wisconsin.

Chicken Litter: Land applied under wastewater permi t.

C&D Debris: Approvals are issued under Recycling Gr oup for dry wall, wood, shingles, concrete.

# ASTSWMO 2006 Beneficial Use Survey Report November 2007

B - 8 WI (cont.):

Contaminated Soils: Approval issued under State st atutes case-by-case.

Dredge Material: Approval issued under State statu tes.

Drinking Water Treatment Sludge (general category): Approval issued under Land Application NR

18 Code

-- Aluminum: Under Recycling Group

-- Ferric: Approved under wastewater permit.

WY: Railroad Ties: But nothing formal.ASTSWMO 2006 Beneficial Use Survey Report November2007B - 9WASTE TYPELIST THE BENEFICIAL USES YOUHAVE APPROVEDLIST PRE-APPROVED BENEFICIAL USESLIST USES NOTAPPROVED OR NOLONGER APPROVABLEAuto ShredderResidueCover:(FL) Landfill initial cover(KY, MD, MA, MI, NH, NY, TN, VA, WI)Alternate Daily Landfill CoverLiquid Solidification:(MI) Liquid solidification in licensed landfill.(TX) Liquid waste solidificationOther:(MS, NJ) None(WA) Approved in a few cases as alternativedaily cover in facility permitting process(WI) Landfilling(KY, MS, NJ, NY, VA) None(MS, ND, OK) Landfillcover(ND) Landfill drainagematerial(VA) Do not approve useof Auto Shredder Fluff asADC – only AutoShredder Silt(KY) None(NJ) N/ACement Kiln DustLiming Material:(MD, MI, PA) Liming agent(NY) Ag liming agent(TN) Ag lime substituteStabilization:(ME, MI) Soil stabilization(IN) Soil stabilization in poor quality soilssubsequently used in structural fillapplications(PA) Sludge stabilization; Sub-gradestabilizerOther Soil Uses:(ME) Soil drying agent(MI) Soil solidificationOther:(KY) Road baseCement:(FL) Manufacture of cement(IA) Raw material in cementOther:(ID) MSWLF Alternative Daily Cover(IA) Raw Material in Absorbants; Sub-basefor road construction; Soil Amendment(KY) Any sound beneficial reuse is a solidwaste permit-by-rule. See 401 KAR 47:150,Section 1(8)(ME) Possibly as flowable fill(MD) Can be used without separate siteapproval if the material has been approved(KY, MS) None(NJ) N/AASTSWMO 2006 Beneficial Use Survey Report November2007B - 10WASTE TYPELIST THE BENEFICIAL USES YOUHAVE APPROVEDLIST PRE-APPROVED BENEFICIAL USESLIST USES NOTAPPROVED OR NOLONGER APPROVABLE(MI) Waste solidification, stack scrubbingagent(NJ) Mix with dredged material(NY) Asphalt filler(PA) Construction material(IL, MS) Noneas a soil amendment by MarylandDepartment of Agriculture.(MS) Contained Solidification within a linedlandfill for liquid wastes(IN, NJ) NoneChicken LitterCompost:(MI) Produce compost with scrap wood(TX) Compost ingredientFertilizer:(MD) Fertilizer(MN) Use incinerated turkey litter in theproduction of fertilizer.Fuel:(MD, PA) FuelLand Application:(KS) Land application(ND) Land application - fertilizerOther:(WA) Production of mushroom substrate(KY) Not applicableCompost:(IA) Compost amendment(TX) Compost ingredientFertilizer:(KY) Law allows use as fertilizer amendmentand it is not a solid waste(MD) Can be used as fertilizer. Werecommend use of a Nutrient ManagementPlan.(ND) FertilizerOther:(IA) Soil amendment(WA) Land application at agronomic rates(FL) Mixing with coal flyash and short paper fiberto make "artificial soil"(KY) Not Applicable, sincewe do not regulate it whenapplied to the land.ASTSWMO 2006 Beneficial Use Survey Report November2007B - 11WASTE TYPELIST THE BENEFICIAL USES YOUHAVE APPROVEDLIST PRE-APPROVED BENEFICIAL USESLIST USES NOTAPPROVED OR NOLONGER APPROVABLEConstruction andDemolition DebrisC&D Fines/Residuals:(MA) C&D Fines-Alternative Daily CoverMaterial & grading and shaping material;C&D residuals-grading and shaping(NH) Alternate Daily Cover with 50/50 mixof sand (this is re: C&D Fines)Cover:(MD) Shredded, as daily cover at MLFs(NY) Landfill daily cover(TN, VA) Alternate Daily CoverFill:(IA) Fill material(FL) Fill material pending analytical results(SD) Fill material (concrete and brick only)(HI) Clean, uncontaminated concrete w/norebar and cured asphalt may be crushedfor use as general fill (inert fill)(KY) Structural Fill for concrete, asphalt,etc.(ND) Structural fill(TX) Man-made inert as fillFuel:(ME) Fuel substitution(MI) Scrap wood as fuelOther:(MI) Drywall as soil additive or in compost(NJ) Landfill usesAggregate:(MN) Glass and porcelain fixtures asaggregate; Recycled concrete, asphalt, andbrick as aggregate(NY) Recognizable, uncontaminatedconcrete and concrete products, asphaltpavement, brick, glass, soil, and rock asconventional aggregate(ND) Ground concrete and asphalt asaggregateFill:(MA) Asphalt, brick &concrete (ABC) - canbe used on-site if it is non-coated or broughtto processing facility and used as fillmaterial.(OH) Clean hard fill as fill material(SD) Fill material (concrete and brick only)(TX) Man-made inert as fill (concrete,imbedded rebar, aged asphalt)Other:(FL) Initial cover at landfills and C&Ddisposal facilities(KY) Any sound beneficial reuse is a solidwaste permit-by-rule. See 401 KAR 47:150,Section 1(8)(MN) Unadulterated wood as animalbedding; Uncontaminated glass assandblast agent; Latex paint in theproduction of ASTM specialty cementFill:(FL) Fill in water bodies orwetlands(KY) Wood or paper is notapprovable as structuralfill. No hazardousmaterials.(SD) Fill material otherthan concrete and brickOther:(VA) Limits on wood andsulphate (wallboard)content(NJ) N/AASTSWMO 2006 Beneficial Use Survey Report November2007B - 12WASTE TYPELIST THE BENEFICIAL USES YOUHAVE APPROVEDLIST PRE-APPROVED BENEFICIAL USESLIST USES NOTAPPROVED OR NOLONGER APPROVABLE(SD) Erosion control(ND) Ground concrete and asphalt asaggregate(OK) Grinding sheetrock and unusedlumber to spread on site at homeconstruction sites and use of brick,shingles and mortar to be used underdriveways at home construction sites—approval given to the grinding contractorsto enter into contracts with home builders.(VA) Recognizable, uncontaminatedconcrete and concrete products, asphaltpavement, brick, glass, soil, and rock usedas a substitute for aggregate;Unadulterated wood(PA) Construction material; Constructionwood as mulch; Concrete/asphaltproduction(TX) Chipping, mulching, compost(SD) Erosion control(WA) Ground clean wood waste and “woodderived fuel” as hogged fuel, mulch(NJ, VA) NoneContaminated SoilAsphalt:(ME) Asphalt aggregate(IN) Addition to asphalt mixCover:(FL) Landfill initial coverBackfill:(NY) Backfill on same site(VA) §9 VAC 20-80-150.E.2.(4) -Nonhazardous, contaminated soil which hasbeen excavated as part of a constructionproject and which is used as backfill for thesame excavation or excavations containingFill:(KY) Structural Fill; ADCMwhen benzene is above 1ppm.(MD) Excessiveconcentrations cannotbe used as fill.ASTSWMO 2006 Beneficial Use Survey Report November2007B - 13WASTE TYPELIST THE BENEFICIAL USES YOUHAVE APPROVEDLIST PRE-APPROVED BENEFICIAL USESLIST USES NOTAPPROVED OR NOLONGER APPROVABLE(MA, MI, TX, VA) Alternative Daily CoverMaterial(KY) Alternate Daily Landfill Cover below 1ppm benzene.(MD): Daily, intermediate, and final coverat MLFs(SD) Daily cover at MSWLFs dependentupon the contaminant(HI) Daily cover (landfills), depending onconcentration of contaminants(ND, WY) Landfill cover(NC) Petroleum-contaminated soil aslandfill coverFill:(MD, NJ, NY, ND) Fill(HI) General fill, waste filling, dependingon concentration of contaminants(IN) Structural fill under asphalt pavedsurface for petroleum contaminated soil(OH) Engineered fill material?Roads:(MT) Subgrade for roads or parking lots(NY) Road sub-base(OK) Underlay for roads to be paved withconcrete or asphalt(WY) Roads and road baseOther:(ME) Cement production(KS) Landfarm then usesimilar contaminants at the same site, atconcentrations at the same level or higher.Excess materials from these projects aresubject to the requirements of this chapter.Fill:(IA) Remediated Petroleum ContaminatedSoil – Fill MaterialCover:(IA, KY) Alternate Daily Landfill Cover (forKY, see 401 KAR 48:090, Section 3(1)(a)).(MA) Use at cover at landfills if it meets preset standards.(MS) Landfill cover in MSW landfillOther:(NY) Conventional aggregate; incorporatedinto asphalt pavement product(HI, IN, NJ, WY) None(SD) Fill materialOther:(VA) Not approved forexterior slopes orintermediate cover(WY) Any that requireinstitutional or otherrestrictions to preventimpacts to HH&E(MS) None(NJ) N/AASTSWMO 2006 Beneficial Use Survey Report November2007B - 14WASTE TYPELIST THE BENEFICIAL USES YOUHAVE APPROVEDLIST PRE-APPROVED BENEFICIAL USESLIST USES NOTAPPROVED OR NOLONGER APPROVABLE(NY) Landfill; shaping material(NH) By-rule with quality and siterestrictions(PA) Use as soil after processing(WY) Tank farm berms(IL, MS) NoneDredge MaterialCover:(FL) Landfill initial cover(MD) Daily cover at MLFs. No others yetbut are considering diverse requests.(MA, MI, TX) Alternate Daily Cover(NY) Landfill cover/closure materialFill:(KY, ME, NY, TX) Fill material(HI) General fill, depending onconcentration of contaminants(NC) Mixed with coal ash as fill(OK) Fill in low lying areas and erodedareasOther:(ME) Landfill contour(NY) Aggregate; Topsoil; Road sub-base(PA) Construction material; minereclamation(KY) Any sound beneficial reuse is a solidwaste permit-by-rule. See 401 KAR 47:150,Section 1(8)(ME) As FillFill:(FL) Residential fill(KY) Fill, if contaminantconcentration is abovebackground.ASTSWMO 2006 Beneficial Use Survey Report November2007B - 15WASTE TYPELIST THE BENEFICIAL USES YOUHAVE APPROVEDLIST PRE-APPROVED BENEFICIAL USESLIST USES NOTAPPROVED OR NOLONGER APPROVABLE(MA) Land applicationDrinking WaterTreatment Sludge- AluminumCover:(MI) Alternate Daily Cover(NY) Landfill daily cover(ND) Landfill coverFill:(NJ, NY) Fill(IN) Use as structural fill in landdevelopment(KY) Structural fillSoil amendment:(FL) Soil amendment pending analyticalresults(NY, PA) Soil amendmentOther Soil Uses:(NY) Soil blending material(PA) Soil additive(RI) Manufactured soil productOther:(MS) Only limited site spreading(MD) Can be used without separate siteapproval if the material has been approvedas a soil amendment by MarylandDepartment of Agriculture.(ND) Landfill cover(KY, MS, NJ) None(MI) Not approved for landapplication due toelevated aluminum(KY, MS) None(NJ) N/AASTSWMO 2006 Beneficial Use Survey Report November2007B - 16WASTE TYPELIST THE BENEFICIAL USES YOUHAVE APPROVEDLIST PRE-APPROVED BENEFICIAL USESLIST USES NOTAPPROVED OR NOLONGER APPROVABLE- FerricCover:(MA, MI) Alternative Daily Cover MaterialFill:(NJ) Fill(KY) Structural fill(MA) Fill material (site specific)Soil Amendment:(FL) Soil amendment pending analyticalresults(PA) Soil amendmentOther Soil Uses:(PA) Soil additive(RI) Manufactured soil product(MD) Can be used without separate siteapproval if the material has been approvedas a soil amendment by MarylandDepartment of Agriculture.(KY, NJ) None(MI) Not approved for landapplication due toelevated iron(KY) None(NJ) N/A- LimeCover:(ND) Landfill cover(VA) Alternate Daily CoverLand Application:(KS) Land application(MI) Land application as liming material(OH) Land application for agronomicbenefit?Soil Amendment:(MS) Liming agent/soil amendment(NY, PA) Soil amendment(SD) Soil amendment for pH adjustmentSoil Amendment:(FL, IA) Soil amendment(MD) Can be used without separate siteapproval if the material has been approvedas a soil amendment by MarylandDepartment of Agriculture.(SD) Soil amendment for pH adjustmentOther:(IA) Raw material for Calcium Carbonate orsimilar substance(MN) Liming agent(ND) Landfill cover; some land application(SD) Fill material(KY) None(MS) N/AASTSWMO 2006 Beneficial Use Survey Report November2007B - 17WASTE TYPELIST THE BENEFICIAL USES YOUHAVE APPROVEDLIST PRE-APPROVED BENEFICIAL USESLIST USES NOTAPPROVED OR NOLONGER APPROVABLEOther:(KY) Ag uses(PA) Soil additive(SD) Feedlot use for soil stabilization(WI) pH adjustment(SD) Feedlot use for soil stabilization(WI) Landfilled(KY, VA) NoneASTSWMO 2006 Beneficial Use Survey Report November2007B - 18WASTE TYPELIST THE BENEFICIAL USES YOUHAVE APPROVEDLIST PRE-APPROVED BENEFICIAL USESLIST USES NOTAPPROVED OR NOLONGER APPROVABLEGypsum WallboardAg Applications:(KY) Ag use(TN) Lime substitute in Ag operationsCompost:(MD, MI) Additive to compostSoil Amendment:(FL, HI, MD, PA) Soil amendmentOther Soil Uses:(NY) Soil supplement(PA) Soil additive(WI) Soil conditioningLand Application:(KS) Land application(MI) Land application as gypsum(NC) Calcium and sulfur land application(NY) Landfill applicationWallboard:(NY) Wallboard manufacture(MA) No BUD issued. It can be recycled,if clean, into new wallboard under differentregs.Other:(NY) Spill absorbent(OK) Grinding sheetrock and unusedlumber to spread on site at homeconstruction sites and use of brick,shingles and mortar to be used underSoil Amendment:(IA) Soil amendment if not treated to bewater resistant or flame retardant(MD) Can be used without separate siteapproval if the material has been approvedas a soil amendment by MarylandDepartment of Agriculture.Other:(FL) Manufacture of gypsum wallboard(IA) Raw material for absorbents; LandfillAlternative Daily Cover(WA) Use on land regulated under Statefertilizer program when liming value claimedand limited to non-demolition sources.(WI) Landfilled(KY, NJ, VA) None(HI) Soil amendment/landapplication(KY) Wallboard that is notground up into smallpieces.(ND) Fill material(VA) No longer approveddue to hydrogen sulfideproblems(NJ) N/AASTSWMO 2006 Beneficial Use Survey Report November2007B - 19WASTE TYPELIST THE BENEFICIAL USES YOUHAVE APPROVEDLIST PRE-APPROVED BENEFICIAL USESLIST USES NOTAPPROVED OR NOLONGER APPROVABLEdriveways at home construction sites—approval given to the grinding contractorsto enter into contracts with home builders.(VA) Alternate Daily Cover(IN) Current request – no determinationmade yet(IL, NJ) NonePhosphogypsum fromfertilizermanufacturing(FL) Under research for addition to landfillsto enhance decomposition(KY) None(KY) Any sound beneficial reuse is a solidwaste permit-by-rule. See 401 KAR 47:150,Section 1(8)(FL) Use in roadconstruction(KY) NonePower Plants:- Coal Fly AshCement:(ME) Cement kiln(MD) Cement additive(MA) Cement manufacturingConcrete:(WI, WY) Concrete(HI) If meets certain criteria, may be usedas an ingredient in concrete products.(MT, PA) Concrete production(NH) Low strength concrete(SD) Concrete additiveAsphalt:(IA) Asphalt use(ME) In some asphalt and concrete batching.Cement:(FL) Additive for Portland cementmanufacturing(IA, KY, NJ) Cement (for KY, see 401 KAR45:060, Sec. 1(7))(NY) Raw feed in cement manufacture(TN) Cement productionFill:(FL) General fill, fill inwater bodies.(HI) If does not meetcriteria, no longer usableas:-Ingredient in flowable fill-Ingredients in slurry mixfor use as general fill(SD) Fill materialOther:(FL) Soil amendmentASTSWMO 2006 Beneficial Use Survey Report November2007B - 20WASTE TYPELIST THE BENEFICIAL USES YOUHAVE APPROVEDLIST PRE-APPROVED BENEFICIAL USESLIST USES NOTAPPROVED OR NOLONGER APPROVABLEConstruction:(PA) Construction material(IA) Construction berm additive(MI) To construct coal pile storage(SD) Soil stabilization for constructionpurposesCover:(MA, MI, VA) Alternative Daily CoverMaterialFill:(MD, NC) Fill(VA) General fill(MA, MN, NH) Flowable fill(FL) Flowable fill pending analytical results(HI) If meets certain criteria, may be usedas flowable fill, slurry mix as general fill(TN, VA) Structural fill(KY) Structural fill, when mixed withbottom ash.(MT) Open cut fill(OH) Fill material?Reclamation:(IA) Rock quarry reclamation(PA) Mine reclamationRoads:(KS) Road construction(MS) Highway road baseStabilization:(MN, MT, NY, ND, WI) Soil StabilizationConcrete:(KY) Concrete (see 401 KAR 45:060, Sec.1(7))(ME) In some asphalt and concrete batching.(MN) Production of aggregate to be used inconcrete or concrete products(MS) Component in concrete blocks(NY) Cement substitute in concrete;Aggregate substitute in concrete products(ND) Admixture for concrete(PA) Concrete productionFill:(IA) General fill material(KY) Structural fill (see 401 KAR 45:060,Sec. 1(7)(MI) As construction fill under imperviouspavement, bonded by lime, cement orasphalt(NY) Structured fill within buildingfoundations(VA) Structural fillPlastics:(IA) Raw material in plastic(KY) Plastics (see 401 KAR 45:060, Sec.1(7))Reclamation(KY, PA) Mine reclamation material (for KY,see 401 KAR 45:060, Sec. 1(7))Roads:(IA) Sub-base for road construction(KY) Fly ash used by itselfas fill without soil cover(too dusty).(ND) Landfill liners(WY) Any that requireinstitutional or otherrestrictions to preventimpacts to HH&E(MS) N/AASTSWMO 2006 Beneficial Use Survey Report November2007B - 21WASTE TYPELIST THE BENEFICIAL USES YOUHAVE APPROVEDLIST PRE-APPROVED BENEFICIAL USESLIST USES NOTAPPROVED OR NOLONGER APPROVABLE(ND) Waste stabilization(NJ) Dredge material stabilization(TX) Metals stabilization in contaminatedsoilOther:(IA) Grain storage pad(ME) ash/CRETE(MT) Surface material(NY) Liming agent; Posishell ingredient;Absorbent(KY) Anti-skid material; Highway base course(see 401 KAR 45:060, Sec. 1(7))Other:(IA) Mineral Recovery; Landfill AlternativeDaily Cover; Raw Material in absorbants;Raw Material for Calcium chloride; RawMaterial for gypsum, wallboard, plaster, orsimilar product(KY) See 401 KAR 45:060, Sec. 1(7):Paint; Anti-skid material; Blasting grit; Roofinggranules; and Mine stabilization material(MN) Class C as pozzolan replacement(NJ) Structural products(NY) Light weight block manufacture; Lightweight aggregate; Low strength backfillmaterial; Manufactured gypsum/calciumchloride(ND) Reagent for power plant scrubbers(PA) Construction material(WI) Landfilled(MT) N/A(WY) NoneASTSWMO 2006 Beneficial Use Survey Report November2007B - 22WASTE TYPELIST THE BENEFICIAL USES YOUHAVE APPROVEDLIST PRE-APPROVED BENEFICIAL USESLIST USES NOTAPPROVED OR NOLONGER APPROVABLE- Coal Bottom AshCement:(MD) Cement additive(MA) Cement manufacturingCover:(HI) If meets certain criteria, may be usedas landfill daily cover(MA, MI, VA) Alternative Daily CoverMaterialFill:(MD, NJ) Fill(TN, VA) Structural fill(VA) General fill(MA) Flowable fill(FL) Flowable fill pending analytical results(HI) If meets certain criteria, may be usedas general fill(OH) Fill material?Roads:(NY) Road sub-base(NJ, PA) Road anti-skid(SD) Road sanding additive(ND, WY) Road traction(WY) Road baseSand Blast:(ND) Sand blast(NH) “Black Beauty” sand blast gritOther:(HI) If meets certain criteria, may be usedsoil amendment, ingredient in concreteAsphalt:(IA) Asphalt use(ME) In some asphalt and concrete batching(NY) Component in asphalt productCement:(IA) Cement use(NY) Raw feed in cement manufactureConcrete:(ME) In some asphalt and concrete batching(NJ) Concrete manufacture(NY) Cement substitute in concrete;Aggregate substitute in concrete productsFill:(IA) General fill material(ME) Flowable fill(MI) As construction fill under imperviouspavement, bonded by lime, cement orasphalt(NY) Structured fill within buildingfoundations(VA) Structural fillRoads:(IA) Sub-base for road construction(IA, NY, ND) Road traction material(KY, PA) Anti-skid(for KY, see 401 KAR 45:060, Sec. 1(7))Roofing Material:(KY) Roofing granules (see 401 KAR45:060, Sec. 1(7))(HI) No longer usable astrack/road cover(MN) Ice traction agent;Aggregate Replacement(SD) Fill material(WY) Any that requireinstitutional or otherrestrictions to preventimpacts to HH&E(KY) NoneASTSWMO 2006 Beneficial Use Survey Report November2007B - 23WASTE TYPELIST THE BENEFICIAL USES YOUHAVE APPROVEDLIST PRE-APPROVED BENEFICIAL USESLIST USES NOTAPPROVED OR NOLONGER APPROVABLE(ME) Construction pad; paving substrate(MI) Berm construction(NC) Drainage layer(ND) Landfill uses (drain and cover)(WI) Structural sub-base and base(KS) Mine stabilization(PA) Mine reclamation(MI) Berm construction(NH) Shingles(NY) Blasting media(KY) Not applicable(NY) Component in roof shingle manufacture(SD) Asphalt shingle additiveOther:(IA) Mineral Recovery; Raw Material inPlastic; Landfill Alternative Daily Cover;Sandblasting abrasive(KY) Paint, Base course, Blast grit(WI) Landfilled(WY) None- Circulating fluidizedbed ashConstruction:(FL) Construction of laydown yards,temporary roads, and subgrade materialunder permanent pavements(HI) If meets certain criteria, may be usedin the construction of a fire barrier in apermitted landfill(MS) Construction uses in mine haulroads, ramps, etc.Fill:(VA) General fill; Structural fillFill:(MI) As construction fill under imperviouspavement, bonded by lime, cement orasphalt(VA) Structural fillOther:(FL) Manufacture of cement(KY) Paint, Anti-skid, Base course, Blast grit,Roofing granules.(IA) NoneFill:(FL) Fill in water bodies orwetlands(HI) Because it did notmeet criteria, no longerusable as general fillOther:(KY) None(MS) N/AASTSWMO 2006 Beneficial Use Survey Report November2007B - 24WASTE TYPELIST THE BENEFICIAL USES YOUHAVE APPROVEDLIST PRE-APPROVED BENEFICIAL USESLIST USES NOTAPPROVED OR NOLONGER APPROVABLE(HI) If meets certain criteria, may be usedin general fill(ND) Flowable fill(OH) Fill materialRoads:(NY) Road base(OH) Roadbed materialOther:(NY) Asphalt storage pad(PA) Mine reclamation; Soil additive(VA) Alternate Daily Cover(KY) None(MS) N/A- Flue gasdesulfurization sludgeCover:(KS) Utility landfill alternate cover(NJ) Landfill cover(VA) Alternate Daily CoverFill:(MD) Fill(OH) Fill material(VA) General fill; Structural fillLand Application:(MI) Land application in place of gypsum(NC) Land applied for sulfur and calciumCalcium chloride:(IA) Raw material for calcium chloride(NY) Manufactured calcium chlorideConcrete:(MN) Production of aggregate to be used inconcrete or concrete products(NY) Cement substitute in concrete;Aggregate substitute in concrete productsFill:(MI) As construction fill under imperviouspavement, bonded by lime, cement orasphalt(KY) Did not work ashighway concreteamendment due toswelling(MS) NoneASTSWMO 2006 Beneficial Use Survey Report November2007B - 25WASTE TYPELIST THE BENEFICIAL USES YOUHAVE APPROVEDLIST PRE-APPROVED BENEFICIAL USESLIST USES NOTAPPROVED OR NOLONGER APPROVABLESoil Amendment:(FL) Soil amendment pending analyticalresults(MS) Currently approved fordemonstration only as a soil amendmenton peanut, cotton and some vegetablesWallboard/Drywall:(KY, NJ) Wallboard(NC, WI) Dry wallOther:(MD) Cement additive(ND) Soil stabilization (when included withfly ash)(PA) Mine reclamation; mine sealing; minesubsidence control(NY) Structured fill within buildingfoundations(VA) Structural fillGypsum:(FL) Manufacture of gypsum wallboard(IA) Raw material for gypsum(NY) Manufactured gypsum(WA) Facility had plans to use as feedstockfor synthetic gypsum production but sulfurlevels too high.Other:(IA) Raw Material in absorbants; Rawmaterial for wallboard, plaster, or similarproduct(NY) Light weight block manufacture; Lightweight aggregate; Low strength backfillmaterial; Raw feed in cement manufacture(WI) New proposals(KY, MS) NonePulp and Paper MillWastes(all by-products)Cover:(NY) Alternative daily cover(TX) Spray mulch ADC(VA) Alternate progressive coverLand Application:(MI) Land application as soil additiveFuel:(IA) Fuel and Energy Source(MS) Wood wastes can be used for fuelOther:(IA) Bulking Agent or Carbon Source forComposting; Animal Bedding; Raw Material(FL) Mixing with chickenlitter and coal fly ash tomake "artificial soil"(KY, MS) NoneASTSWMO 2006 Beneficial Use Survey Report November2007B - 26WASTE TYPELIST THE BENEFICIAL USES YOUHAVE APPROVEDLIST PRE-APPROVED BENEFICIAL USESLIST USES NOTAPPROVED OR NOLONGER APPROVABLE(OH) Land application for agronomicbenefit?Liming Material:(MI) Liming material(MS) Lime muds for liming agent, woodash for liming agent(NC) Liming agent land appliedSoil Amendment:(NY, TN) Soil amendment(PA) Soil additive/amendment for minereclamationOther:(MT) In progress-Smurfit(NH) Used as landfill cap material(NJ) Soil mixing(NY) Animal bedding; Bulking agent;Absorbent(MI) Burned as fuel(TX) Compost(WA) None – wanted to use in gravel minereclamation but failed to demonstrate anybeneficial use.in absorbents; Landfill Alternative DailyCover(MS) In addition to use as fuel, wood wastescan be used for a variety of other things(NJ) Concrete manufacture(KY, VA) NoneASTSWMO 2006 Beneficial Use Survey Report November2007B - 27WASTE TYPELIST THE BENEFICIAL USES YOUHAVE APPROVEDLIST PRE-APPROVED BENEFICIAL USESLIST USES NOTAPPROVED OR NOLONGER APPROVABLERailroad TiesFuel:(MD, PA) Fuel(IA) Fuel and Heating Source(MI) Burned as fuel in industrial boiler orfurnace(ND) Use as fuel in high temp burnerLandscaping/Fencing:(FL, NY) Landscaping timbers(ND) Use as fence posts(OK) Home use for retention walls, fences,gardens, etc.(SD) Fencing, retaining walls, landscapingOther:(NJ) Resource recovery(WY) Nothing formal(IL, KY) NoneLandscaping/Fencing:(ND, SD, TX, WY) Landscaping (for WY, bydefault)(WA) Any structurally sound typically sold forlandscape purposes(ND) Fence posts(SD) Fencing, retaining wallsOther:(KY) Any sound beneficial reuse is a solidwaste permit-by-rule. See 401 KAR 47:150,Section 1(8)(WA) Ground creosote timbers acceptablefuel when facility has proper air permits.(KY) NoneRoofing ShinglesAsphalt:(NJ, WI) Asphalt(KS, TX) Asphalt plant(MD) Asphalt additive(ME, MA) Asphalt cold-patch(MA) Hot mix, cold mix asphalt(MI) Approved factory seconds in asphaltproduction(NY) Asphalt manufacture(PA) Asphalt concrete production(IN) Verbal inquiry about large scalegrinding and use in asphalt (no officialdecision as of time of survey response)Asphalt:(FL) Manufacture of asphalt(IA) Raw material in asphalt(MN) Asphalt pavement(NJ) Asphalt(WA) Use as component of asphaltproduction would not typically require a solidwaste permitRoads:(IA) Sub-base for road construction; Roadsurfacing granular material(MN) Road sub-base(FL) Fill in water bodies(KY) NoneASTSWMO 2006 Beneficial Use Survey Report November2007B - 28WASTE TYPELIST THE BENEFICIAL USES YOUHAVE APPROVEDLIST PRE-APPROVED BENEFICIAL USESLIST USES NOTAPPROVED OR NOLONGER APPROVABLERoads/Parking Lots/Driveways:(FL) Parking lot subgrade(MD, OH) Roadbed material(MA, NY, WI) Road base(MA) Sub-base(NH) Part of a road aggregate product(PA) Road/driveway construction(WA) Requests have included use indrivewaysOther:(IN) One for dust suppressant(OK) Grinding sheetrock and unusedlumber to spread on site at homeconstruction sites and use of brick,shingles and mortar to be used underdriveways at home construction sites—approval given to the grinding contractorsto enter into contracts with home builders.(TX) Cement kilns(WA) Requests have included use in horsearenas, hiking trail surface(IL, KY) NoneOther:(KY) Any sound beneficial reuse is a solidwaste permit-by-rule. See 401 KAR 47:150,Section 1(8)ASTSWMO 2006 Beneficial Use Survey Report November2007B - 29WASTE TYPELIST THE BENEFICIAL USES YOUHAVE APPROVEDLIST PRE-APPROVED BENEFICIAL USESLIST USES NOTAPPROVED OR NOLONGER APPROVABLESands:Foundry Sand:- Green SandsAsphalt:(MI, NY, PA) Asphaltproduction/manufactureCement:(ME) Cement kiln(MD) Cement additive(VA) Production of Portland CementConcrete:(PA, RI) Concrete production(WI) ConcreteCover:(MA, MI, NY, OK, VA) Alternative DailyCover Material(ND, RI) Landfill coverFill:(FL, KY, NY) Fill material(MI) Clean fill(TN) Structural fillRoads:(NY) Road sub-base(RI) Road base material(TX) Road baseOther:(IA) Rock Quarry ReclamationFill:(IA) Fill material(TN) Structural fill < 200 tons; flowable fillOther:(IA) Raw Material in Asphalt; Raw Material inCement; Landfill Leachate control drainagematerial; Emergency flood control use forsandbags; Landfill Alternative Daily Cover(KY) Any sound beneficial reuse is a solidwaste permit-by-rule. See 401 KAR 47:150,Section 1(8)(MN) Cement Kiln ingredient(TN) Mulch additive(WI) Landfill(VA) NoneFill:(FL) Fill in water bodies orwetlands(NC) FillOther:(NC) Building sand(KY) NoneASTSWMO 2006 Beneficial Use Survey Report November2007B - 30WASTE TYPELIST THE BENEFICIAL USES YOUHAVE APPROVEDLIST PRE-APPROVED BENEFICIAL USESLIST USES NOTAPPROVED OR NOLONGER APPROVABLE(MD) Topsoil additive(PA) Construction material; Pipe bedding(WI) Structural sub-base, baseChemically-BondedSandsAsphalt:(MI, PA) Asphalt productionConcrete:(PA) Concrete production(WI) ConcreteCover:(MI, VA) Alternate Daily CoverOther:(KS) Road surface(MD) Topsoil additive; cement additive(MI) Clean fill(PA) Construction material; Pipe bedding(WI) Sub-base, base(MA) Never approved due to phenols(KY) None(KY) Any sound beneficial reuse is a solidwaste permit-by-rule. See 401 KAR 47:150,Section 1(8)(MN) Cement Kiln ingredient(VA) None(KY) NoneASTSWMO 2006 Beneficial Use Survey Report November2007B - 31WASTE TYPELIST THE BENEFICIAL USES YOUHAVE APPROVEDLIST PRE-APPROVED BENEFICIAL USESLIST USES NOTAPPROVED OR NOLONGER APPROVABLESand Blasting MediaFill:(IL, KS) Use as fill material(WI) Structural fillOther:(FL) Component of soil cement for roadsub-bases(ME) Asphalt aggregrate(NJ) Concrete(NY) Aggregate; Cement Manufacture(OK) To till in eroded areas or low spotson property(MA) Not approved, hazardous wasterules apply.(HI, KY) None(IA) Raw material in cement; Raw material inasphalt; Sub-base for Road Construction;Raw Material for abrasive products; FillMaterial; Alternative Daily Cover(KY) Any sound beneficial reuse is a solidwaste permit-by-rule. See 401 KAR 47:150,Section 1(8)Sand Blast Grit:(HI) Did not approve useof sand blast grit inconcrete products(IN) IDEM would notapprove any application ofsandblast grit used toblast painted equipmentOther:(KY) NoneWWTP Filter SandFill:(KY, NJ, NY, OH) Fill(MA) Fill material (site specific)Roads:(NY) Road base(OH) RoadbedOther:(MA) Alternative Daily Cover Material(IA) Fill Material; Sub-base for roadconstruction(KY) Any sound beneficial reuse is a solidwaste permit-by-rule. See 401 KAR 47:150,Section 1(8)(KY) None. Dispose ofgrit at MSW landfill.ASTSWMO 2006 Beneficial Use Survey Report November2007B - 32WASTE TYPELIST THE BENEFICIAL USES YOUHAVE APPROVEDLIST PRE-APPROVED BENEFICIAL USESLIST USES NOTAPPROVED OR NOLONGER APPROVABLE(NY) Pipe bedding(IL) NoneSlag:Foundry SlagFill:(NY) Fill(NY, WI) Structural Fill(OH) Fill material?Roads:(MS, VA) Road aggregate (MS’ use is indemonstration phase currently)(NJ) Roadbed(NY) Road sub-base(PA) Roadway construction materialOther:(IA) Rock Quarry reclamation(PA) Construction material(TN) Aggregate(VA) Production of insulation(WI) Tile manufacturing(IN) None approved – did not submitsufficient information.(KY) None(KY) Any sound beneficial reuse is a solidwaste permit-by-rule. See 401 KAR 47:150,Section 1(8)(ME) In Cement production.(MI) Exempted in statute for any use – norestrictions(MS) N/A(WI) Landfill(VA) None(VA) General fill(KY) None(MS) N/AASTSWMO 2006 Beneficial Use Survey Report November2007B - 33WASTE TYPELIST THE BENEFICIAL USES YOUHAVE APPROVEDLIST PRE-APPROVED BENEFICIAL USESLIST USES NOTAPPROVED OR NOLONGER APPROVABLELead Slag(KY) None(KY) Any sound beneficial reuse is a solidwaste permit-by-rule. See 401 KAR 47:150,Section 1(8)(KY) NoneSteel SlagCement:(IA) Raw material in cement(NY) Cement manufactureFill:(IA) Fill material(NJ) Fill(KY, TN, VA) Structural fillRoads:(IA) Anti-skid aggregate (snow and ice);Sub-base for road construction(MD) Roadbed aggregate(OH) Roadbed?(WI) Stabilized shoulders, banksOther:(IA) Aggregate in pavement surfaces,bases, surface treatments, seal coats, slurcoats, and cold patch; Sand blast grit(NC) Land applied fertilizer(PA) Construction material; Liming agent(TN) Aggregate(WI) Surface course, Base course, Subbase course, Railroad ballast, Concrete,Asphalt(KY) Any sound beneficial reuse is a solidwaste permit-by-rule. See 401 KAR 47:150,Section 1(8)(MI) Exempted in statute for any use – norestrictions(VA) Structural fill(WI) Landfill(MS) N/A(KY) Fill that exceedsengineering needs, suchas a 40 ft. wide road, thatis disposal.(MS) N/AASTSWMO 2006 Beneficial Use Survey Report November2007B - 34WASTE TYPELIST THE BENEFICIAL USES YOUHAVE APPROVEDLIST PRE-APPROVED BENEFICIAL USESLIST USES NOTAPPROVED OR NOLONGER APPROVABLE(MS) NoneStreet SweepingsFill:(KS, ME, NJ, ND) Fill materialOther:(MT) MDT highway revegetation(NC) Incorporate into compost(ND) Landfill cover(IN) Could not approve; contained MSWand unfeasible to separate.(KY) NoneFill:(FL) Fill material(MA) Fill in public waysOther:(KY) Any sound beneficial reuse is a solidwaste permit-by-rule. See 401 KAR 47:150,Section 1(8)(MA) Reused as street sweeping; Restricteduse compost; Alternative Daily CoverMaterial(NY) Conventional aggregate (same as C&Ddebris)(ND) Landfill cover(MT) N/A(FL) Fill in water bodies orwetlands(KY) None(MT) N/AStormwaterSedimentsFill:(NJ) Fill(FL) Fill material pending analytical results(MA) Fill in public ways(OK) Fill in low lying areas or eroded areasCover:(MD) Daily cover at MLFs(MA) Alternative Daily Cover Material(TX) Landfill coverCover:(FL) Landfill initial cover(ND) CoverOther:(KY) Any sound beneficial reuse is a solidwaste permit-by-rule. See 401 KAR 47:150,Section 1(8)(ME) Road maintenance; material aggregateFill:(FL) Fill in water bodies orwetlands(ME) as FillOther:(KY) Cannot exceedbackground oncontaminants.ASTSWMO 2006 Beneficial Use Survey Report November2007B - 35WASTE TYPELIST THE BENEFICIAL USES YOUHAVE APPROVEDLIST PRE-APPROVED BENEFICIAL USESLIST USES NOTAPPROVED OR NOLONGER APPROVABLEOther:(MA) Restricted use compost(KY) None(MD) Unless contaminated it is consideredto be dirt, not a waste. If contaminated, it istreated as a contaminated soil.(NY) Conventional aggregate (same as C&Ddebris)(ND) FillUsed Cooking OilBiodiesel:(HI) Process into biodiesel(MT) Biodiesel, 100,000 gal(ND, TX) Biodiesel(PA) Biodiesel productionFuel:(MA) Fuel(NJ) Biofuels(PA) Alternative fuelOther:(ND) Rendering(PA) Dust suppressant(KY, MS) NoneBiodiesel:(MT) Biodiesel(NY) Biodiesel production(WA) We are not requiring solid wastepermit for production of biodiesel from wastecooking oils at this time.Other:(MD) It is routinely recycled as feedstock forrendering plants, and lately as fuel. No needto ask.(SD) Fuel additive(KY) Any sound beneficial reuse is a solidwaste permit-by-rule. See 401 KAR 47:150,Section 1(8)(MS) Reuse or reprocessing would not beconsidered a solid waste(IN) Denied use as dustsuppressant at publicfacility(KY) None(MT) N/AWaste-to-Energy(WTE) AshAsphalt:(FL, MA, PA) Manufacture of asphalt(FL) Initial cover at lined landfillsAsphalt:(HI) Did not approve useASTSWMO 2006 Beneficial Use Survey Report November2007B - 36WASTE TYPELIST THE BENEFICIAL USES YOUHAVE APPROVEDLIST PRE-APPROVED BENEFICIAL USESLIST USES NOTAPPROVED OR NOLONGER APPROVABLECover:(HI) Alternate daily cover, with specificconditions(MD, NY) Daily cover at MLFsOther Landfill Uses:(FL) Subgrade material for landfillconstruction(MA) Landfill gas vent layer(MS) Use of WTE Ash in interior accessroads in lined cells of ash landfill(NY) Landfill closureOther:(NH) R&D use of bottom ash as aggregatein base course asphalt paving(NJ) Dredged material amendment(NY) Manufactured stone(PA) Construction material; Roadway subbase(TN) Structural fill in foundations – revoked(KY) None(KY) Any sound beneficial reuse is a solidwaste permit-by-rule. See 401 KAR 47:150,Section 1(8)(MS) N/Ain asphalt(PA) Asphalt productionFill:(FL) Fill in water bodies orwetlands(NH) General fill(TN) Structural fill infoundations – revokedOther:(HI) Did not approve useas final cover at a MSWlandfill(MI) Not approved asadditive in concrete road(MS) Use of ash inconstruction is longerused(KY) NoneWood AshLiming Material:(ME) Lime substitute(MN, MS) Liming agent(NC) Liming agent land appliedSoil Amendment:(IA, NY, VA) Soil Amendment(MS) Use of wood ash instabilization of lagoon levysystem is no longerapproved.ASTSWMO 2006 Beneficial Use Survey Report November2007B - 37WASTE TYPELIST THE BENEFICIAL USES YOUHAVE APPROVEDLIST PRE-APPROVED BENEFICIAL USESLIST USES NOTAPPROVED OR NOLONGER APPROVABLELand application:(MA, ND) Land applicationSoil Amendment:(FL, KY, ME, TX) Soil amendment(MS) Soil amendment(NH) Agriculture, soil amendmentOther:(ME) Compost additive(MI) Alternate Daily Cover; Wastesolidification(MS) Potting soil additive(NY) Sludge stabilizer; Bulking agent;Traction agent(TN) Fertilizer(VA) Structural fill(WI) ConcreteOther:(IA) Compost Carbon Source; Raw materialin Cement; Fill Material(KY) Any sound beneficial reuse is a solidwaste permit-by-rule. See 401 KAR 47:150,Section 1(8)(ME) Bottom ash in road construction.(MD) Can be used without separate siteapproval if the material has been approvedas a soil amendment by MarylandDepartment of Agriculture.(MI) Exempted in statute as liming material(NY) Soil fertilizer(WA) Use on land regulated under Statefertilizer program when liming value claimed.(MS) N/A(KY) NoneWaste TiresAggregate:(MD, NY) Aggregate(MN) Aggregate ReplacementCover:(MI) Alternate Daily Cover(VA) Alternate Daily Cover (with soil)(WI) Daily coverAgricultural Uses:(IA) Whole tires: Ag uses to hold downcovers for commodities(OH) Whole tires: Agricultural use to holddown tarps/covers(KS) Silo cover(ND) Ag uses – hold sileage covers; watertroughs, etc.Fill:(FL) Fill in water bodies orwetlands(KY) Structural Fill.(SD) Fill material.ASTSWMO 2006 Beneficial Use Survey Report November2007B - 38WASTE TYPELIST THE BENEFICIAL USES YOUHAVE APPROVEDLIST PRE-APPROVED BENEFICIAL USESLIST USES NOTAPPROVED OR NOLONGER APPROVABLE(TX) Protective cover(WY) Landfill cover mixCrumb Rubber:(PA) Crumb rubber(MN) Crumb rubber in asphaltDrainage:(MA) Drainage applications(MI) Sewage drain fields(MS) Use of landfill leachate drainagemedia and septic tank draining medium(TN) Drainage material(WI) Drainage in landfill(WY) Leachfield drainageFill:(IN, NY) Structural fill(ME, MA, MN) Lightweight fill(OK) To fill in low lying areas or farmersproperty(WY) Road and highway fillFuel:(MD, PA) Fuel(KY) Tire Derived Fuel(ME) Fuel substitute TDF(ND) Use as fuel in high temperatureboilerOther Landfill Uses:(MI, TX) Leachate collection(NH) Substitute for aggregate as filtermaterial for landfill cap swales(SD) Various agricultural-related usesAsphalt:(MA) Asphalt manufacture(NY) Aggregate for asphaltCrash Barriers:(IA, OH) Whole tires: Crash barriers atracetracks(NC) Crash BarriersDock Bumpers:(IA) Whole tires: Marine and Vehicleloading/unloading area Dock Bumpers(KS) Bumper for boat dockDrainage:(FL) Drainage material(VA) Drainage mediaLandfill Uses:(ID) MSWLF Alternative Daily Cover;MSWLF gas collection system(KY) Landfill Liner Protection(OH) Tire shreds: Civil engineeringapplications at a landfillPlaygrounds:(FL, KS, ND) Playgrounds(IN) Wire-free grounds around playgroundequipment(IA) Whole tires: Children’s play areaequipment(KY) Playground safety beddingFences/Walls:(HI) No longer able to usewhole tires forconstruction of walls(ND) Fences(WY) Bale and loose tirefencesOther:(KY) Daily Cover neverapproved.(ND) Baled uses(SD) Erosion control(WY) Windbreaks(MS) N/AASTSWMO 2006 Beneficial Use Survey Report November2007B - 39WASTE TYPELIST THE BENEFICIAL USES YOUHAVE APPROVEDLIST PRE-APPROVED BENEFICIAL USESLIST USES NOTAPPROVED OR NOLONGER APPROVABLE(KY) Landfill liner protection(PA) RecappingPlaygrounds/Athletic Fields:(MA, NY, WI) Playground material(KY) Playground safety bedding(KY) Athletic Field Soil Amendment(MI) Athletic tracks, hiking trailsOther:(HI) Approved use of tire shreds for energyrecovery and concrete-encapsulated tirebales(IN) Septic systems(IA) Use in Shooting Ranges(KS) Structures(MT) Per solid waste MCA and rules(NY) Mulch; Road base(OK) Go-cart tracks or paint gun targetfields(PA) Civil engineering practices(SD) Various agricultural-related uses(TX) Concrete plants(VA) Erosion control (within lined footprint)(OH) Tire shreds: Playground cover materialRifle/Shooting Ranges:(ID) Base material for shooting rangebackstop(OH) Whole tires: Rifle range backstopRoads:(FL) Crumb rubber for road construction(ME) Tire chips in road building(NY) Aggregate for road baseTire-Derived Fuel:(IN) TDF (facility must have proper airpermit)(IA) TDF among material exempted(NC) TDF(VA) FuelOther:(IN) Other products with tire content (floormats, etc.)(IA) See Iowa Administrative Code 567Chapter 117.8 for complete list.- (IA) Material Exempted: Tire-Derived FuelAsphalt rubber, Buffing Rubber, CarbonBlack, Crumb Rubber- (IA) Whole Tires:Structures for military and police trainingunder ownership of local, state, federalagenciesASTSWMO 2006 Beneficial Use Survey Report November2007B - 40WASTE TYPELIST THE BENEFICIAL USES YOUHAVE APPROVEDLIST PRE-APPROVED BENEFICIAL USESLIST USES NOTAPPROVED OR NOLONGER APPROVABLE(WY) Fences, wind breaks, stock tanks,feeders(IA) Artificial fishing reefs and fish habitatstructures for government agencies(KS) Traffic control; Feed bunks; Watertanks; Windbreaks (baled)(KY) Athletic Field Soil Amendment(ME) Tire chips in wastewater leachfields(NY) Energy recovery(NC) Retreading, Erosion control, Chips foroyster cultch(ND) Miscellaneous uses, e.g., flower pots(OH) Tire shreds:Light weight fill in embankmentCompost bulking agentAggregate in septic leach fields(TX) Concrete plants(WA) Currently view tire bales as product butthis has become a problem in some areasbecause of no markets(MS) N/A(WY) NoneASTSWMO 2006 Beneficial Use Survey Report November2007B - 41WASTE TYPELIST THE BENEFICIAL USES YOUHAVE APPROVEDLIST PRE-APPROVED BENEFICIAL USESLIST USES NOTAPPROVED OR NOLONGER APPROVABLEOther:(added by States)Vegetative HurricaneDebris (FL)(FL) Mulch as soil amendment, use as fuelin wood boilers(FL) Fill in water bodiesUnleaded Glass (IA)(IA) Fill material (IA) Raw material in asphalt; Fill Material;Sandblasting or other abrasive; Leachatecontrol drainage material at landfill; FilterMedia; Sub-base for road construction;Landfill Alternative Daily Cover MaterialLime Kiln Dust (IA,OH)(OH) Soil amendment for construction (IA) Raw Material in absorbents; Rawmaterial in cement; Sub-base for roadconstruction; Soil amendment; Stabilizer formanure and waste sludge; Soil Stabilizer forconstruction purposes; Fill MaterialMuti-Fuel Ash (ME)(ME) Concrete (ME) In some asphalt and concretebatching, and road construction flowable fillClean Wood Waste(ME)(ME) Fuel; mulch (ME) Landspreading; Compost; MulchLime Mud (ME)(ME) Soil amendment; PapermakingBlood/Fish Wastes(ME)Fish and ShellfishWastesPoultry OfalFood Wastes(ME) Compost/soil amendments;Commercial compost products.Mixed Glass Cullet(MA)(MA) Drainage materialASTSWMO 2006 Beneficial Use Survey Report November2007B - 42WASTE TYPELIST THE BENEFICIAL USES YOUHAVE APPROVEDLIST PRE-APPROVED BENEFICIAL USESLIST USES NOTAPPROVED OR NOLONGER APPROVABLEFish Wastes (MI)(MI) Land application at agronomic ratesManure, Paunch, andPen Wastes (MI)(MI) Land application at agronomic rates,used to produce compostIndustrial Sludges (MI)(MI) Land application at agronomic ratesCrushed Egg Shellsfrom Processor (MS)(MS) Demonstration project involving useof egg shells as a soil amendment.(MS) N/A(MS) N/AVegetative Debris Ashfrom burningHurricane Debris (MS)(MS) Use of ash in soil amendment uses (MS) N/A(MS) N/AWaxed Cardboard(NY)(NY) Fuel pelletsShell (NY)(NY) Oyster bedsCoal Tar (NY)(NY) BTEX solvent fuelWood Waste (NY, NC)(NY, ND) Mulch/landscaping(NY, ND) Fuel production(NY) Animal bedding; Bulking agent(ND) Landfill cover (mixed with soil)Concrete, rock,bricks, gravel,uncontaminated soil(NC)(NC) Beneficial fillCement Siding (NC)(NC) Beneficial fillPorcelain (NC)(NC) Marine habitatsTobacco Dust (NC)(NC) Fertilizer and liming agentASTSWMO 2006 Beneficial Use Survey Report November2007B - 43WASTE TYPELIST THE BENEFICIAL USES YOUHAVE APPROVEDLIST PRE-APPROVED BENEFICIAL USESLIST USES NOTAPPROVED OR NOLONGER APPROVABLEAg Processing Waste(ND)(ND) Livestock feed; soil amendmentWWTP Sludge Ash(OH)(OH) Soil amendment for agronomicbenefitManufacturedStone/Concrete (OH)(OH) AggregateFines contaminatedwith TPH from awaterway marineterminal recyclingoperation (VA)(VA) Alternate Daily Cover (VA) NoneVegetative Waste (VA)(VA) Enhance habitat and wetlandsSilica-basedbyproduct frombronze casting (VA)(VA) Fill potholes in private drivewayFood ProcessingWastes (WA)(WA) Soil amendmentsGlass (WI)(WI) Utility pipe back fill (WI) LandfilledBlast Furnace Slag(WI)(WI) ConcreteNOTES:CT: Did not indicate uses for the wastes they added for which they have received requests for beneficial use (Scrubber residue from brickmanufacturing; Glass (Hg); Industrial sludges and filtercake).ASTSWMO 2006 Beneficial Use Survey Report November2007B - 44IL Construction and Demolition Debris: No approvalneeded. Authorized uses specified in Sec. 3.160 of Illinois Environmental ProtectionAct.Drinking Water Treatment Sludge: Drinking Water Sludge application authorized by Bureau of Water Permit.Power Plants: Uses authorized in Sec. 3.135 of Illinois Environmental Protection Act. Currently reviewing first request for use of fly/bottomash as structural fill in a manner that is not authorized in the statute.Foundry Sand: Beneficial use of foundry sand is subject to 35 IAC 817. No formal process for approval of beneficial use is in place.Slag: Beneficial use of foundry slag is subject to35 IAC 817. No formal process for approval of beneficial use is in place.Waste Tires: Tires are regulated under Title XIV ofthe Illinois Environmental Protection Act. No formal BUD process is in place.IN: Coal Fly Ash, Coal Bottom Ash, Circulating fluidized bed ash, and Flue gas desulfurization sludge:No – covered under IN statute; IDEMcannot approve or deny.Foundry Sand, Chemically-Bonded Sands: No - coveredunder statute; no IDEM approval needed.Steel Slag: No – covered under IN statute; IDEM cannot approve.IA: For complete Beneficial Use Project List, seeIowa Administrative Code 567 Chapter 108.4, othersmay include Solid Waste CompostingChapter 105, Tires Chapter 117.8, Landfarming Petroleum Contaminated Soil Chapter 120, Land Application of Waste Chapter 121.MO: Indicated that they did not have the staff available to complete this portion of the survey.OK: Drinking Water Treatment Sludge: received a beneficial use request as Alternative Daily Cover atLandfills

# Appendix C

Compilation of Survey Results

# ASTSWMO 2006 Beneficial Use Survey Report November 2007

C - 1 

# 1a. Does your State/Territory have a formal or info rmal beneficial use decision making

process or program?

1b. How many years has your program or similar proc ess been in place?

STATE YES NO # OF

YEARS

IN PLACE COMMENTS

AK X N/A

AZ X N/A

CO X This is located in the Water Quality Control Divisi on.

CT X 10

FL X 12

HI X ~12

ID X 13 Idaho’s BUD involves either waste tires or alternat ive daily cover at

municipal solid waste landfills.

IL* X 12 We have a beneficial use process for coal combustio n byproducts.

Other reuse may be allowed by the statutes, but we have no specific

approval process.

IN X 17

IA X 3

KS X 10

KY X 15 It is automatic, but sometimes end users request a written decision

for structural fill and similar uses, so we use a f orm and make a BUD

even though it is an automatic permit-by-rule.

ME X 8

MD X 20

MA X 16

MI X 25+

MN X 2.5

MS X 1*

~ 6**

MO X* ~7

MT X 13

NE X 13

NH X 20

NJ X ~12

NY X 18

NC X --

ND X 11

OH X 12

OK X

PA X 14

RI X 6 Temporarily suspended to make changes in th e program.

# ASTSWMO 2006 Beneficial Use Survey Report November 2007

C - 2 STATE YES NO # OF

YEARS

IN PLACE COMMENTS

SD X Unknown

TN X 15+

TX X 15 Texas enacted recycling rules that require notifica tion to the State

of municipal recycling programs. Not all beneficial use is

captured.

UT X 5

VT X Vermont does not have a beneficial use program. We do make

acceptable use determinations but these are general ly one-time

events.

VA X 18

WA X 3

WV X

WI X 20

WY X 8

NOTES:

IL: Illinois has had authority since January 2006 t o do limited beneficial waste determinations

on coal combustion by-products. We lack authority to do formal determinations on other

waste. Whenever possible we respond to letters and advise people whether or not their

proposed activity is waste management and would nee d a permit.

MS: * Formal program

** Informal approvals

MO: * InformalASTSWMO 2006 Beneficial Use Survey Report November2007C - 31c. Please indicate whether or not your State/Territory has a mandate or provision for beneficial use(or a similar term)of non-hazardous solid waste in a:STATESTATUTEREGULATIONPOLICY/GUIDELINESAGENCYDISCRETIONOTHER(PLEASESPECIFY)NOTAPPLICABLEAKXAZ -- -- -- -- -- XCO X X XCT X*FL X X XHI XID XIL X*IN X X X XIA XKS XKY X X XME XMD X X* XMA X XMI X X XMN XMS XMO X X XMT XNE X XNH X XNJ X*NY XNC X* X* X*ND XOH Policyrescinded, inprocess ofmaking rule.ASTSWMO 2006 Beneficial Use Survey Report November2007C - 4STATESTATUTEREGULATIONPOLICY/GUIDELINESAGENCYDISCRETIONOTHER(PLEASESPECIFY)NOTAPPLICABLEOKXPA X XRI X X*SD XTN X*TX X X XUT XVT XVA X XWA X XWV XWI X X X XWY XNOTES:CT: Sec. 22a – 209fIL: For coal combustion byproducts only.MD: For a few things.NJ: Regulations for beneficial use.NC: Statute: Recovered Materials.Regulation: Coal Combustion Byproducts and Beneficial Fill.Policy/Guidelines: Wood Ash.RI: Temporarily suspended to make changes.TN: See attached Policy/Guidelines in Appendix D.

# ASTSWMO 2006 Beneficial Use Survey Report November 2007

C - 5 

# 1d. How many full-time employees (FTEs) do you esti mate that your State uses

annually to make beneficial use determinations?

Are any of these FTEs dedicated solely to beneficia l use projects?

If Yes, how many:

STATE # OF FTEs DEDICATED SOLELY TO BENEFICIAL USE

PROJECTS?

YES # of FTEs NO

AK <1 X

AZ

--

CO 1 X

CT 1 X

FL Unknown X

HI 1 X

ID N/A X

IL *

IN 1 X

IA 2 X

KS .25 X

KY .25 X

ME No estimate X

MD 4 X

MA 2.5-3.0 X

MI 1⁄2 X

MN 1 X .3

MS .75 X

MO .25-.50 X

MT 2* X

NE .5 X

NH 4 X

NJ 3 X

NY 3 X 2

NC 2 X

ND 3 (part time ),

estimate (.5

equivalent) X

OH 1 X

OK 1 X

PA 4 X 2

RI 1 X

SD .5 X

TN 2 X

TX 2 X

UT 1 X

VT 0

VA 8 X

WA .5 X .5*

# ASTSWMO 2006 Beneficial Use Survey Report November 2007

C - 6 STATE # OF FTEs DEDICATED SOLELY TO BENEFICIAL USE

PROJECTS?

YES # of FTEs NO

WV 0

WI 1 X 1

WY 7 X

NOTES:

IL: We have only received two requests since author ity was granted to us in January 2006.

Of these requests, we have rejected one and have no t made a final decision on the

second one.

MT: Recycling and Market Development Specialists.

WA: Currently the BUD coordinator position is dedic ated half time. Other staff assist with

review of BUD applications as needed.

# ASTSWMO 2006 Beneficial Use Survey Report November 2007

C - 7 

# 1e. Have there been any major changes or trends tha t have taken place in your beneficial use

determination (BUD) program since the 1999 Survey?

STATE YES NO MAJOR CHANGES/TRENDS

AK X

AZ -- --

CO X

CT X Since March 2006, Connecticut has now been consider ing BUDs in addition to only writing General

Permits (GPs). In the past year, the State has iss ued 3 GPs and is currently writing several BUDs.

FL X

HI X By 1999, BUD was already risk-based. The primary c hanges since then have been with the

applicable screening levels, appropriate for both h uman health and ecology.

ID X

IL X The Illinois Environmental Protection Act was amend ed to require the Illinois EPA to review

beneficial use determinations for coal combustion b y-products.

IN X

IA X Large Fill Projects, mostly for Rock Quarry Reclama tion using Coal Combustion

By-products and Foundry Sand. Have been using C&D material as fill.

KS X

KY X Kentucky changed the definition of “Beneficial Reus e” in special waste regulations to allow land

disposal options that were already outlined in the permit-by-rule regulations, such as structural fill

, mine reclamation, etc. (i.e., eliminated a conflict in the rules that could have stopped land use

beneficial reuse).

ME X - Rules amended in 2006 to establish more specific standards for using wood recovered from

demolition and construction debris as a fuel substi tute.

- Changed allowable limits for certain chemicals.

MD X The program is basically the same as in 1999.

MA X There was a complete redesign of the BUD process fo r which new BUD regulations were issued in

October of 2005. There is also a BUD guidance docu ment with standards that is still pending

issuance and therefore still in draft form.

MI X We were working on a rules package in 2004 and 2005 that would allow for a self-implementing

beneficial use of certain industrial by-products. We had proposed to change our allowable risk from

1 in a million to 1 in 100,000, which would have ra ised the concentration of contaminants allowed.

We also proposed to allow a number of things to be used for daily cover at licensed landfills and to

# ASTSWMO 2006 Beneficial Use Survey Report November 2007

C - 8 STATE YES NO MAJOR CHANGES/TRENDS

be used to stabilize/treat liquid wastes. The pack age did not move forward because we could not

overcome generator liability issues or raise the cr iteria high enough so that specific wastes could

be used with less control.

MN X Minnesota has developed new rules and formally deve loped a beneficial use program. The new

rules outline definitions, administrative tools to be used, submittal requirement, and approval or

denial steps to be taken by the agency.

MS X In July 2005, Mississippi adopted formal regulation s governing the beneficial use of nonhazardous

solid wastes.

MO X

MT X Montana Department of Transportation (MDT) will all ow up to 20% fly ash in concrete and

considering raising the limit due to shortage of co ncrete.

MDT developing specifications for fly ash in road b ase.

NE X In March 2006, a clarification was made to Nebraska Administrative Code Title 132, Chapter 2.002.

It now explicitly allows for fill (irrespective of whether it is contaminated or not) to be used for

certain land improvement practices. Beneficial use of food processing wastes via land application

for agronomic purposes is receiving more attention in Nebraska. Currently such practices are

reviewed only when there is reason to believe there may be “disposal”.

Coal Combustion Ash is currently the only waste tha t is “pre-approved” for beneficial use through

published Department guidance.

NH X The legislature has instituted a 1-1/2 year morator ium on using processed C&D wood waste as Biofuel.

NJ X

NY X

NC X

ND X More interest in BU determinations for CCB’s. With experience, approval process has smoothed

considerably.

OH X

OK X

PA X A major overhaul of the municipal and residual wast e regulations has begun. This could result in

major changes to the definition of waste and the ge neral permitting (beneficial use) program.

Currently, major general permit formatting changes are being implemented. This includes to

changes our chemical constituent concentration leve ls.

RI X Legislation was passed that severely restricted the program (to be operable in only one city/town in

the State), which essentially defeated the existing program. Recent legislation changed the

# ASTSWMO 2006 Beneficial Use Survey Report November 2007

C - 9 STATE YES NO MAJOR CHANGES/TRENDS

program back to being allowed throughout the State, with some additional controls added. RIDEM

is currently in the process of modifying its polici es/guidelines on BUDs to comply with the new State

law.

SD X We have seen a modest trend in that we have seen gr eater interest in the potential beneficial use

of agriculturally generated solid wastes.

TN X Applications for land application of food processin g waste have been upgraded to a permit-by-rule

process.

TX X State legislature passed laws requiring municipal r ecycling operations to notify the Texas

Commission on Environmental Quality prior to operat ion and provide financial assurance.

UT X

VT X

VA X See attachment in Appendix D.

WA X At the time of the 1999 survey, Washington was disc ussing establishment of a formal BUD process

as a result of changes in the State’s solid waste s tatute that occurred during the 1998 session.

Since that time, State solid waste regulations have been revised and included a formal process for

applying to the Washington Department of Ecology (E cology) for relief from solid waste permitting

for use of specific waste in a specific manner as p roposed. These regulations became effective

February 10, 2003. The 1998 legislative action als o contains provisions that allow the department

to exempt from permitting certain beneficial uses o f solid waste by rule. The department chose to

limit rule making to development of the required ap plication and approval process, and hold a

section in reserve for future development of a list of approved beneficial uses.

WV X

WI X Wisconsin-DNR has developed several guidance/approv al for beneficial use of excavated waste,

flowable fill, soil stabilization, etc. Wisconsin-D NR has revised its beneficial use code in 2005 to

include additional waste streams and clarify severa l issues.

WY X

# ASTSWMO 2006 Beneficial Use Survey Report November 2007

C - 10 

# 2. Does your State/Territory have a written definit ion of beneficial use or a similar term?

3. Where is your definition of beneficial use (or simi lar term) located? Check all that apply

STATE DEFINITION OF BENEFICIAL USE

YES NO STATUTE REGULATION POLICY OR

GUIDELINES

AK X

AZ X

CO X X X

CT X X X

FL X X X X

HI X

ID X -- -- --

IL X

IN -- -- -- -- --

IA X

KS X

KY X X X

ME X X

MD X* X

MA X X X

MI X

MN X X

MS X X

MO X

MT X

NE X

NH X X

NJ X X

NY X X

NC X X* X* X

ND X

OH X X* X**

OK X X

PA X X X

RI X X

SD X

TN X X*

TX X X X

UT X

VT X

VA X X

WA X X

WV X X*

WI X X X

WY X X

# ASTSWMO 2006 Beneficial Use Survey Report November 2007

C - 11 NOTES:

MD: No definition of Beneficial Use; Maryland uses the terms “recyclable materials” and “recycling”. In the

Environment Article, Section 9-1701 of the Annotated Code of Maryland , the term recyclable is defined:

“(k) "Recyclable materials" means those materials that:

(1) Would otherwise become solid waste for dis posal in a refuse disposal system; and

(2) May be collected, separated, or processed and returned to the marketplace in the form of

raw materials or products.

(l) (1) "Recycling" means any process in which materials that would otherwise become solid

waste are collected, separated, or processed and re turned to the marketplace in the form of raw materi als

or products.

(2) "Recycling" includes composting.”

The key there is “returned to the market place” – it’s got to come and go to a viable use, not pile u p or be

sham-recycled, e.g. as fill, which we generally vie w as unpermitted landfilling.

NC: Statute: Recovered Material is not regulate d as a waste.

Regulation: Beneficial use of Coal Combustion By-pr oducts.

OH: * Definition for scrap tires only

** Definition for scrap tires only

For all other materials, Ohio does not have a defin ition.

TN: See Definitions.

WV: The only West Virginia regulations that we are familiar with regarding beneficial uses are refere nced in

Title 33, Series 1, Solid Waste Management Rule, Se ction 5.5.b.4, concerning coal combustion byproducts. Only beneficial uses for coal combustion by-products are addressed in Title 33, Series 1.ASTSWMO 2006 Beneficial Use Survey Report November2007C - 124. What are the major barriers to implementing BUDsin your State/Territory? Check all that applySTATEMAJOR BARRIERS TO IMPLEMENTING BUDsPUBLICACCEPTANCELACK OFAWARENESSSTATUTORY ORRULELIMITATIONSTHAT RESTRICTBENEFICIAL USESTAFFRESOURCESINSUFFICIENTINFORMATION TODETERMINE HUMANOR ECOLOGICALIMPACTS OF USERATHER THANDISPOSALLACK OFAUTHORITYTOIMPLEMENTOTHERS (PLEASESPECIFY)AKCosts and logistics ofimplementing majorbeneficial use projectsAZHave not identified potentialapplications.CO*We need to modify the solidwaste regulations to allowfor broader interpretationand implementation ofbeneficial use concepts.CTXStrict guidelines.FLXXXMany proposed materials donot meet the existing criteriaused to evaluate human andenvironmental impacts uponreuse.HI X X X X XID X X XIL XASTSWMO 2006 Beneficial Use Survey Report November2007C - 13STATEMAJOR BARRIERS TO IMPLEMENTING BUDsPUBLICACCEPTANCELACK OFAWARENESSSTATUTORY ORRULELIMITATIONSTHAT RESTRICTBENEFICIAL USESTAFFRESOURCESINSUFFICIENTINFORMATION TODETERMINE HUMANOR ECOLOGICALIMPACTS OF USERATHER THANDISPOSALLACK OFAUTHORITYTOIMPLEMENTOTHERS (PLEASESPECIFY)INXXXXIA X X XKS XKY XME X*MDXSome proposed materialsare not acceptable for theproposed uses due to therisk of unacceptableexposure or water pollution.Or other adverse ecologicalimpact.MA XMI X X XMN XMS X X X XMO X X XMTXXXNE X XNHX*X*Some States reluctant toembrace BUDs (e.g., coalash embankments).ASTSWMO 2006 Beneficial Use Survey Report November2007C - 14STATEMAJOR BARRIERS TO IMPLEMENTING BUDsPUBLICACCEPTANCELACK OFAWARENESSSTATUTORY ORRULELIMITATIONSTHAT RESTRICTBENEFICIAL USESTAFFRESOURCESINSUFFICIENTINFORMATION TODETERMINE HUMANOR ECOLOGICALIMPACTS OF USERATHER THANDISPOSALLACK OFAUTHORITYTOIMPLEMENTOTHERS (PLEASESPECIFY)NJMaterials that qualify foruses.NYXHow clean is clean issues.NCXND X XOH X XOK X XPA X X XRI XSD XTNLack of suitable requests.TX X XUT X XVTXLack of demand for this typeof program.VA X X XWA*WV X XWI X X XWY X XASTSWMO 2006 Beneficial Use Survey Report November2007C - 15NOTES:CO: Note: Colorado did not respond to the questions after Question 4.ME: Of someactivities.NH: Public acceptance of C&D wood.Lack of awareness of users/contractors/DOTWA: One of the more difficult aspects of implementing a BUD program has been debate over whether a material is a waste or a product with value.Arguments have been made that a material, once processed (such as crushing, baling, etc.) it is no longer a solid waste and therefore not subjectto the regulation containing the provisions for theState BUD program. This becomes a very circular discussion with few “off-ramps”.Unfortunately, there is only ambiguous authority torequire demonstration of an actual market for the“transformed materials”. Speculativeaccumulation and sham recycling have sometimes resulted in need for remedial response after problems have been created. A better defineddistinction between “waste” and “product” would help prevent unpermitted solid waste handling facilities from being established and limit theconfusion over when solid waste regulations are applicable.ASTSWMO 2006 Beneficial Use Survey Report November2007C - 165a. In a twelve month period, estimate the number of written requests / applications your State/Territory receives for a beneficial usenotice or approval for non-hazardous, solid wasteswhich would normally have been disposed of if not used?1-10; 11-20; 21-30; 31 or more; None (skip to #6)5b. If possible, for the history of the program, give the total number of written requests your State/Territory has received: ______(circle one: actual or estimate)STATETWELVE MONTH PERIOD# OF WRITTEN REQUESTS/APPLICATIONSHISTORY OF PROGRAM# OF WRITTEN REQUESTS(indicate whether Actual orEstimate)1-1011-2021-3031 or MORENONEACTUALESTIMATEAKXAZ -- -- -- -- -- -- --CT X 10FL X 18HI X 30ID X 7IL X * *IN X 80+IA X * *KS X 20KY X 272ME X 199*MD X X 50?MA -- -- -- -- -- -- --MI X 300MN X 45MS X 50+MO X 125MT X 7NE XNH X <30NJ X 450NY X 885*ASTSWMO 2006 Beneficial Use Survey Report November2007C - 17STATETWELVE MONTH PERIOD# OF WRITTEN REQUESTS/APPLICATIONSHISTORY OF PROGRAM# OF WRITTEN REQUESTS(indicate whether Actual orEstimate)1-1011-2021-3031 or MORENONEACTUALESTIMATENCX*30ND X 40-50OH X 26*OK X * *PA X 600RI X 6SD X 20TN X 50TX X >1,000UT X 10VT X 40VA X 50WA X 9WV X 5WI X* 100WY X 160NOTES:IL: We have only received two requests since authority was granted to us in January 2006. Of these requests, we have rejected one and have notmade a final decision on the second one.IA: Unknown.ME: May have missed some.NY: As of 8/14/06.NC: Primarily beneficial use of ash.OH: 26 from Division of Solid and Infectious WasteManagement; don’t know how many from the Division of Surface Water.ASTSWMO 2006 Beneficial Use Survey Report November2007C - 18OK: 5,000WI: The number represents formal requests. The NR538 program is mostly self-implementing and formalapproval is not needed in most beneficialuse. However, some uses over 5000 yards need concurrence from the Department in 10 business days.ASTSWMO 2006 Beneficial Use Survey Report November2007C - 196. If your State/Territory does not have a BUD process, what information would be most useful to begindeveloping such a process(or revising an existing one)?STATEMODELS OFEXISTINGPROGRAMSSUGGESTEDWAYS TOOVERCOMEMAJORBARRIERSLIST OFAPPROVEDMATERIALSAND USESBY STATELIST OFSTATECONTACTS INSTATES WITHBUDPROGRAMSLIST OFCRITERIA OROTHERSTANDARDSUSED FORDECISIONMAKINGOTHER (PLEASESPECIFY)AKXAZ X X XCT* X X X X XFLHI X XID -- -- -- -- -- --IL -- -- -- -- -- --IN -- -- -- -- -- --IA XKS X X XKYXXState rules forautomaticallyapprovedbeneficial uses.ME -- -- -- -- -- --MD -- -- -- -- -- --MA -- -- -- -- -- --MI -- -- -- -- -- --MN -- -- -- -- -- --MSXXXCase studies onapproved uses ordemonstrationprojects.MO -- -- -- -- -- --MT X X XASTSWMO 2006 Beneficial Use Survey Report November2007C - 20STATEMODELS OFEXISTINGPROGRAMSSUGGESTEDWAYS TOOVERCOMEMAJORBARRIERSLIST OFAPPROVEDMATERIALSAND USESBY STATELIST OFSTATECONTACTS INSTATES WITHBUDPROGRAMSLIST OFCRITERIA OROTHERSTANDARDSUSED FORDECISIONMAKINGOTHER (PLEASESPECIFY)NEXXXXXNH -- -- -- -- -- --NJ -- -- -- -- -- --NY -- -- -- -- -- --NC -- -- -- -- -- --NDXXXXNeed model rules,definitions,guidance, etc.Training ofgenerators/userson issues ofconcern toregulators wouldalso be helpful.Also suggestincentives toencourage use infederally fundedactivities i.e., DOTprojects, DOEprojects, etc.OH X XOK -- -- -- -- -- --PA -- -- -- -- -- --RI -- -- -- -- -- --SD X XTN -- -- -- -- -- --TX X XUT X X XVT X XASTSWMO 2006 Beneficial Use Survey Report November2007C - 21STATEMODELS OFEXISTINGPROGRAMSSUGGESTEDWAYS TOOVERCOMEMAJORBARRIERSLIST OFAPPROVEDMATERIALSAND USESBY STATELIST OFSTATECONTACTS INSTATES WITHBUDPROGRAMSLIST OFCRITERIA OROTHERSTANDARDSUSED FORDECISIONMAKINGOTHER (PLEASESPECIFY)VAWA -- -- -- -- -- --WVWI -- -- -- -- -- --WY -- -- -- -- -- --NOTE:CT: Responded to this question as information that would be most useful to revising an existing BUD process.ASTSWMO 2006 Beneficial Use Survey Report November2007C - 227a. Does your State/Territory have time limits thatbeneficial use applications must be reviewed within? 30 days; 60 days; 90 days;120 days; Other (please specify); None7b. If you have a time limit, does the request become automatically approved when the limit is exceeded? Yes; No; Other (specifyoutcome(s))STATETIME LIMIT FOR REVIEW OF BENEFICIAL USE APPLICATIONSIF TIME LIMIT EXCEEDED, IS REQUESTAUTOMATICALLY APPROVED?30 days60 days90 days120 daysOther(pleasespecify)NONEYESNOOTHER(specify outcome)CTXFL XHI180 days*X*If no action by State within180 days, permitapplications areconsidered defaultpermits and operation isautomatically approved.Other requests for inert filldetermination requirewritten approval from theDepartment.ID -- -- -- -- -- -- -- -- --IL X XIN XIA XKS XKY135 daysFor solid waste, it isalready approved by apermit-by-rule unless we“disapprove” the use. Theapplication is for a writtenASTSWMO 2006 Beneficial Use Survey Report November2007C - 23STATETIME LIMIT FOR REVIEW OF BENEFICIAL USE APPLICATIONSIF TIME LIMIT EXCEEDED, IS REQUESTAUTOMATICALLY APPROVED?30 days60 days90 days120 daysOther(pleasespecify)NONEYESNOOTHER(specify outcome)letter of confirmation thatis not normally givenunless the end userrequests one.The same is true for coalcombustion coal ash thatis used as a permit-byrule in 401 KAR 45:060.For special waste reusedin a manner not specifiedin 45:060, the end usermust await a “Letter ofAcknowledgement” per45:070.ME 18 workingdays to 180daysdependingon theactivity.X* X*MD X XMAXThe application fee isrefunded if the timeline isexceeded.MI 180 days XMN XMS XASTSWMO 2006 Beneficial Use Survey Report November2007C - 24STATETIME LIMIT FOR REVIEW OF BENEFICIAL USE APPLICATIONSIF TIME LIMIT EXCEEDED, IS REQUESTAUTOMATICALLY APPROVED?30 days60 days90 days120 daysOther(pleasespecify)NONEYESNOOTHER(specify outcome)MOXMT XNH X X*NJ XNY XNC X* X**NDXOH XOK X XPA X* X* 160* XRI* XSD XTN XTX X X*VA X XWAX*XWV XWI X XWY XNOTES:HI: 180 days as part of solid waste permit application.None as part of determinations of sediment/soil asinert fill.ME: Yes and No. Yes for 18-day permit-by-rule activities. No for major projects (with or without risk assessments).NH: 120 days to issue substantially complete.NC: * Coal Combustion By-products rules: 30 days** Coal Combustion By-productsASTSWMO 2006 Beneficial Use Survey Report November2007C - 25PA: New applications 160 days; DOAs 60 days; Registrations 30 daysRI: The answers refer to details of our previousBUD program and may change somewhat, when the new BUD program becomes operable.TX: Agency can extend processing time.WA: The application process is explicit that the 90-clock begins once the application is determined tobe complete by Ecology. We work with applicants toidentify data gaps and other deficiencies and offera preliminary assessment as to the viability of the proposal. Once all information is collected, theapplicant is notified via certified mail of the date an application is deemed complete. This action initiates the 90-day formal review period.

# ASTSWMO 2006 Beneficial Use Survey Report November 2007

C - 26 

# 8. Estimate the range of staff hours it takes to re view a beneficial use request / application:_____

to_____ hours for an average written request; _____ to _____ hours for first time / unique or

more complex request.

STATE RANGE OF STAFF HOURS TO REVIEW

AVERAGE WRITTEN

REQUEST FIRST TIME/ UNIQUE/

COMPLEX REQUEST

CT 1–1 1⁄2 (years, not hours) 1–2 (years, not hours)

FL 20–40 400-800

HI 8-24 40

ID 10–20 --

IL * *

IN 10-15 60-80

IA 2-5 10-20

KS 1-2 24-40

KY 4-12 16-24

ME Unknown Unknown

MD 2-10 10-50?

MA

-- --

MI 1-2 5-10

MN 4-12 8-40

MS 3-6 6-8

MO 8-15 40-60

MT

-- --

NH 20-40 40-80

NJ 3-4 15-40

NY 7.5-37.5 30-75

NC 4-6 16-40

ND 1-40 8-40

OH * *

OK 1⁄4 - 1⁄2 1-2

PA 25-50 50-100

RI* 7-14 35-70

SD 4-8 10-20

TN 4-10 16-40

TX 1-2 4-8

UT N/A N/A

VA 4-8 20-40

WA ~20-30 ~40-60*

WV 1-20 20-40

WI 20-30 80-100

WY 1-3 8-24

NOTES:

IL: We have only received two requests since author ity was granted to us in January 2006. Of these

requests, we have rejected one and have not made a final decision on the second one.

OH: One office indicated 16-48 hours for a typical request, 80-160 hours for a complex request. Anoth er

office indicated 3-4 hours for a typical request, 2 0-40 hours for a complex one.

# ASTSWMO 2006 Beneficial Use Survey Report November 2007

C - 27 RI: The answers refer to details of our previous B UD program and may change somewhat, when the new

BUD program becomes operable.

WA: Unique or more complex requestASTSWMO 2006 Beneficial Use Survey Report November2007C - 289. Which of the following criteriadoes your State/Territory use when considering beneficial use requests and making decisions?Check all that apply (i.e., if the request is not consistent with the criteria, it would be grounds for rejection). It must:Key:A: not be expected to result in adverse impacts tohuman health or the environmentB: constitute a use rather than a disposalC: be consistent with an integrated waste management policy orhierarchyD: be effective substitute for an analogous raw materialE: not require decontamination or treatmentF: have demonstrated market or need for the materialG: divert waste from a landfill or other disposal facilityH: save resources or energyI: (may allow) blending allowed to meet target contaminant levelsJ: use in a product or activity where contaminantsare chemicallybound (i.e., cement, concrete, asphalt)K: not involve a fee that is paid by the waste generator to thewaste userStateCriteria Used in Beneficial Use Decision-MakingABCDEFGHIJKOtherCTXXXXXXXXHave demonstrated alegitimate benefit, otherthan reducing disposalcosts.FLXXXXWe prefer uses incement, concrete orasphalt but it is notrequired.HIXXXXX*XXXFinal product does notpossess a physical,chemical or biologicalcharacteristic ofconcern.ID X X XIL X X X XIN X X X X X X XIA X X X X X X X XASTSWMO 2006 Beneficial Use Survey Report November2007C - 29StateCriteria Used in Beneficial Use Decision-MakingABCDEFGHIJKOtherKSXXXXKY X X X X X XMEXXXXMDXXXXXDepends on thespecific material andthe proposed use.MAXXXXXXXMeet risk-basedcontaminant levelsestablished in theguidance document,not increasebackground levels ofconcentrations ofcritical contaminants ofconcern, or meetindustry specifications.MI X X X X X XMN X X X XMSXXXXXWaste cannot be aputrescible waste.Putrescible wastes areeligible for beneficialuse under site specificsolid waste permits.MO X X XMT X X X X X X X XNH X X X X XNJ X X X X XNY X X X X X XASTSWMO 2006 Beneficial Use Survey Report November2007C - 30StateCriteria Used in Beneficial Use Decision-MakingABCDEFGHIJKOtherNCXXND X X X X X X X X X X XOHXConstitute disposalrather than as alegitimate product.OK X X X X X X XPA X X X X XRIXXX*X**XRe-used end productsthat have soil typeproperties must satisfyspecific contaminantlimits for severaldefined parameters.SD X X X X X X XTN X X X X XTX X X X X X XVA X X X X X X X XWAXXXXMaybe a suitablematerial for a nonfertilizer soilamendment to buildorganic content, helpretain moisture, or otherbenefit whereguaranteed plantnutrient, limingcharacteristics or otherclaimed benefit doesnote result in requiredregistration with theState AgricultureASTSWMO 2006 Beneficial Use Survey Report November2007C - 31StateCriteria Used in Beneficial Use Decision-MakingABCDEFGHIJKOtherDepartment as afertilizer.WV X X X X X X X XWIXXXXXXXWY X X X XNOTES:HI: Not require decontamination or treatment afteruse.RI: * Be effective substitute for an analogous rawmaterial or for a commercial product.** In RI, a plus, but not a requirement.The answers refer to details of our previous BUD program and may change somewhat, when the new BUD program becomes operable.ASTSWMO 2006 Beneficial Use Survey Report November2007C - 3210a. Which of the following administrative toolsdoes your State/Territory use when making beneficial use decisions? Check all thatapplySTATEADMINISTRATIVE TOOLS USED IN BENEFICIAL USE DECISIONSLIST(S) OF EXEMPTEDMATERIALS OR PREAPPROVEDUSE FOR WASTESRULE ORSTATUTEDIRECTSTHAT NOFORMALAPPROVALSARE NEEDEDLETTERS SIMPLYACKNOWLEDGINGBENEFICIAL USE OFA MATERIAL BUTNOT AN APPROVALSPECIALCONSIDERATIONWHEN MATERIALUSED AS ASUBSTITUTE FORANOTHER RAWMATERIALLETTERSGRANTINGAPPROVALPERMITSOTHERSCTXXBU determinations(approvals)FL X X XHI X XID -- -- -- -- -- -- --IL X XIN X X X XIA X X X XKS XKY X X X XME X XMD X X X*MAXXXGeneral BUD thatallows specific usesfor materials withoutthe need to get apermit.MI X X X X XASTSWMO 2006 Beneficial Use Survey Report November2007C - 33STATEADMINISTRATIVE TOOLS USED IN BENEFICIAL USE DECISIONSLIST(S) OF EXEMPTEDMATERIALS OR PREAPPROVEDUSE FOR WASTESRULE ORSTATUTEDIRECTSTHAT NOFORMALAPPROVALSARE NEEDEDLETTERS SIMPLYACKNOWLEDGINGBENEFICIAL USE OFA MATERIAL BUTNOT AN APPROVALSPECIALCONSIDERATIONWHEN MATERIALUSED AS ASUBSTITUTE FORANOTHER RAWMATERIALLETTERSGRANTINGAPPROVALPERMITSOTHERSMNXCase SpecificBeneficial UseDeterminations.These are legaldocuments thatoutline theapproval, conditionsfor use, andreportingrequirements.MS X X XMO XMTXAnalytical datawhich demonstratesthat a certainmaterial will notpollute or harm theenvironment.NH X X X X XNJ X X XNYXXPermits whenprocessing isrequired prior tobeneficial use.ASTSWMO 2006 Beneficial Use Survey Report November2007C - 34STATEADMINISTRATIVE TOOLS USED IN BENEFICIAL USE DECISIONSLIST(S) OF EXEMPTEDMATERIALS OR PREAPPROVEDUSE FOR WASTESRULE ORSTATUTEDIRECTSTHAT NOFORMALAPPROVALSARE NEEDEDLETTERS SIMPLYACKNOWLEDGINGBENEFICIAL USE OFA MATERIAL BUTNOT AN APPROVALSPECIALCONSIDERATIONWHEN MATERIALUSED AS ASUBSTITUTE FORANOTHER RAWMATERIALLETTERSGRANTINGAPPROVALPERMITSOTHERSNCX*X*NDXXWe have usedletters of approval,but have alsoapproved plans thatdo not require caseby-case approval.OHXExemption fromregulation as a solidwaste disposalfacility.OK X XPA* X X XRI XSD X XTN XTXXIssue RecyclingNotificationapprovals.VAXXXCoal CombustionBy-productsRegulationsASTSWMO 2006 Beneficial Use Survey Report November2007C - 35STATEADMINISTRATIVE TOOLS USED IN BENEFICIAL USE DECISIONSLIST(S) OF EXEMPTEDMATERIALS OR PREAPPROVEDUSE FOR WASTESRULE ORSTATUTEDIRECTSTHAT NOFORMALAPPROVALSARE NEEDEDLETTERS SIMPLYACKNOWLEDGINGBENEFICIAL USE OFA MATERIAL BUTNOT AN APPROVALSPECIALCONSIDERATIONWHEN MATERIALUSED AS ASUBSTITUTE FORANOTHER RAWMATERIALLETTERSGRANTINGAPPROVALPERMITSOTHERSWAXX1998 amendment instatute specifiedthat that themandated formalapplication processdid not affect thestatus of anypreviousdeterminations byEcology thatoccurred as a resultof informaldecisions.WVXXXXWI X X X XWY X XNOTES:MD: For some materials, like sewage sludge, natural wood waste or scrap tires.NC: *Coal Combustion Byproducts; Beneficial Fill** Recovered MaterialsPA: Some coal ash uses are pre-approved by regulations.

# ASTSWMO 2006 Beneficial Use Survey Report November 2007

C - 36 

# 10b. If the material is used in a manner that meets State/Territorial requirements for beneficial use, is

it exempt from further solid waste regulation (incl uding permitting)?

STATE EXEMPT FROM FURTHER SOLID WASTE REGULATION

YES NO

CT X

FL X

HI X

ID X

IL X

IN X

IA X

KS X

KY X

ME X

MD X*

MA X*

MI X

MN X

MS X*

MO X

MT X

NH X

NJ X

NY X

NC X* X**

ND X

OH X

OK X

PA X

RI X

SD X

TN X

TX X

VA X*

WA X*

WV X

WI X

WY X

NOTES:

MD: Usually yes but some materials require permits -- for example, application of Class B sludge as fe rtilizer

requires a permit -- and the commercial manufacturi ng of wood mulch from natural wood waste generally

requires a natural wood waste recycling permit (alt hough the use of the mulch does not). Also, the

‘beneficial use’ of any material as a soil amendmen t (e.g., cement kiln dust as a liming agent) requir es the

approval of the material by the Maryland Department of Agriculture; but again, the material is approve d,

not the site of use. For most materials, however, if it qualifies as a recyclable, then it is not a w aste and is

regulated like any other product.

# ASTSWMO 2006 Beneficial Use Survey Report November 2007

C - 37 MA: The waste may not need further permitting but t here may be other solid waste regulations that appl y, for

example, if the BUD material requires some type of processing prior to use there may be a need for a

modification to the facility’s operation permit.

MS: Unless mismanaged.

NC: * Recovered Materials; Beneficial Fill

** Coal Combustion By-products

VA: The material is exempt if it is managed so that it does not create an open dump, hazard, or public

nuisance.

WA: Provided the nature of the material does not ch ange, the exemption holder continues to manage the

material consistently with terms and conditions of the approval, and assuming no new information

becomes available that would cause Ecology to chang e its position on the approval.ASTSWMO 2006 Beneficial Use Survey Report November2007C - 3810c. If the material is used in a manner that meetsState/Territorial requirements for beneficial use,does it cease to be a solid waste?Yes; NoIf Yes, at what specific pointSTATECEASE TO BE A SOLID WASTEYESNOIF YES, AT WHAT SPECIFIC POINTCTX*X** Potentially, Connecticut may exempt materials once it’s proven they can be successfully reused.FLXAt the point the material is used as approved or processed as approved prior to use.HIXThe material would cease to be a solid waste when it no longer has a physical, chemical, or biologicalcharacteristic of concern, serves a beneficial purpose (i.e., after it meets permit requirements forreuse or after a new permit-approved, product has been manufactured), or can be considered inert fill.ID XILXIt is no longer a waste when shipped to the user.IN----The status as a solid waste (or rather, the application of solid waste regulations) is dependent on the management practices. The Indianastatutes for use of coal ash and steel slag state that use is not subject to the provisions of the rules passed by the solid waste board.That is not the equivalent of stating they are nota solid waste. If they are used in a sham use, such as “structural fill” without anystructure needing support, IDEM would require a clean-up of the site or other acceptable mitigation.The other regulatory provisions foruse do not exempt a waste from further regulation.It should also be noted that a release to the environment is considered disposal andmay be regulated. So, in the case, for example, steel slag is used in a fill project where constituents are released to surface water, IDEMwould regulate that release and would require clean-up or other acceptable mitigation.IAXSolid by-products determined by the Department notto be a solid waste through a beneficial use determination may not be subject to allsanitary disposal project (SDP) permitting requirements. Furthermore, the purpose of this rule is to encourage the utilization of solid byproducts as resources when such utilization improves, or at a minimum does not adversely affect, humanhealth and the environment.The issuance of a beneficial use determination by the department relieves the generator and user(s) ofall Iowa solid waste requirementsspecifically noted in the written determination.KS X --ASTSWMO 2006 Beneficial Use Survey Report November2007C - 39STATECEASE TO BE A SOLID WASTEYESNOIF YES, AT WHAT SPECIFIC POINTKYXWhen “... diverted or removed from the solid wastestream for sale, use, reuse, or recycling...” perthe definition of “Recovered Material” at KRS 224.01-010(20).ME XMDXIf a material that ‘would otherwise be a waste’ isbeing returned to the market place (not just piledup) in placeof a raw material or product, and the use is legitimate, then legally it is a recyclable, not a waste.As anexample, if I wish to recycle a soft drink can, I put it with my other recyclables, and the County collects it withmy other recyclables and sells or gives it to a recycler, and it is in fact recycled, then it was never a waste.However, if I throw it in the trash, but it goes toa processing facility and is pulled out to be recycled, then itwas solid waste for the time it was in the trash but becomes a recyclable again when it is pulled outandreturned to the market place.MAXThe material ceases to be a solid waste upon approval and only when used in accordance with theterms and conditions of the specific approval.MIXIt is not a solid waste at the point it is used incompliance with all the conditions put on the material.MNXAt the point of incorporation.MSXAt the point of use of the material or by-product.MO XMT XNHXAt the point where it meets the specifications in the Certification.NJXWhen approved.ASTSWMO 2006 Beneficial Use Survey Report November2007C - 40STATECEASE TO BE A SOLID WASTEYESNOIF YES, AT WHAT SPECIFIC POINTNYXBy default, the BUD attaches when the BUD materialis used – either as a component of amanufacturing process or as an effective substitutefor a raw material. The point of attachment canbe set at another point at the discretion of the Department.NCXAs soon as it is diverted from waste stream for anyuse.NDXIt is considered a product or material in use; however, if problems arise or if the material may laterbecome a waste, we may have someconditions requiring proper management.OH XOKXBeing used as an ingredient in an industrial process to make a product; used as an effectivesubstitute for commercial products; being returnedto the original process from which it is generated,without first being reclaimed; in the possession ofpersons who actually possess the equipmentnecessary to process the material to comply with one of the above conditions; and DEQ may make areuse determination on other proposals based upon an evaluation of the contemplated use of thematerial and potential effects on human health andthe environment.PAXOn a case-by-case basis as a condition of the General Permit. Usually at the point of use.RIXWhen it is meets the requirements for re-use (whenprocessing of the solid waste is required tomake it suitable for re-use and when sampling and testing verifies that it meets the acceptablecontamination limits for re-use) and additionally,when it is re-used in the approved manner.SD XTNXAt the point of use.TXXSee attached definitions in Appendix D.VAXWhen it is used in a manner prescribed by the regulations or approval is issued by the Department.ASTSWMO 2006 Beneficial Use Survey Report November2007C - 41STATECEASE TO BE A SOLID WASTEYESNOIF YES, AT WHAT SPECIFIC POINTWAXWVXWhen it becomes a product acceptable for beneficialuse.WI XWY XNOTE:RI: The answers below refer to details of our previous BUD program and may change somewhat, when the new BUD program becomes operable.ASTSWMO 2006 Beneficial Use Survey Report November2007C - 4211a. What elements below do you consider in your routine process for making a BUD? Check all that applyKey:A: benefit assessment (based on suitable physical,chemical oragronomic properties)B: institutional controls where materials are usedC: financial assurance or bonding for beneficial use projectsD: informal risk evaluationE: formal human health risk assessmentF: formal ecological risk assessmentG: testing chemical / physical characteristics of materialsH: specific numeric thresholds, standards or guidelinesI: special conditions that limit useJ: public notificationK: other elements (please specify)STATEELEMENTS USED IN ROUTINE BENEFICIAL USE DETERMINATION PROCESSABCDEFGHIJK (Other)CTXXXXXXXXXFL X X X X X X X X XHI X X X X X X XID XIL X X X X X XIN X X X X X X XIA X X X X X X XKS X X X XKY X X X XME X X X X X X X XMD* X X X X X X X XMAXXXXXXXXXNotification ofthe localboard ofhealth.MI X X X X XMN X X X X X X X XMS X X X XMO X X XMT X X X X X X XASTSWMO 2006 Beneficial Use Survey Report November2007C - 43STATEELEMENTS USED IN ROUTINE BENEFICIAL USE DETERMINATION PROCESSABCDEFGHIJK (Other)NHXXXXXCompatiblewith the StateSolid WastePlan andHierarchy.NJ X X X X X X XNY X X X X XNCX*X*X*NDXXXXXCoordination,review and/orapproval byotheragencies,public entities,local zoning,local healthunits, etc.OHXXXXSiting, amountof wasteinvolved.OK X X X X XPA X X X X X X X XRI X X X X XSD X X X XTN X X X X X XTXXXXXXLimit storagetime to 6months; if notASTSWMO 2006 Beneficial Use Survey Report November2007C - 44STATEELEMENTS USED IN ROUTINE BENEFICIAL USE DETERMINATION PROCESSABCDEFGHIJK (Other)reused, maybe declared awaste.VAXXXXXXKnown orreasonablyprobablemarket forintended use;proposed useof materialconstitutes areuse ratherthan disposal.WA X X X X X XWV*WIXXXXXXOur specificnumericalthresholds arebased onhuman healthriskassessment.WY X X X X X XNOTES:MD: It depends on the material and the use, but these are used, although which might vary from case tocase.NC: Coal Combustion Byproducts. Recovered Materials are not in our “routine process” but we have approved a few.RI: The answers below refer to details of our previous BUD program and may change somewhat, when the new BUD program becomes operable.WV: N/A

# ASTSWMO 2006 Beneficial Use Survey Report November 2007

C - 45 

# 11b. From the list above, which 3 items are the mos t important? (you may use the letters): most

important (#1); 2 nd 

# most important; 3 rd 

# most important

Key:

A: benefit assessment (based on suitable

physical, chemical or agronomic properties)

B: institutional controls where materials are

used

C: financial assurance or bonding for beneficial

use projects

D: informal risk evaluation

E: formal human health risk assessment F: formal ecological risk assessment

G: testing chemical / physical characteristics

of materials

H: specific numeric thresholds, standards or

guidelines

I: special conditions that limit use

J: public notification

K: other elements (please specify)

STATE 1 ST 

# MOST

IMPORTANT 2 ND 

# MOST

IMPORTANT 3 RD 

# MOST

IMPORTANT

CT F E G

FL G H I

HI G/H E/F Blank

ID -- -- --

IL* -- -- --

IN A I G

IA G A I

KS A G D

KY I D B

ME E G I

MD G D E

MA H E I

MI H A B

MN A G D and E

MS H A G

MO G A I

MT A G B

NH E F K

NJ G H A

NY A G H

NC I G H

ND D G H

OH D A --

OK E F G

PA G H A

RI* -- -- --

SD A G D

TN E I A

TX A G I

VA G H D

WA A* G* D

WV*

WI G H I

WY G H D

# ASTSWMO 2006 Beneficial Use Survey Report November 2007

C - 46 NOTES:

IL: We have not developed formal criteria, so we c annot specify at this time.

RI: All are equally important.

WA: 1 and 2 are ~ equally important.

WV: N/AASTSWMO 2006 Beneficial Use Survey Report November2007C - 4712. Please check any general restrictions or conditions your State/Territory places on beneficial usedecisions. Check all that applyKey:A: site locationB: set back distances from water supplies, surfacewatersor wetlandsC: depth to ground waterD: property or deed restrictionsE: post use soil samplingF: post use ground water samplingG: periodic follow-up testing or monitoring of productsH: quarterly or annual monitoring reportsI: reporting of quantities of wastes utilized at the end ofthe year or quarterJ: volume restrictionsK: fee restrictionsL: generator provides notice to users about how thematerial is to be usedSTATEGENERAL RESTRICTIONS OR CONDITIONS ON BENEFICIAL USE DECISIONSABCDEFGHIJKLOtherCTXXXXXXXXFL X X X X X X X X XHI X X X X X X X X X XID XIL X X X X XIN --* --* --* --* --* --* --* --* --* --* --* --*IA X X X X X XKS XKY X* X* X*ME X X X X* X* X* X X XMD* X X X X X X X X X X XMAXXXXXXXXXLimits onspecificcontaminants.MI X X X X X X XMN X X X XMS X X XMO X X X XMT X X X X X X XNH X X X XASTSWMO 2006 Beneficial Use Survey Report November2007C - 48STATEGENERAL RESTRICTIONS OR CONDITIONS ON BENEFICIAL USE DECISIONSABCDEFGHIJKLOtherNJXXXXXXXXXXNY X X X X X X XNC X X X X X X X XND X X X X X X XOH X X X X XOK X X XPA X X X X X X X X XRI XSD X X X X X X XTN* X X X X X X X XTX X X X X X XVA X X X X X X X XWA X X X X XWV X X X X X XWI X X X X X X X XWY X X X X XNOTES:IN: None of these are general restrictions but maybe used in case-by-case approvals.KY: Coal combustion ash, only.ME: “may” place these general restrictions or conditions on beneficial decisionsMD: It totally depends on what the material is, andall these are certainly not always required, but all these have been used in one case or another.RI: The answers below refer to details of our previous BUD program and may change somewhat, when the new BUD program becomes operable.TN: Restrictions implemented are case specific. Not all of the above conditions are used on every project.ASTSWMO 2006 Beneficial Use Survey Report November2007C - 4913a. What analytical tests do you require for making BUDs? Check all that applySTATEANALYTICAL TESTS REQUIREDTOTALMETALSANALYSISTOTALORGANICANALYSISTCLP(EPAMETHOD1311)SPLP(EPAMETHOD1312)NEUTRALWATER(ASTMD3987-06)LEACHINGTESTS FORMETALSLEACHINGTEST FORORGANICSOTHERSCTXXXXFLXXXXXXTotal and leaching pesticides, if applicable.HIXXXXTo be determined based on the type of waste.Examples of other analytical tests include pH,PCBs, pesticides/herbicides, dioxins/furans.ID -- -- -- -- -- -- -- --IL* -- -- -- -- -- -- -- --IN X X X X XIA X X X XKS X X X XKY X* X* X*MEXXMay also include: Tox (total organichalogens), dioxins, furans, target volatiles andsemi-volatiles, PCBs.MD*XXXTotal Petroleum Hyrocarbons for oilcontaminated soils, PCBs for shredder fluff,etc.MA X X X XMI X X X X XMN X X XMS X X MDEQ will allow other leaching tests outsideof TCLP where shown appropriate.ASTSWMO 2006 Beneficial Use Survey Report November2007C - 50STATEANALYTICAL TESTS REQUIREDTOTALMETALSANALYSISTOTALORGANICANALYSISTCLP(EPAMETHOD1311)SPLP(EPAMETHOD1312)NEUTRALWATER(ASTMD3987-06)LEACHINGTESTS FORMETALSLEACHINGTEST FORORGANICSOTHERSMOXXXXMT X X X XNH X* X* X*NJ X X X XNYXXHazardous waste determination: TCLP ifnecessary.Others as needed on case-by-case basis.NC X XNDXXXFor CCBs, we use the ASTM 3987 methodmodified to a 4:1 liquid to solid ratio.OH X X XOKXXXXAny other contaminant identified byknowledge of process.PA X X X X X X XRITypes of analyses will depend on the type ofsolid waste being processed for reuse.SD X X XTNXXXIt depends on the nature and origin of thematerials.TXCase specific. May use one or all of the testslisted. TCLP most common.ASTSWMO 2006 Beneficial Use Survey Report November2007C - 51STATEANALYTICAL TESTS REQUIREDTOTALMETALSANALYSISTOTALORGANICANALYSISTCLP(EPAMETHOD1311)SPLP(EPAMETHOD1312)NEUTRALWATER(ASTMD3987-06)LEACHINGTESTS FORMETALSLEACHINGTEST FORORGANICSOTHERSVAXXXXWAXX*Demonstration that the material is not a RCRAHazardous Waste or State-Only DangerousWaste. Demonstration that the material meetsthe standards for metals published in Statecommercial fertilizer regulations (for materialsapplied to the land), nutrient analysis, otherpollutant analysis dependant of the materialand proposed use.WV XWI X X X X XWY X X XNOTES:IL: We have not developed formal criteria, so we cannot specify at this time.KY: TCLP (EPA Method 1311) – for hazardousness only.SPLP (EPA Method 1312) – recommended for large structural fill sites, but not required by regulation.Neutral Waster (ASTM 39876) - recommended for largestructural fill sites, but not required by regulation.MD: It depends on what it is, but these are commonly requested.NH: Not in every case, but these are the most frequently used.RI: The answers below refer to details of our previous BUD program and may change somewhat, when the new BUD program becomes operable.WA: UsuallyASTSWMO 2006 Beneficial Use Survey Report November2007C - 5213b. What parameters do you require to be tested inthe BUD? Check all that applySTATEPARAMETERSPRIMARYDRINKINGWATERPARAMETERSSECONDARYDRINKINGWATERPARAMETERSVOCSSVOCSSPECIFIC METALS(indicate which metals)OTHERSCTXXXRCRA 8: As, Ba, Cd, Cr, Hg, Pb,Se, AgFLXXXX8 RCRA Metals, then othersdepending on the process orbyproduct material characteristics.Pesticides, if applicable.HIXXX*To be determined based on the typeof waste. Examples of other analyticaltests include pH, PCBs,pesticides/herbicides, dioxins/furans.ID -- -- -- -- -- --IL XINXXXXAny constituent determined to be ofinterest based on knowledge of thewaste and/or process generating thewaste.IAAs, Sb, Ba, Be, B, Cd, Cr, Cu, Pb,Mn, Hg, Mo, Ni, Se, Ag, Tl, V, ZnKSKS RSK Manual parameters.KYXASTSWMO 2006 Beneficial Use Survey Report November2007C - 53STATEPARAMETERSPRIMARYDRINKINGWATERPARAMETERSSECONDARYDRINKINGWATERPARAMETERSVOCSSVOCSSPECIFIC METALS(indicate which metals)OTHERSMEXXXXDepends: Arsenic, Barium,Cadmium, Chromium, LeadMercury, Selenium, Silver, Nickel,Zinc, maybe Copper,Molybdenium, Thallium, Vanadium,etc.Any of the above, based upon what isexpected to be found in that waste.MDX*X*X*X*Depends on what it is.It depends on what it is – e.g., for useof shredder fluff as daily cover, werequire at least one and sometimesrepeated full TCLP, plus TPH andPCBs on a routine basis, increasing infrequency of they get a spike.MAXXXXX*Asbestos; extensive list ofparameters.MIXXXXAluminum, Antimony, Arsenic,Barium, Beryllium, Boron,Cadmium, Chromium, Cobalt,Copper, Iron, Lead, Manganese,Mercury, Nickel, Selenium, Silver,Thallium, Vanadium, And ZincDepending on the material possiblyPCBs, dioxins/furansMNConstituents that are reasonablyexpected to be present.ASTSWMO 2006 Beneficial Use Survey Report November2007C - 54STATEPARAMETERSPRIMARYDRINKINGWATERPARAMETERSSECONDARYDRINKINGWATERPARAMETERSVOCSSVOCSSPECIFIC METALS(indicate which metals)OTHERSMSRCRA Metals for all, and also 503Metals for soil amendments uses.State can require additionalparameters to be tested on case-bycase basis.MOTCLP MetalsConstituents known to be found inthe material in question; can varysignificantly.MT X XNHX*X*X*X*RCRA MetalsNJXXTALTCL +30NYCan be same as 13a. on a case-bycase basis.NC X XASTSWMO 2006 Beneficial Use Survey Report November2007C - 55STATEPARAMETERSPRIMARYDRINKINGWATERPARAMETERSSECONDARYDRINKINGWATERPARAMETERSVOCSSVOCSSPECIFIC METALS(indicate which metals)OTHERSNDXXXX(10) Antimony(11) Beryllium(12) Cobalt(13) Copper(14) Nickel(15) Thallium(16) Vanadium(17) ZincFor Fly As waste analysis,naturally occurring radionuclides:(1) Gross Alpha ParticleRadioactivity (pCi/1)(2) Radium 226 and 228 (pCi/1)(3) UraniumSurface water quality standardsOHArsenic, Barium, Cadmium, Zinc,Chromium, Lead, Mercury,Selenium, Aluminum, Copper, Iron,Manganese, Vanadium. [Someapply only for land application foragronomic benefit].Acidity, Alkalinity, Chlorides, Cyanide,Fluoride,pH, Phenol, SpecificConductance, Sulfates, TDSPAXXXXTypically, Al, As, Ba, Be, Bo, Cd,Cr, Cu, Fe, Hg, Mo, Ni, Se, Th, ZnOK*RIParameter list will depend on the typeof solid waste being proposed forreuse.ASTSWMO 2006 Beneficial Use Survey Report November2007C - 56STATEPARAMETERSPRIMARYDRINKINGWATERPARAMETERSSECONDARYDRINKINGWATERPARAMETERSVOCSSVOCSSPECIFIC METALS(indicate which metals)OTHERSSDDetermined on a case-by-case basisdepending upon the wastecharacteristics.TNXXXXTCLP, Zn, Al, Fe, etc.Varies, dependent on the source ofmaterials.TXCase specific. May use one or all ofthe tests listed. Must be nonhazardous.VATCLP and total metals for thosemetals in TCLP.WAXAs, Cd, Co, Hg, Mo, Ni, Pb, Se, ZnTypically determined after initialdiscussion with applicant.WV XWIXXXXPAH’sWYXXXXThe waste involved determines theconstituents analyzed.ASTSWMO 2006 Beneficial Use Survey Report November2007C - 57NOTES:HI: No specific metals noted.MD: It depends on what it is, but these are commonly requested.MA: It is dependent upon the BUD material.NH: Case-by-case use. Usually on soils and othersolids.OK: The analytical determination is always made depending on a knowledge of the process and what contaminants are known to exist; it is a waste ofmoney to test for something you know is not present. If metals are possible in the waste, test for total metals and TCLP if warranted; etc.RI: The answers below refer to details of our previous BUD program and may change somewhat, when the new BUD program becomes operable.ASTSWMO 2006 Beneficial Use Survey Report November2007C - 5814a. What is the acceptable risk level for human and ecological receptors that comes closest to your State/Territory rules or policyapplied to BUDs? Check all that applyKey:A: no adverse risk acceptedB: case by case acceptable risk determinationC: 1 in 10,000 excess cancer risk (1X10-4)D: 1 in 100,000 excess cancer risk (1X10-5)E: 1 in 1,000,000 excess cancer risk (1X10-6)F: other human health risk level or range:G: ecological effects levels (circle those that apply: i.e.,No-Effects Levels, Low-Effects, Moderate-Effects Levels,LD50; Other:H: risk level is not used as an element of the decision orapproval process, however, we use the following:STATEACCEPTABLE RISK LEVEL FOR HUMAN AND ECOLOGICAL RECEPTORSABCDEFGHCTXFL X X*HI X X Hazard Index<1ID XIL* -- -- -- -- -- -- -- --IN XIA XKS XKY XME5 x 10-6and aHazard Indexof 1⁄2.MD XMA X XMI XMN XMS MDEQ has flexibilityto require riskbased assessmenton case-by-casebasis or as part of ademonstration effort.ASTSWMO 2006 Beneficial Use Survey Report November2007C - 59STATEACCEPTABLE RISK LEVEL FOR HUMAN AND ECOLOGICAL RECEPTORSABCDEFGHMO*MT XNH X*NJ X X XNYComparison ofanalytical resultswith backgroundlevels and otherenvironmental andhealth basedstandards.NCMust be > drinkingwater standard.NDXLow EffectsOHNumeric threshold(multiple of DWS),agronomic benefit.OK XPA X XRINo formal riskassessment methodrequired; howeverthe proposed re-useshall not adverselyimpact humanhealth or the State’sgroundwater,surface water, air orASTSWMO 2006 Beneficial Use Survey Report November2007C - 60STATEACCEPTABLE RISK LEVEL FOR HUMAN AND ECOLOGICAL RECEPTORSABCDEFGHother applicableenvironmentalresources.SD XTN XTX XVA XWARegulatorylanguage states thatan exemption holdermust “Conduct thebeneficial use in amanner that doesnot present a threatto human health orthe environment”.This is evaluated ona case-by-casebasis.WV XWI X XWY X X*NOTES:FL: Threshold Effects Level and Probable EffectsLevel.IL: We have not developed formal criteria, so we cannot specify at this time.MO: None used at this time.NH: Not greater than non-waste-derived product.RI: The answers below refer to details of our previous BUD program and may change somewhat, when thenew BUD program becomes operable.WY: No Effects Levels.

# ASTSWMO 2006 Beneficial Use Survey Report November 2007

C - 61 

# 14b. Is risk based evaluation used consistently for all BUDs?

STATE RISK-BASED EVALUATION USED CONSISTENTLY

YES NO NOT USED

CT X

FL X

HI X

ID X

IL* -- -- --

IN X

IA X

KS X

KY X

ME X*

MD X

MA X

MI X

MN X

MS X

MO X

MT X

NH X*

NJ X

NY X

NC X

ND X

OH X

OK X

PA X

RI X

SD X

TN X

TX X

VA X

WA X

WV X

WI X

WY X

NOTES:

IL: We have not developed formal criteria, so we c annot specify at this time.

ME: Used consistently , which may mean no formal risk assessment for low risk material.

NH: By rule the risk of a BUD must no greater tha n the use of a non-waste-derived product.

RI: The answers below refer to details of our previ ous BUD program and may change somewhat, when the

new BUD program becomes operable.ASTSWMO 2006 Beneficial Use Survey Report November2007C - 6215. How does your State/Territory address “toxics along for the ride” in a BUD material? (indicate methods used to deal with theundesirable constituents present, also, see Q&A inAttachment I for explanation)STATEHOW “TOXICS ALONG FOR THE RIDE” ADDRESSEDLINKINGBENEFICIAL USEDECISIONS TOTOXICITYBENCHMARKSSPECIFICSTANDARDS THATLIMITCONCENTRATIONSCASE-BY-CASEEVALUATION OF RISK(RISK FOR EACHCONTAMINANT /CUMULATIVE FOR ALLCONTAMINANTS)CLEANUP RULES ORA RISK EVALUATIONPROCESS AREADEQUATE TOADDRESS THISCONCERNOTHER (PLEASE SPECIFY):CTXFL X XHI X X XID XIL XIN X X X XIA XKS XKY XMEDon’t know what this means. Maineconsiders all chemical, physical constituentsanticipated to be associated with the wastein question.MD X X XMAXXUpper Concentration Limits (UCL)MI X XMN X X XMS X XMO*MT X XASTSWMO 2006 Beneficial Use Survey Report November2007C - 63STATEHOW “TOXICS ALONG FOR THE RIDE” ADDRESSEDLINKINGBENEFICIAL USEDECISIONS TOTOXICITYBENCHMARKSSPECIFICSTANDARDS THATLIMITCONCENTRATIONSCASE-BY-CASEEVALUATION OF RISK(RISK FOR EACHCONTAMINANT /CUMULATIVE FOR ALLCONTAMINANTS)CLEANUP RULES ORA RISK EVALUATIONPROCESS AREADEQUATE TOADDRESS THISCONCERNOTHER (PLEASE SPECIFY):NHXBy rule, if the BUD meets a national ormarket standard or specification it is a BUDby rule regardless of toxic content.NJ X X X XNYXComparison of waste material constituentswith those found in raw material.NC XND X XOH XOK XPA XRI X XSD XTN * *TX X XVA XWASome standards apply such as dangerouswaste and commercial fertilizer limits.Generally however, the onus is on theapplicant to demonstrate that use of thematerial in the manner proposed “...does notpresent a threat to human health or theenvironment”. This demonstration mustconsider any tag-along pollutants such aspesticides, dioxin/furan TEQs, etc.ASTSWMO 2006 Beneficial Use Survey Report November2007C - 64STATEHOW “TOXICS ALONG FOR THE RIDE” ADDRESSEDLINKINGBENEFICIAL USEDECISIONS TOTOXICITYBENCHMARKSSPECIFICSTANDARDS THATLIMITCONCENTRATIONSCASE-BY-CASEEVALUATION OF RISK(RISK FOR EACHCONTAMINANT /CUMULATIVE FOR ALLCONTAMINANTS)CLEANUP RULES ORA RISK EVALUATIONPROCESS AREADEQUATE TOADDRESS THISCONCERNOTHER (PLEASE SPECIFY):WV*WI X XWY XNOTES:MO: Have not specifically addressed; requests to date have not shown this to be an issue (so far).RI: The answers below refer to details of our previous BUD program and may change somewhat, when the new BUD program becomes operable.TN: Eitherspecific standards that limit concentrations orcase-by-case evaluation of risk (risk for each contaminant / cumulative for all contaminants).WV: N/A – don’t have authority to address.ASTSWMO 2006 Beneficial Use Survey Report November2007C - 6516. How does your State/Territory address the potential for “sham recycling” as opposed to legitimatebeneficial use?STATEHOW POTENTIAL FOR “SHAM RECYCLING” ADDRESSEDSTOCKPILETIME ORVOLUMELIMITATIONSMINIMALLYIDENTIFY ORFULLYDOCUMENTENDMARKETSMANDATORYTURNOVER OFA CERTAINVOLUME OFBUDMATERIALINTO APROCESSPERFORMANCECRITERIA ORTECHNICALSPECIFICATIONSCOMPARISONAGAINST ANANALOGOUSRAWMATERIALEVALUATIONOF THE ROLEOR PURPOSEOF THE BUDMATERIAL IN AGIVENAPPLICATIONPROVIDEMARKETINFORMATIONOTHERS(EXPLAIN)CTXXXQuarterlyreports.FL X X XHI X X X X X XID X XIL X X X X XIN X X X X XIA X X XKS X XKYFor permitby-rules, werespond tosite-specificcomplaints.ME X X X X X XMD X X X X X XMA X X X X X X XMI X X X X X XMN X XMS X X X X XMO -- -- -- -- -- -- -- --MT X X X XNH X X X XASTSWMO 2006 Beneficial Use Survey Report November2007C - 66STATEHOW POTENTIAL FOR “SHAM RECYCLING” ADDRESSEDSTOCKPILETIME ORVOLUMELIMITATIONSMINIMALLYIDENTIFY ORFULLYDOCUMENTENDMARKETSMANDATORYTURNOVER OFA CERTAINVOLUME OFBUDMATERIALINTO APROCESSPERFORMANCECRITERIA ORTECHNICALSPECIFICATIONSCOMPARISONAGAINST ANANALOGOUSRAWMATERIALEVALUATIONOF THE ROLEOR PURPOSEOF THE BUDMATERIAL IN AGIVENAPPLICATIONPROVIDEMARKETINFORMATIONOTHERS(EXPLAIN)NJXXXXXXNY X X X X X X XNC XND X X X X X XOH -- -- -- -- -- -- -- --OK XPA X X X X X XRI X X XSD X X XTN X X XTX X X XVA X X X X X X XWA X XWV*WIXXXXXCheck withother States.WY X X X X X XNOTE:RI: The answers below refer to details of our previous BUD program and may change somewhat, when the new BUD program becomes operable.WV: N/A – don’t have authority to address.

# ASTSWMO 2006 Beneficial Use Survey Report November 2007

C - 67 

# 17a. Are generators required to report on or evalua te if their material is being used in accordance

with the BUD? If Yes, are these reports or evaluations submitted to the State/Territory?

STATE GENERATOR

REPORT/EVALUATION IF YES, ARE THE

REPORTS/EVALUATIONS

SUBMITTED TO STATE

YES NO YES NO

CT X X

FL X* X*

HI X X

ID X

IL X

IN X

IA X

KS X

KY X

ME X X

MD * * * *

MA X X

MI X X

MN X X

MS X X

MO X

MT X

NH X* X

NJ X X

NY X X

NC X

ND X X

OH X X

OK X

PA X X

RI X

SD X

TN X X

TX X

VA X

WA X X

WV X

WI X X

WY X

NOTES:

FL: Generator Report/Evaluation: Yes, unless it is a preapproved use.

Reports/Evaluations Submitted to State: Depends on the material; for some materials, the reports need

to be available during inspections or at the reques t of the Department.

MD: It depends on the individual case.

NH: Case-by-case.

RI: The answers below refer to details of our previ ous BUD program and may change somewhat, when the

new BUD program becomes operable.

# ASTSWMO 2006 Beneficial Use Survey Report November 2007

C - 68 

# 17b. Does your State/Territory occasionally require groundwater or other environmental monitoring

at beneficial use sites to ensure protection of hum an health and the environment?

STATE GROUNDWATER/OTHER ENVIRONMENTAL MONITORING

AT BENEFICIAL USE SITES

YES NO

CT X

FL X*

HI X

ID X

IL X

IN X

IA X

KS X

KY X

ME X

MD X

MA X

MI X

MN X

MS X

MO X

MT X*

NH X

NJ X

NY X

NC X

ND X

OH X

OK X

PA X

RI X

SD X

TN X

TX X

VA X

WA X

WV X

WI X*

WY X

NOTES:

FL: Depends on the material and the proposed reuse.

MT: Should in certain cases.

RI: The answers below refer to details of our prev ious BUD program and may change somewhat, when the

new BUD program becomes operable.

WI: In some transportation projects.ASTSWMO 2006 Beneficial Use Survey Report November2007C - 6917c. What type(s) of compliance issues has your State/Territory experienced with use of BUD? Check all that applySTATECOMPLIANCE ISSUESADVERSEIMPACT TOSURFACE ORGROUNDWATERQUALITYADVERSEIMPACTTO AIRQUALITYMIS-USE OFWASTE FORSOMETHINGOTHER THANAPPROVEDUSEWASTE/PRODUCTACCUMULATEDSPECULATIVELYCONDITIONS ORREQUIREMENTSOF BUD NOT METOTHER (EXPLAIN)CTToo new.FL X XHI XID XIL -- -- -- -- -- --IN X X X X XIA X X XKS XKY X XMEXPoorstorage/stockpilingMD X X X X XMAXXXX“Product Creep” whichis when thespecifications of theproduct used no longermatch thespecifications of theproduct asidentified/described inthe BUD application.MI X X X X XASTSWMO 2006 Beneficial Use Survey Report November2007C - 70STATECOMPLIANCE ISSUESADVERSEIMPACT TOSURFACE ORGROUNDWATERQUALITYADVERSEIMPACTTO AIRQUALITYMIS-USE OFWASTE FORSOMETHINGOTHER THANAPPROVEDUSEWASTE/PRODUCTACCUMULATEDSPECULATIVELYCONDITIONS ORREQUIREMENTSOF BUD NOT METOTHER (EXPLAIN)MNNot using material inaccordance withconditions of BUD.MS XMO X* X XMT XNHBan on C&D fines forlandfill daily cover dueto sulphur contributionto H2S and odorproblems.NJ -- -- -- -- -- --NY X X XNC X X X X XND X X X XOH X XOK X XPA X X X X XRI XSD XTN XTX X X XVA X X X XWANone have beenidentified and nocomplaints received.ASTSWMO 2006 Beneficial Use Survey Report November2007C - 71STATECOMPLIANCE ISSUESADVERSEIMPACT TOSURFACE ORGROUNDWATERQUALITYADVERSEIMPACTTO AIRQUALITYMIS-USE OFWASTE FORSOMETHINGOTHER THANAPPROVEDUSEWASTE/PRODUCTACCUMULATEDSPECULATIVELYCONDITIONS ORREQUIREMENTSOF BUD NOT METOTHER (EXPLAIN)WV*WI XWY X X XNOTES:MO: Adverse impact to surface water quality.RI: The answers below refer to details of our previous BUD program and may change somewhat, when the new BUD program becomes operable.WV: N/AASTSWMO 2006 Beneficial Use Survey Report November2007C - 7217d. Does your State/Territory have an inspection/enforcement process which is used to maintain compliance with BUD? If Yes, pleaseexplainSTATEYESNOIF YES, PLEASE EXPLAININSPECTION/ENFORCEMENT PROCESSIF NO, DOES YOUR STATE/TERRITORY:RESPOND TOCOMPLAINTS/NOTIFICATIONSOR WHEN MADE AWARE OFIMPROPER USENO FURTHER ACTIONS TAKEN AFTERAPPROVALS GIVENCTX*----FLXXSometimes. It depends on the material and theproposed reuse. For example, if generated aspart of a Remedial Action Plan to ensure theycomply with the RAP.XHIXFacility is subject to compliance with solidwaste permits.ID XIL XXIN XXIAXRespond to complaints/notifications or whenmade aware of improper use. Inspectorsinspect trouble sites annually.KS XXKYXUsually a citizen complains, our field staffinvestigates, and a NOV issued, if warranted,and the case referred to enforcement.XMEXNo different than for any other solid wasteactivity.ASTSWMO 2006 Beneficial Use Survey Report November2007C - 73STATEYESNOIF YES, PLEASE EXPLAININSPECTION/ENFORCEMENT PROCESSIF NO, DOES YOUR STATE/TERRITORY:RESPOND TOCOMPLAINTS/NOTIFICATIONSOR WHEN MADE AWARE OFIMPROPER USENO FURTHER ACTIONS TAKEN AFTERAPPROVALS GIVENMDXSome materials such as sewagesludge and scrap tires are subjectto a rigorous inspection regime.With others, such as natural woodwaste, the generators are regulatedbut not the end users, unless thematerials are misused and it causescomplaints. Other materials areeffectively de-regulated, and arejust treated like any other product –they only become regulated if theyare misused, a complaint isgenerated, and investigation findsevidence of a nuisance or pollution.XMAXIt is not any different than otherinspections.XMI XXMN----Solid Waste Program compliance andenforcement staff conduct inspections.MS XXMO XXMT XXNHXPermit-related BUDs only.NJXInspections of BUD use sites.NY XXASTSWMO 2006 Beneficial Use Survey Report November2007C - 74STATEYESNOIF YES, PLEASE EXPLAININSPECTION/ENFORCEMENT PROCESSIF NO, DOES YOUR STATE/TERRITORY:RESPOND TOCOMPLAINTS/NOTIFICATIONSOR WHEN MADE AWARE OFIMPROPER USENO FURTHER ACTIONS TAKEN AFTERAPPROVALS GIVENNCXCoal combustion byproduct beneficial usesites are inspected by staff periodically; “asbuilt” must match construction plans; landapplication sites are inspected with soil testing.NDXSolid waste staff evaluate beneficial useapplications as deemed necessary.XOH XXOK XXPAXOne inspection per year or more, if neededbased on complaints or non-compliance.RIXPeriodic unannounced inspections of the sitewhere BUD approved solid waste is beingprocessed into a reusable product.SDXInspections to evaluate approved beneficialuses.TNXRoutine site visit and records review.ASTSWMO 2006 Beneficial Use Survey Report November2007C - 75STATEYESNOIF YES, PLEASE EXPLAININSPECTION/ENFORCEMENT PROCESSIF NO, DOES YOUR STATE/TERRITORY:RESPOND TOCOMPLAINTS/NOTIFICATIONSOR WHEN MADE AWARE OFIMPROPER USENO FURTHER ACTIONS TAKEN AFTERAPPROVALS GIVENTXXFacilities inspected by regional fieldoffices. For facilities requiringagency notification, approval withheld until field office inspectssite and reviews compliance history.VA XXWAXA condition of approval for anyBUD, Ecology staff or local healthdepartment staff have areauthorized to conduct inspectionsat sites where waste is used.XWVXWest Virginia Department ofEnvironmental ProtectionInspectorsWI----Generators and contractors arerequired to comply with the NR 538code and case-by-case permits.Projects are inspected randomly.The Department has a formalenforcement procedure for allenvironmental violations.XWYXBeneficial use sites may beinspected, especially if a complaintis received.XASTSWMO 2006 Beneficial Use Survey Report November2007C - 76NOTES:CT: Possibly in future.NH: Permit-related BUDs only.RI: The answers below refer to details of our previous BUD program and may change somewhat, when the new BUD program becomes operable.ASTSWMO 2006 Beneficial Use Survey Report November2007C - 7718a. How many BUDs has your State/Territory revokedduring the life of your program?18b. What is the most common reason for revocation?STATE# OF BUDS REVOKEDMOST COMMON REASON FOR REVOCATIONCT0FL 0HIUnable to provide a definitive number,as multiple uses may be tied to a specificpermit or approval letter, and we have nottracked this information.1. Nuisance and vector control considerations.2. Inability to obtain a solid waste permit for beneficial use operations.ID -- --IL 0IN 0IA1Not following the special provisions put in the Beneficial Use Determination.KS2Excessive application rate.KY“?”Using more material than necessary: for example, construction of a 50 foot-wide road base for asubdivision.ME 0MDPerhaps 2-5?*Using the material in an inappropriate location orfor an inappropriate use.MA 0MI 0MN 0MS 0MO2Failure to follow through with actual reuse, resulting in piles of material -- addressed as illegal dumping.MT UnknownASTSWMO 2006 Beneficial Use Survey Report November2007C - 78STATE# OF BUDS REVOKEDMOST COMMON REASON FOR REVOCATIONNH0NJSeveralExceedances of criteria.NY7Failure to comply with BUD conditions; improper storage; air permit revoked; accepting material fromunapproved facilities; falsifying records; unauthorized use of material.NC5Not building according to plan.ND 0OH*Failure to follow conditions of approval.PA6Non-compliance or by request of permittee.RI1Revocation due to change in State law, whereby existing BUD processing facility was not sited in anappropriate city/town per terms of the revised State law.SD None knownTN1Misuse of material for something other than approved use.TX5?*Improper re-use, speculative accumulation without re-use. Material fails testing criteria.VA 0WA 0WV N/AWI2Didn’t meet beneficial use code or conditions of the permit.WYUnknownBeneficial use conditions not met.ASTSWMO 2006 Beneficial Use Survey Report November2007C - 79NOTES:MD: But we have taken action to correct misuse andits side-effects more frequently. We do not closely track this.OH: 2 in the scrap tire program; don’t know how many from the Division of Surface Water.RI: The answers below refer to details of our previous BUD program and may change somewhat, when the new BUD program becomes operable.TX: Within last year.

# ASTSWMO 2006 Beneficial Use Survey Report November 2007

C - 80 

# 19a. Do you charge a fee for reviewing a beneficial use request / application?

19b. If Yes, what is the fee? $________ flat fee; _ ____prorated fee based on

volume -- range $_______ to $_______; ________ oth er fee criteria?:_______

_

STATE FEE IF YES, WHAT IS THE FEE

Yes No Flat Fee Prorated fee

based on

volume;

range: $ - $ Other fee criteria

CT X $500 to $5,000

FL X

HI X $50

ID X

IL X

IN X

IA X

KS X

KY X

ME X Activity/application type

and complexity. $240-

$2,238.

MD X

MA X MassDEP’s BUD

program has 4

categories of BUD

applications, each with

a specific fee amount:

Category 1: $2000;

Category 2: $2000;

Category 3: $3750;

Category 4: individual

rule

MI X

MN X

MS X

MO X

MT X

NH X

# ASTSWMO 2006 Beneficial Use Survey Report November 2007

C - 81 STATE FEE IF YES, WHAT IS THE FEE

Yes No Flat Fee Prorated fee

based on

volume;

range: $ - $ Other fee criteria

NJ X Beneficial Use Review

i. In-State (no sampling

results) $534.00

ii. In-State (sampling

results) $962.00

iii. Out-of-State (no

sampling results)

$321.00

iv. Out-of-State

(sampling results)

$962.00

NY X

NC X

ND X

OH X

OK X

PA X $2,000 DOAs: $500

Registrations: $250

RI X

SD X

TN X

TX X

VA X

WA X

WV X

WI X $550*

WY X

NOTES:

RI: The answers below refer to details of our previ ous BUD program and may change somewhat, when the

new BUD program becomes operable.

WI: If used under NR 538 administrative code no fee is charged. The uses under the beneficial use code are

self-implementing.ASTSWMO 2006 Beneficial Use Survey Report November2007C - 8220a. Are there other State/Territorial agencies involved in BUD approvals? Check all that applySTATESTATE/TERRITORIAL AGENCIES INVOLVED IN BUD APPROVALSAGRICULTUREHEALTHCOMMERCENATURALRESOURCESTATE/TERRITORYDOTOTHER(S)(please specify)CTXXXFLXXXAs appropriate depending on the proposed reusescenario.HIToxicologists in Hazard Evaluation and EmergencyResponse OfficeID -- -- -- -- -- --IL -- -- -- -- -- --IN X X X XIA X X X XKS -- -- -- -- -- --KY -- -- -- -- -- --ME -- -- -- -- -- --MD XMAMassDEP may consult with others as necessary,particularly food and agriculture.MI X XMN X XMSX*X*U.S. Office of Surface Mining and MS Office of Geologyfor uses in a mine.MO -- -- -- -- -- --MT -- -- -- -- -- --NH X* X* X*NJ -- -- -- -- -- --NY X X X XASTSWMO 2006 Beneficial Use Survey Report November2007C - 83STATESTATE/TERRITORIAL AGENCIES INVOLVED IN BUD APPROVALSAGRICULTUREHEALTHCOMMERCENATURALRESOURCESTATE/TERRITORYDOTOTHER(S)(please specify)NCXXXLand Quality and Water QualityNDXXDivision of Water Quality; Division of AirQuality; and local planning, zoning andbuilding officials.OH------------OK XPA X XRI * * * * *SD XTN -- -- -- -- -- --TX -- -- -- -- -- --VA X XWALocal Jurisdictional Health Departments (JHDs) aregiven a 45 day comment opportunity as part of the BUDpublic review process. It may be helpful to clarifytherelationship of JHDs to solid waste management inWashington. Statute delegates direct permitting,oversight and enforcement to JHDs. Ecology providesminimum standard for solid waste handling activities inState rule. These must be adopted locally. BecauseaBUD is a Statewide exemption and potentially affectsactivities that would otherwise be permitted by a JHD,the statute ensured protection of the ability of the JHDsto be involved with the review process for a proposedBUD.WVThese agencies may have jurisdiction,however, we have no knowledge as to whatpart they play.ASTSWMO 2006 Beneficial Use Survey Report November2007C - 84STATESTATE/TERRITORIAL AGENCIES INVOLVED IN BUD APPROVALSAGRICULTUREHEALTHCOMMERCENATURALRESOURCESTATE/TERRITORYDOTOTHER(S)(please specify)WI*------------WY -- -- -- -- -- --NOTES:MS: Agriculture: For Soil Amendment UsesState/Territory DOT: For Highway Construction UsesNH: Agriculture: Wood AshHealth: Risk AssessmentsState/Territory DOT: Advisory Committee with DOT. The University of New Hampshire has a federal centerfor waste in transportationconstruction.RI: No other State/Territorial agencies are involved in BUD approvals.The answers below refer to details of our previousBUD program and may change somewhat, when the new BUD program becomes operable.WI: Wisconsin-DNR is the authority.

# ASTSWMO 2006 Beneficial Use Survey Report November 2007

C - 85 

# 20b. Are individual BUD approval / permits issued b y different program areas within

your agency? If Yes, how does your agency maintain consistency in BUD decisions?

STATE INDIVIDUAL BUD APPROVAL/PERMITS ISSUED BY DIFFERENT PROGRAM

AREAS WITHIN AGENCY

YES NO HOW CONSISTENCY IN BUD

DECISION-MAKING

MAINTAINED

CT X

FL X Interagency coordination.

HI X

ID -- -- --

IL X

IN X

IA X

KS X Communication between the

Bureau of Water and the Bureau

of Waste Management.

KY X

ME X

MD X Decisions are typically made

along program lines, e.g.,

decisions concerning oil

contaminated soil are made by

the Oil Control Program; sewage

sludge and many other materials

are under the Solid Waste

Program; these agencies

communicate when required, and

are all under the MDE command

structure. However, soil

amendments are typically

reviewed by the Maryland Dept.

of Agriculture, which has

regulations concerning soil

amendments.

MA X Within the Bureau of Waste

Prevention, BUDs may be issued

by one of four regional offices or

by the Boston office. BUD

applications are often discussed

during weekly conference calls

and monthly meetings with the

regional office staff to get

# ASTSWMO 2006 Beneficial Use Survey Report November 2007

C - 86 STATE INDIVIDUAL BUD APPROVAL/PERMITS ISSUED BY DIFFERENT PROGRAM

AREAS WITHIN AGENCY

YES NO HOW CONSISTENCY IN BUD

DECISION-MAKING

MAINTAINED

concurrence on decisions and

maintain consistency.

MI X

MN X Minnesota has a permit for the

land application of food and

beverage by-products, which

predates the beneficial use

program and is still used.

MS X

MO X

MT X

NH X

NJ X All use same basic criteria.

NY X

NC X

ND X

OH X Within scope of each division,

consistency is maintained through

central office oversight. For

projects which have need of

expertise in the other division

(e.g., land application of a solid

waste, or using a liquid waste in

an engineering application),

expertise is sought, thus

maintaining technical consistency.

OK X Each division implements its own

criteria; Water Quality may issue

permits instead of approval letters

for beneficial reuse of wastewater

treatment plant sludges, etc.

PA X Bureau of Water Quality issues

general permits for use of

biosolids, however, they use our

(i.e., Bureau of Waste

# ASTSWMO 2006 Beneficial Use Survey Report November 2007

C - 87 STATE INDIVIDUAL BUD APPROVAL/PERMITS ISSUED BY DIFFERENT PROGRAM

AREAS WITHIN AGENCY

YES NO HOW CONSISTENCY IN BUD

DECISION-MAKING

MAINTAINED

Management) regulatory

requirements.

RI X

SD X

TN X

TX X Consistency in adopted rules.

VA X

WA X

WV X

WI X Mostly approved by Waste and

Materials Management section for

high volume industrial wastes.

Recycling section and

Wastewater approve other

wastes.

WY X

NOTE:

RI: The answers below refer to details of our previ ous BUD program and may change somewhat,

when the new BUD program becomes operable.

# Appendix D

State Definitions and Supplemental InformationASTSWMO 2006 Beneficial Use Survey Report November2007D - 1STATE DEFINITIONS OF BENEFICIAL USEThe below table contains definitions of beneficialuse that the following States provided with their 2006 survey responses toQuestion 2: CT, FL, IA, KY, ME, MA, MN, MS, NJ, NY, NC, PA, RI, TX, VA, WA, WY(Note: Due to their length, the KY and NC definitions follow this table).STATEDEFINITIONCTBeneficial Use means using a solid waste in a manufacturing process to make a product or as an effective substitute for materials used in acommercial product.FLFlorida's definition of "industrial byproducts":Florida Statute:403.7045 Application of act and integration with other acts.—(1) The following wastes or activities shall not be regulated pursuant to this act:(f) Industrial byproducts, if:1. A majority of the industrial byproducts are demonstrated to be sold, used, or reused within 1 year.2. The industrial byproducts are not discharged, deposited, injected, dumped, spilled, leaked, or placed upon any land or water so thatsuch industrial byproducts, or any constituent thereof, may enter other lands or be emitted into the air or discharged into any waters,including groundwaters, or otherwise enter the environment such that a threat of contamination in excess of applicable departmentstandards and criteria is caused.3. The industrial byproducts are not hazardous wastes as defined under s. 403.703 and rules adopted under this section.Rule 62-701.220(2), Florida Administrative Code:(2) This chapter applies to all solid waste and each solid waste management facility in this state, with the following exceptions:(d) Industrial byproducts, if1. A majority of the industrial byproducts are demonstrated to be sold, used, or reused within one year;2. The industrial byproducts are not discharged, deposited, injected, dumped, spilled, leaked, or placed into or upon any land or waterso that such industrial byproducts or any constituent thereof may enter other lands or be emitted intothe air or discharged into anywaters, including ground water, or otherwise enterthe environment such that a threat of contaminationin excess of water qualitystandards and criteria or air quality standards iscaused; and3. The industrial byproducts are not hazardous wastes;ASTSWMO 2006 Beneficial Use Survey Report November2007D - 2STATEDEFINITIONIA“Beneficial use”means a specific utilization of a solid by-productas a resource, that constitutes reuse rather than disposal, does not adverselyaffect human health or the environment, and is approved by the department.“Beneficial use determination”means a written formal decision or rule issued by the department as approval for a solid by-product tobe utilizedin a specific manner as a beneficial use.ME“Beneficial use” means to use or reuse a solid waste or waste derived product:(1) As a raw material substitute in manufacturing,(2) As construction material or construction fill,(3) As fuel, or(4) In agronomic utilization.MABeneficial Use means the use of a material as an effective substitute for a commercial product or commodity.MNSubp. 2. Beneficial use standards. To constitutea beneficial use under this part, the following standards must be met:A. the solid waste must not be stored in anticipation of speculative future markets;B. the solid waste must be adequately characterized in accordance with part7035.2861;C. the solid waste must be an effective substitute for an analogous material or a necessary ingredient in a new product;D. the use of the solid waste does not adversely impact human health or the environment; andE. 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.MSSee Beneficial Use Regulations; web site for the regulations:http://www.deq.state.ms.us/MDEQ.nsf/pdf/SW_BeneficialUseRegulations/$File/Beneficial%20Use%20Regs%20Final.pdf?OpenElementASTSWMO 2006 Beneficial Use Survey Report November2007D - 3STATEDEFINITIONNJ"Beneficial use" means the use or reuse of a material, which would otherwise become solid waste, as landfill cover, aggregate substitute, fuelsubstitute or fill material or the use or reuse ina manufacturing process to make a product or as aneffective substitute for a commercialproduct. Beneficial use of a material shall not constitute recycling or disposal.NYDefinition of beneficial use:The department will determine in writing, on a case-by-case basis, whether the proposal constitutes abeneficial use based on a showing that allof the following criteria have been met:(i) the essential nature of the proposed use of thematerial constitutes a reuse rather than disposal;(ii) the proposal is consistent with the solid waste management policy contained in section 27-0106 ofthe ECL;(iii) the material under review must be intended tofunction or serve as an effective substitute for an analogous raw material or fuel. When usedas a fuel, the material must meet the requirementsof paragraph 360-3.1(c)(4) of this Part and the facility combusting the material must complywith 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 orotherwise specially handled or processed before such incorporation, in order to minimize loss of material or to provide adequate protection, asneeded, 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 thematerial under review or the product intowhich 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.PABeneficial use -Use or reuse of residual waste or residual materialderived from residual waste for commercial, industrial or governmentalpurposes, if the use does not harm or threaten public health, safety, welfare or the environment, or the use or reuse of processed municipalwaste for any purpose, if the use does not harm orthreaten public health, safety, welfare or the environment.ASTSWMO 2006 Beneficial Use Survey Report November2007D - 4STATEDEFINITIONRI“Beneficial reuse material” means a processed, nonhazardous, solid waste not already defined as recyclable material by this chapter and byregulations of the Rhode Island Department of Environmental Management that the Director has determined can be reused in anenvironmentally beneficial manner without creatingpotential threats to public health, safety, welfareor the environment or creating potentialnuisance conditions.“Beneficial use determination” (BUD) means the case-by-case process by which the Director evaluates aproposal to use a specific solidwaste as a beneficial reuse material for a specificpurpose at a specific location within the host municipality.TXDefinitions from State solid waste rules:(122) Recyclable material--A material that has beenrecovered or diverted from the nonhazardous wastestream for purposes of reuse, recycling,or reclamation, a substantial portion of which is consistently used in the manufacture of products that may otherwise be produced using raw orvirgin materials. Recyclable material is not solidwaste. However, recyclable material may become solid waste at such time, if any, as it isabandoned or disposed of rather than recycled, whereupon it will be solid waste with respect only to the party actually abandoning or disposingof the material.(4) Processed for recycling or processing for beneficial use--Material has been or is processed for recycling, or undergoes processing forbeneficial reuse, if it has been subjected to activities including extraction or separation of component materials (such as the separation ofcommingled recyclable materials), cleaning, grinding, or other preparation at a recycling facility tomake it amenable for subsequent recycling orbeneficial reuse.(8) Beneficial reuse--Any agricultural, horticultural, reclamation, or similar use of compost as a soil amendment, mulch, or component of amedium for plant growth, when used in accordance with generally accepted practice and where applicableis in compliance with the final productstandards established by this chapter. Simply offering a product for use does not constitute beneficial reuse. Beneficial reuse does not includeplacement in a disposal facility, use as daily cover in a disposal facility, or utilization for energyrecovery.(48) Recyclable material--For purposes of this chapter, a recyclable material is a material that has been recovered or diverted from the solidwaste stream for purposes of reuse, recycling, or reclamation, a substantial portion of which is consistently used in the manufacture ofproducts which may otherwise be produced from raw or virgin materials. Recyclable material is not solid waste unless the material isdeemed to be hazardous solid waste by the administrator of the United States Environmental ProtectionAgency, whereupon it shall beregulated accordingly unless it is otherwise exempted in whole or in part from regulation under the federal Solid Waste Disposal Act, asamended by the Resource Conservation and Recovery Protection Act. If, however, recyclable materials may become solid waste at suchtime, if any, as it is abandoned or disposed of rather than recycled, whereupon it will be solid wastewith respect only to the party actuallyabandoning or disposing of the material.ASTSWMO 2006 Beneficial Use Survey Report November2007D - 5STATEDEFINITIONVA"Beneficial use" means a use which is of benefit asa substitute for natural or commercial products and does not contribute to adverse effects onhealth or environment.WA"Beneficial use" means the use of solid waste as aningredient in a manufacturing process, or as an effective substitute for natural or commercialproducts, in a manner that does not pose a threat to human health or the environment. Avoidance of processing or disposal cost alone does notconstitute beneficial use. (Chapter 173-350-100, Washington Administrative Code)WYExemptions: The administrator may exempt the following from a permit or any requirement to obtain a waste management authorization underthese regulations, provided that persons engaged inactivities which are otherwise exempted may be required to supply information to theadministrator which demonstrates that the act, practice, or facility is exempt, and shall allow entryof department inspectors forpurposes of verification of such information:The reuse of wastes in a manner which is both beneficial and protective of human health and the environment, as approved by the administrator.

# ASTSWMO Beneficial Use Survey Report November 2007

D - 6 KENTUCKY

Beneficial Reuse Definitions

Solid Waste:

Law:

KRS 224.01-010 Definitions:

(31) "Waste" means:

(a) "Solid waste" means any garbage, refuse, sludge , and other discarded material,including solid, liq uid,

semi-solid, or contained gaseous material resulting from industrial, commercial, mining (excluding coa l

mining wastes, coal mining by-products, refuse, and overburden), agricultural operations, and from

community activities, but does not include those materials including , but not limited to, sand, soil,

rock, gravel, or bridge debris extracted as part of a public road construction project funded wholly o r in

part with state funds, recovered material , special wastes as designated by KRS 224.50-760, s olid or

dissolved material in domestic sewage, manure, crop s, crop residue, or a combination thereof which are

placed on the soil for return to the soil as fertil izers or soil conditioners, or solid or dissolved m aterial in

irrigation return flows or industrial discharges wh ich are point sources subject to permits under Sect ion

402 of the Federal Water Pollution Control Act, as amended (86 Stat. 880), or source, special nuclear, or

by-product material as defined by the Atomic Energy Act of 1954, as amended (68 Stat. 923):

1. "Household solid waste" means solid waste, inclu ding garbage and trash generated by single and

multiple family residences, hotels, motels, bunkhou ses, ranger stations, crew quarters, and recreation al

areas such as picnic areas, parks, and campgrounds;

2. "Commercial solid waste" means all types of soli d waste generated by stores, offices, restaurants,

warehouses, and other service and nonmanufacturing activities, excluding household and industrial soli d

waste;

3. "Industrial solid waste" means solid waste gener ated by manufacturing or industrial processes that is

not a hazardous waste or a special waste as designa ted by KRS 224.50-760, including, but not limited t o,

waste resulting from the following manufacturing pr ocesses: electric power generation; fertilizer or

agricultural chemicals; food and related products o r by-products; inorganic chemicals; iron and steel

manufacturing; leather and leather products; nonfer rous metals manufacturing/foundries;

organic chemicals; plastics and resins manufacturin g; pulp and paper industry; rubber and miscellaneou s

plastic products; stone, glass, clay, and concrete products; textile manufacturing; transportation

equipment; and water treatment; and

4. "Municipal solid waste" means household solid wa ste and commercial

solid waste;...

224.01-010 (Continued):

(20) "Recovered material" means those materials, in cluding but not limited to compost, which have know n

current use, reuse, or recycling potential, which c an be feasibly used, reused, or recycled, and which

have been diverted or removed from the solid waste stream for sale, use, reuse, or recycling, whether or

not requiring subsequent separation and processing, but does not include materials diverted or removed

for purposes of energy recovery or combustion excep t refuse-derived fuel (RDF), which shall be credite d

as a recovered material in an amount equal to that percentage of the municipal solid waste received on a

daily basis at the processing facility and processe d into RDF; but not to exceed fifteen percent (15%) of

the total amount of the municipal solid waste recei ved at the processing facility on a daily basis;

(21) "Recovered material processing facility" means a facility engaged solely in the

storage, processing, and resale or reuse of recover ed material, but does not mean a

solid waste management facility if solid waste gene rated by a recovered material

processing facility is managed pursuant to this cha pter and administrative

regulations adopted by the cabinet;

(22) "Recycling" means any process by which materia ls which would otherwise become

solid waste are collected, separated, or processed and reused or returned to use in

# ASTSWMO Beneficial Use Survey Report November 2007

D - 7 KENTUCKY (cont.)

the form of raw materials or products, including re fuse-derived fuel when processed

in accordance with administrative regulations estab lished by the cabinet, but does

not include the incineration or combustion of mater ials for the recovery of energy;

Regulations:

401 KAR 47:150. Special types of permits.

Section 1. Permit-by-rule. Notwithstanding any othe r provision of this chapter, the following Disposal of

certain solid wastes by a practice common to the in dustry shall be deemed to have a permit-by-rule

provided the operation is not in violation of the a pplicable environmental performance standards of 40 1 KAR

47:030, does not present a threat of imminent hazar d to human health or substantial environmental impa ct

and the following applicable conditions are met:

(11) Beneficial reuse of solid waste.

Special Waste:

Law:

224.50-760 Special wastes.

(1) (a) For purposes of this section and KRS 224.46 -580(7), special wastes are those

wastes of high volume and low hazard which include but are not limited to

mining wastes, utility wastes (fly ash, bottom ash, scrubber sludge), sludge

from water treatment facilities and wastewater trea tment facilities, cement kiln

dust, gas and oil drilling muds, and oil production brines. Other wastes may be

designated special wastes by the cabinet;

Regulations:

401 KAR 45:010. Definitions for 401 KAR Chapter 45.

Section 1. Definitions. (1) "Beneficial reuse" mean s the use or reuse of special wastes, other than so lids,

residues and precipitate separated from or created in sewage from humans, households, or commercial

establishments by the processes of a wastewater tre atment plant which are subject to the provisions of

401 KAR 45:100, in a manner that complies with the environmental performance standards of 401 KAR

30:031 and all other applicable requirements of 401 KAR Chapter 45.

401 KAR 45:060. Special waste permit-by-rule.

RELATES TO: KRS 224.01, 224.10, 224.40, 224.46, 224 .50, 224.99

STATUTORY AUTHORITY: KRS 224.10-100, 224.40-305, 22 4.50-760

NECESSITY, FUNCTION, AND CONFORMITY: KRS Chap ter 224 requires the cabinet to adopt

administrative regulations for the management, proc essing, and disposal of wastes. KRS 224.40-305

requires persons who establish, conduct, operate, m aintain or permit the use of a waste site or facili ty to

obtain a permit. This chapter establishes the permi tting standards for special waste sites or faciliti es, and the

standards applicable to all special waste sites or facilities. This administrative regulation sets for th the

requirements for a special waste permit-by-rule.

Section 1. Permit-by-rule. Notwithstanding an y other provision of this chapter, the following sp ecial

waste sites or facilities shall be deemed to have a permit without the owner or operator having made

application or registration with the cabinet, provi ded the operation is a practice common to the indus try, is

not in violation of 401 KAR 30:031, and does not pr esent a threat or potential threat to human health or the

environment:

# ASTSWMO Beneficial Use Survey Report November 2007

D - 8 KENTUCKY (cont.)

(7) Beneficial reuse of coal combustion by-pr oducts as an ingredient or substitute ingredient in the

manufacturing of products, including but not limite d to, cement, concrete, paint, and plastics; antisk id

material; highway base course; structural fill; bla sting grit; roofing granules; and mine stabilizatio n and

reclamation material; provided that:

(a) The utilization of coal combustion by-pro ducts does not result in the creation of a nuisance condition;

(b) Erosion and sediment control measures con sistent with sound engineering practices are undert aken;

(c) The use is not within 100 feet of existin g streams, 300 feet of existing drinking water well s, or

floodplains or wetlands, unless permission has been obtained from the appropriate regulatory agency;

(d) The generator characterizes the nonhazard ous nature of the coal combustion by-products; and

(e) The generator submits to the cabinet an a nnual report that identifies the type and amount of waste

released for reuse; the name and address of each re cipient of waste; and the specific use, if known, e ach

recipient made of the waste.

Section 2. Noncompliances. (1) The cabinet ma y take any appropriate enforcement actions, includi ng

corrective action or revocation, if a special waste permit-by-rule site or facility is not operating i n substantial

compliance with Section 1 of this administrative re gulation.

(2) The cabinet may, at its discretion, requi re the owner or operator of a special waste permit- by-rule site

or facility to upgrade the permit to a registered p ermit-by-rule to ensure that the requirements of th is chapter

and the environmental performance standards of 401 KAR 30:031 are met. (18 Ky.R. 3089; Am. 3437; eff.

6-24-92.)

401 KAR 45:070. Special waste registered permit-by- rule.

RELATES TO: KRS 224.01-010, 224.50-760

STATUTORY AUTHORITY: KRS 224.10-100(30), 224. 10-100, 224.40-305, 224.50-760(1)(d)

NECESSITY, FUNCTION, AND CONFORMITY: KRS 224. 10-100(30) authorizes the cabinet to

promulgate administrative regulations not inconsist ent with the provisions of law administered by the

cabinet. KRS 224.50-760(1)(d) authorizes the cabine t to promulgate administrative regulations for the

management of special wastes. KRS 224.40-305 requir es persons who establish, construct, operate,

maintain or permit the use of a waste site or facil ity to obtain a permit, pursuant to administrative

regulations adopted by the cabinet. This administra tive regulation establishes requirements for a spec ial

waste registered permit-by-rule.

Section 1. Registered Permit-by-rule. (1) A p erson engaged in the following activities shall be required

to register with the cabinet:

(b) Beneficial reuse of special waste not specified in Section 1(7) of 401 KAR 45:060; and

(2) Special waste registered permit-by-rule sites o r facilities shall not store, treat, reuse, or

dispose of special waste without first submitting a registration to the cabinet and receiving

acknowledgement, in writing, by the cabinet of acce ptance of the registration in accordance with Secti on

2 of this administrative regulation.

Section 2. Registration Procedure for Registe red Permit-by-rule. (1) Persons required to obtain a

registered permit-by-rule shall complete and submit the following information:...

(b) "Registered Permit-by-rule for Beneficial Reuse" DEP 7059F (November 2005);...

(2) The owner or operator shall submit any ad ditional information necessary to ensure compliance

with this administrative regulation to the cabinet upon request.

(3) After submission of the appropriate regis tration form, the cabinet shall review the registra tion form.

If the cabinet determines upon examination of the r egistration form that it fails to include all of th e required

information or that the registration form fails to provide the engineering, geological, or scientific

information necessary to determine that the registe red permit-by-rule site or facility will comply wit h 401

KAR 30:031, the cabinet shall notify the owner or o perator that the registration form is deficient and the

owner or operator shall submit the information requ ested by the cabinet.

# ASTSWMO Beneficial Use Survey Report November 2007

D - 9 KENTUCKY (cont.)

(4) Owners or operators of a registered permi t-by-rule site or facility may begin operation of t he site or

facility when the cabinet acknowledges in writing r eceipt of a complete registration and the cabinet

determines the operation complies with the environm ental performance standards of 401 KAR 30:031.

Section 3. Operation During a Registered Perm it-by-rule. (1) A site or facility operating under a registered permit-by-rule, except as provided in Se ction 4 of this administrative regulation, shall no t:

(a) Store, treat, reuse, or dispose of specia l waste not specified in the registration form; or

(b) Exceed the design capacities specified in the administrative registration form.

(2) The owner or operator of a registered per mit-by-rule site or facility shall comply at all ti mes with

401 KAR 30:031, 401 KAR 45:140, and this administra tive regulation.

(3) The owner or operator of a registered per mit-by-rule site or facility shall comply with the applicable

provisions of 401 KAR 45:100.

Section 4. Changes To a Registered Permit-by- rule. (1) The owner or operator of a registered per mitby-rule site or facility shall submit a revised reg istration form identifying new types of special was te to be

stored, treated, reused, or disposed at the registe red permit-by-rule site or facility if the special waste type

was not previously identified in the registration f orm.

(2) The owner or operator shall submit a revi sed registration form prior to increases in the des ign

capacity of processes used at a site or facility.

(3) The owner or operator shall submit a revi sed registration form prior to changes in the proce sses

for the storage, treatment, reuse, or disposal of s pecial waste or use of additional processes.

(4) The owner or operator shall submit a revi sed registration form prior to changes in owners or

operators of the site or facility.

(5) Changes listed in subsections (1) to (4) of this section shall not be implemented until the cabinet

acknowledges in writing receipt of a complete revis ed registration form.

(6) If the revised registration form fails to provide the engineering, geological, or scientific information

necessary to determine that the registered permit-b y-rule site or facility will comply with 401 KAR 30 :031,

the cabinet shall notify the owner or operator that the revised registration form is deficient, and th e owner

or operator shall submit the information requested by the cabinet.

Section 5. Noncompliances. The cabinet may ta ke any appropriate enforcement actions, including

corrective action or revocation, if a special waste registered permit-by-rule site or facility is not operating

in compliance with this administrative regulation.

Section 6. Incorporation by Reference. (1) Th e following material is incorporated by reference:

(a) "Registered Permit-by-rule for Sludge Giv eaway" DEP 7059D (November 2005);

(b) "Registered Permit-by-rule for Beneficial Reuse" DEP 7059F (November 2005); or

(c) "Registered Permit-by-rule for Storage an d Treatment of Processed Special Waste" DEP 7059G

(November 2005).

(2) This material may be inspected, copied, o r obtained, subject to applicable copyright law, at the Division of Waste

Management, 14 Reilly Road, Frankfort, Kentucky 406 01, (502) 564-6716, Monday through Friday, 8 a.m. t o 4:30 p.m., eastern

time, excluding state holidays. (18 Ky.R. 3090; Am. 3438; 19 Ky.R. 23; eff. 6-24-92; 32 Ky.R. 1474; 18 86; eff. 5-5-2006.)

# ASTSWMO Beneficial Use Survey Report November 2007

D - 10 NORTH CAROLINA

http://www.wastenotnc.org/SWHOME/17RUL.htm



# SECTION .1700 – REQUIREMENTS FOR BENEFICIAL USE OF COAL COMBUSTION

BY-PRODUCTS

.1701 DEFINITIONS

The following definitions shall apply throughout th is Section:

(1) “Beneficial and beneficial use” means projects promoting public health and

environmental protection, offering equivalent succe ss relative to other alternatives,

and preserving natural resources.

(2) “Coal combustion by-products” means residuals, including fly ash, bottom ash, boiler

slag and flue gas desulfurization reside produced b y coal fired electrical or steam

generation units.

(3) “Jurisdictional wetland” means those areas that meet the criteria established by the

United States Environmental Protection Agency for d elineating wetlands and are

considered by the Division to be waters of the Unit ed States.

(4) “Structural fill” means an engineered fill with a projected beneficial end use

constructed using coal combustion by-products prope rly placed and compacted.

(5) “Use or reuse of coal combustion by-products” m eans the procedure whereby coal

combustion by-products are directly used as follows :

(a) As an ingredient in an industrial process to ma ke a product, unless distinct

components of the coal combustion by-products are r ecovered as separate

end products; or

(b) In a function or application as an effective su bstitute for a commercial

product or natural resource.

History Note: Statutory Authority G.S. 130A-294; Ef f. January 4, 1994

.1702 GENERAL PROVISIONS FOR STRUCTURAL FILL FACILI TIES

The provisions of this Section shall apply to the s iting, design, construction, operation, closure and

recordation of projects which utilize coal combusti on by-products as structural fill material or as sp ecified

in Item (4) of Rule .1708 of this Section and shall apply to structural fills other than those which r eceived

written approval from the Division prior to the eff ective date of this Section. A solid waste manageme nt

permit is not required for coal combustion by-produ cts structural fills which meet the requirements li sted in

this Section.

History Note: Statutory Authority G.S. 130A-294; Ef f. January 4, 1994

.1703 NOTIFICATION FOR STRUCTURAL FILL FACILITIES

9/1/2006 12:46 PM

# ASTSWMO Beneficial Use Survey Report November 2007

D - 11 NORTH CAROLINA (cont.)

15A NCAC 13B http://reports.oah.state.nc.us/nca c/title%2015a%20-%20environm...



# 15A NCAC 13B .0562 BENEFICIAL FILL

A permit is not required for beneficial fill activi ty that meets all of the following conditions:

(1) The fill material consists only of inert debris strictly limited to concrete, brick, concrete bloc k,

uncontaminated soil, rock and gravel.

(2) The fill activity involves no excavation.

(3) The purpose of the fill activity is to improve land use potential or other approved beneficial

reuses.

(4) The fill activity is not exempt from, and must comply with, all other applicable Federal, State,

and Local laws, ordinances, rules, and regulations, including but not limited to zoning

restrictions, flood plain restrictions, wetland res trictions, mining regulations, sedimentation

and erosion control regulations. Fill activity shal l not contravene groundwater standards.

History Note: Authority G.S. 130A-294;

Eff. January 4, 1993

9/1/2006 1:51 PM



# __________________________________________

GS_130A-290 http://www.ncleg.net/EnactedLegisla tion/Statutes/HTML/BySectio...



# NCGS130A-290(a)

(24) “Recovered material” means a material that has known recycling potential, can be feasibly

recycled, and has been diverted or removed from the solid waste stream for sale, use, or reuse.

In order to qualify as a recovered material, a mate rial must meet the requirements of G.S. 130A309.05(c).

9/1/2006 12:37 PM



# __________________________________________

GS_130A-309.05 http://www.ncleg.net/EnactedLegi slation/Statutes/HTML/BySectio...



# § 130A-309.05. Regulated wastes; certain exclusions

. (a) Notwithstanding other provisions of this Articl e, the following waste shall be regulated

pursuant to this Part:

(1) Medical waste; and

(2) Ash generated by a solid waste management facil ity from the burning of solid waste.

(b) Ash generated by a solid waste management facil ity from the burning of solid waste shall be

disposed of in a properly designed solid waste disp osal area that complies with standards

developed by the Department for the disposal of ash . The Department shall work with solid

waste management facilities that burn solid waste t o identify and develop methods for

recycling and reusing incinerator ash or treated as h.

(c) Recovered material is not subject to regulation as solid waste under this Article. In order for

a material that would otherwise be regulated as sol id waste to qualify as a recovered

material, the Department may require any person who owns or has control over the material

# ASTSWMO Beneficial Use Survey Report November 2007

D - 12 NORTH CAROLINA (cont.)

to demonstrate that the material meets the requirem ents of this subsection. In order to

protect public health and the environment, the Comm ission may adopt rules to implement

this subsection. In order to qualify as a recovere d material:

(1) A majority of the recovered material at a facil ity shall be sold, used, or reused within

one year;

(2) The recovered material or the products or by-pr oducts of operations that process

recovered material shall not be discharged, deposit ed, injected, dumped, spilled,

leaked, or placed into or upon any land or water so that the products or by-products

or any constituent thereof may enter other lands or be emitted into the air or

discharged into any waters including groundwaters, or otherwise enter the

environment or pose a threat to public health and s afety; and

(3) The recovered material shall not be a hazardous waste or have been recovered from

a hazardous waste. (1989, c. 784, s. 2; 1995 (Reg. Sess., 1996), c. 594, s. 9.)

___________________________________________________ _________________________________ This document (also available in PDF and RTF

formats) is not an official document. Please read the

caveats on the main NC Statutes page for more information.

9/1/2006 12:42 PM

# ASTSWMO Beneficial Use Survey Report November 2007

D - 13 

# SUPPLEMENTAL INFORMATION

Question 1c. – Tennessee Attachment

Tennessee Department of Environment and Conservatio n

Division of Solid Waste Management

BENEFICIAL USE OF NONTOXIC SPENT FOUNDRY SAND

POLICY

I. Purpose

This policy was developed by the Tennessee Divisio n of Solid Waste Management (the Division) to

facilitate the beneficial use of nontoxic spent fou ndry sand in a manner that is protective of the pub lic

health and environment.

Generators of spent foundry sand are encouraged to actively explore and implement economically

feasible alternatives to reduce the volume and toxi city of foundry sand produced, as well as on-site

recycling, or recovery, before evaluating potential beneficial uses.

II. Scope

This policy sets forth beneficial uses of nontoxic spent foundry sand from iron and aluminum

foundries. It describes notification requirements, lists uses which do not require Division review or

approval, lists examples of uses which require proj ect specific Division review, and outlines record

keeping requirements.

III. Applicability

This policy applies to nontoxic spent sand from ir on and aluminum foundries used or proposed to be

used for a particular beneficial purpose in lieu of a competing raw material or finished product. Thi s

policy does not apply to waste disposal or indiscri minate dumping/filling.

IV. Initial Documentation Required

For a beneficial reuse of foundry sand to be cover ed by this policy, the foundry which generates the

sand must provide documentation to the division tha t the sand is “nontoxic” and has been “processed

for reuse” For the purposes of this policy, “nonto xic” means that the foundry sand is non-hazardous

and contains chemical constituents in concentration s equal to or less than those outlined in Table I.

Also, for the purposes of this policy, “processed f or reuse” means that the sand has been subjected to

a process by which metal and trash are removed. Me tal or trash removal is not required provided the

foundry can demonstrate that these materials are no t present in their sand in significant quantities.

For uses outlined in Part V, items A through E of this policy, initial documentation is not required.

However, if the foundry wishes to be covered by thi s policy, demonstration must be submitted to the

appropriate field office. Initial documentation is required for the small construction projects in pa rt V,

item F.

# ASTSWMO Beneficial Use Survey Report November 2007

D - 14 TENNESSEE (cont.)

V. Uses Not Requiring Division Review

The following uses do not require prior Division r eview or approval:

A. Manufacturing another product: The use as a raw material in manufacturing anothe r final

product, including, but not limited to, grout, ceme nt, flowable fill, lightweight aggregate, concrete

block, bricks, asphalt, roofing materials, plastics , paint, glass, fiberglass, ornamental ceramics

and other non-land applications, or as a substitute for a product (e.g. blasting grit), excluding soil

products.

B. Stabiliz ation/solidification of other waste (for disposal) : The use as a stabilization/solidification

agent, singly or in combination with other additive s or agents, for other wastes which will be

disposed of at an approved disposal facility.

C. Use in a composting process : The use in a composting process when the process is performed

in accordance with applicable composting regulation s. This term does not include the use as a

post-composting additive, or land application.

D. Daily cover/final cover at landfill : Uses as daily cover/final cover at a solid waste landfill, meeting

all technical requirements for daily cover/final co ver and approved by a permit. The amount of

daily cover/final cover shall not exceed the amount under an approved permit.

E. Landfill liner protective layer : Use as a protective layer for landfill liners as part of an approved

permit for the landfill.

F. Small construction projects : Uses outlined in Part VI of this policy when the amount used for any

single project does not exceed 200 tons and is stab ilized. The project must not impact streams,

wetlands, or other waters of the State. For small construction projects to be covered under this

policy, the generator must provide the “initial doc umentation” to the Division.

VI. Uses Requiring Division Review To Participate U nder This Policy

The following uses require prior Division project review for concurrence. Notification shall be by t he

attached form.

A. Structural fill : An engineered use of nontoxic spent foundry sand structural fills for the following:

building or equipment supportive base or foundation , foundation backfill, construction material for

road bases and subbase, overpasses, embankments, pa rking lots, dams, retaining walls, dikes,

levees; as a construction fill material for planned commercial and residential projects including

office parks, commercial plans, malls, industrial p arks, institutions, subdivisions, apartments,

duplexes, condominiums; as bedding and backfill mat erial for sanitary sewer lines and other utility

lines. Note that all above applications will be be low final surface grade of the project when

completed unless otherwise specifically approved by the Division.

B. Mines/Strip mine projects : Uses as fill in abandoned or closed mines or str ip mine areas where

the plans for which are approved by the Federal Off ice of Surface Mines and the TN Division of

Water Pollution control as appropriate.

C. Other uses : The Director may approve other uses on an indivi dual basis if they are consistent

with this policy and protective of human health and the environment.

# ASTSWMO Beneficial Use Survey Report November 2007

D - 15 TENNESSEE (cont.)

VII. Record Keeping Requirements

Each foundry subject to this policy must maintain the following records:

1. The amount of sand used;

2. The nature, purpose, and location of the projec ts;

3. Chemical analysis documenting the “nontoxic” na ture of their sand (such analysis must be

completed every two years or whenever process chang es occur which may affect composition of

the sand whichever is more frequent);

4. Any written approval/concurrence by DSWM where required for participation under this policy.

___________________________________ ___________ ______________ Tom Tiesler, Director (date)

Division of Solid Waste Management

# ASTSWMO Beneficial Use Survey Report November 2007

D - 16 TENNESSEE (cont.)

TABLE I

(Revision 2)

Maximum concentration Limits for Nontoxic Foundry S and

CONSTITUENT TCLP LIMITS

(see footnote)

PPM TOTAL LIMITS

PPM

Barium 20.00 NA

Cadmium .05 NA

Chromium 1.00 NA

Copper 13.00** NA

Cyanide 2.00* NA

Formaldehyde NA 300.00

Lead .50 NA

Mercury .02 NA

Nickel 1.00 NA

Phenol 15.00 NA

Selenium .50 NA

TCLP limits are generally 10 times D.W.S.

*Use modified TCLP extraction test, refer to Ohio p olicy D3987-85

**Copper is an MCLG in federal D.W.S.

NA = Not Applicable

Footnote: For the purposes of this policy, “nontoxi c” means that the foundry sand is non-hazardous

and contains chemical constituents in concentration s equal to or less than those outlined in

Table I. The toxic constituents leaching procedure (TCLP) refers to the leaching procedure

test as provided at RCRA 40 CFR 261.24. These TCLP limits in this policy are generally 10

times the drinking water standard.

# ASTSWMO Beneficial Use Survey Report November 2007

D - 17 TENNESSEE - ATTACHMENT I

Foundry Sand Beneficial Use Notification Form

GENERAL INFORMATION: :

1. Name of Project ______________________________

______________________________________

2. Entity Requesting Review: ____________________

________________________________________

3. Proposed Generator: __________________________

______________________________________

4. Proposed Use As: _____________________________

_____________________________________

5. Proposed Use Location (Enclose topographical map showing material placement boundaries. Include lo west

elevation of material placement): _______________

________________________________________

6. Name and address of property owner: __________

_________________________________________

7. Amount of Nontoxic Spent Foundry Sand to be Used : _______________________________________

ENVIRONMENTAL CONSIDERATIONS :

1. Is the proposed use location subject to flooding ? YES NO

(Attach map indicating 100-year flood plains.)

2. Distance from proposed location to nearest surfa ce water: ___________________________________

(On the map, show any nearby perennial {blue line} st reams, ponds, wetlands, etc.)

3. Describe runoff/silt control: _________________

___________________________________________

4. Indicate on the map approximate location of moni toring and/or potable water supply wells in the are a.

5. What are the adjacent land uses? _____________

_________________________________________

_________________________________________________ _________________________________

6. Are you aware of any potential (attributable to this project) or existing public water supply or gr oundwater quality

degradation in the area: YES NO

Explain: _______________________________________

___________________________________

_________________________________________________ _________________________________

7. Indicate the area USGS soil type classification:

_____________________________________________

This signature shall constitute personal affirmati on that all statements or assertions of fact made i n this proposal

are true and complete and shall be subject to appli cable state laws for false or misleading statements

.

________________________________ _______________ ____________________ Signature of Project Manger Name of Property Owner

________________________________ _______________ ____________________ Company Signature

________________________________ _______________ ____________________ Title Date

________________________________ Date POLICY/notebook/pn091

# ASTSWMO Beneficial Use Survey Report November 2007

D - 18 

# Question 3 – Tennessee Attachment

TENNESSEE DEPARTMENT OF ENVIRONMENT AND CONSERVATIO N

DIVISION OF SOLID WASTE MANAGEMENT

DATE: March 4, 1996

TO: DSWM Staff

FROM: Doye Rowland, Division of Solid Waste Manage ment

SUBJECT: Beneficial Use of a Solid Waste (Guidance )

Beneficial Use of Solid Waste

(a) This guidance will establish a procedure for de termination of beneficial use of

solid waste. A beneficial use determination by the DSWM will be a concurrence

that such approved use or reuse of solid waste will not be construed by the

DSWM to be a use which constitutes disposal when co nducted in the manner

approved by the Department. This guidance does not require a solid waste

beneficial use determination. It establishes a pro cedure for persons desiring

such determinations.

(b) A petition for beneficial use determination may be submitted to the DSWM. The

DSWM may determine in writing whether the proposal constitutes a beneficial

use of the solid waste. Such petitions should incl ude:

1. Identification, name, address and phone number o f the Solid Waste

generator;

2. An adequate characterization of the subject wast e stream. The

characterization must include the quantity of solid waste generated,

concentrations of all potential contaminates, and a flow chart which

describes the process that generates the waste ;

3. A well defined beneficial use project proposal d escribed in adequate

detail;

4. Locations and property owners that are involved in the beneficial use

project;

5. A record keeping and reporting system which will account for actual solid

waste quantities used in the project;

6. A description of how the waste will be handled a nd stored prior to

beneficial use and any run-on/runoff control measur es for surface

waters;

# ASTSWMO Beneficial Use Survey Report November 2007

D - 19 TENNESSEE (cont.)

Beneficial Use of Solid Waste (Guidance)

March 4, 1996

page 2

7. A description of how release of solid waste into the environment

will be prevented;

8. A schedule proposing the project initiation, maj or steps and

completion; and

9. Other information requested by the DSWM to evalu ate the

petition.

(c) Solid wastes stored for beneficial reuse are su bject to provisions at Rule 1200-1-

7-.02(1)(b)2(xvi) which provides a conditional exem ption from permitting for such

storage prior to its reuse.

POLICY/notebook/28

# ASTSWMO Beneficial Use Survey Report November 2007

D - 20 

# Question 1e. – Virginia Attachment

CHANGES IN VIRGINIA’S BENEFICIAL USE DETERMINATION PROGRAM SINCE 1999

Virginia’s Beneficial Use Determination Program is generally administered in the Virginia Solid Waste

Management Regulations, §9 VAC 20-80-10 et al . Provided below are changes to this regulations t hat

have been promulgated since 1999. The changes have been highlighted.

§9 VAC 20-80-60.E. Conditional exemptions. The foll owing solid waste management practices are

exempt from this chapter provided no open dump, haz ard, or public nuisance is created:

1. Composting of sewage sludge at the sewage treatm ent plant of generation without addition of other

types of solid wastes.

2. Composting of household waste generated at a sin gle-family residence at the site of generation.

3. Composting activities performed for educational purposes as long as no more than five tons of

materials are on site at any time. Greater quantiti es will be allowed with suitable justification pres ented to

the department. For quantities greater than five to ns approval from the director will be required prio r to

composting.

4. Management of wastes regulated by the State Boar d of Health, the State Water Control Board, or any

other state agency with such authority.

5. On-site management of soil contaminated with pet roleum products required as part of an ongoing

corrective action by the department under Article 9 (§ 62.1-44.34:8 et seq.) or Article 11 (§ 62.1-44.34:14

et seq.) of Chapter 3.1 of Title 62.1 of the Code o f Virginia. Management of the contaminated soils aw ay

from the site of generation is subject to this chap ter unless specifically provided for in the approve d

corrective action plan.

6. Management of solid waste in appropriate contain ers at the site of its generation, provided that:

a. Putrescible waste is not stored more than seven days between time of collection and time of removal

for disposal; and

b. All nonputrescible wastes that are on a system o f regularly scheduled collection for disposal with

collections occurring at intervals of less than 90 days.

7. Landfilling of solid waste which includes only r ocks, brick, block, dirt, broken concrete and road

pavement and which contains no paper, yard, or wood wastes.

8. On-site management of solid wastes generated by the wastewater treatment facilities provided such

management is subject to a regulation promulgated b y the State Water Control Board.

9. Placing of stumps and other land clearing debris from agricultural or forestal activities on site o f the

clearing where no debris is accepted from off-site. This does not include the burial of these material s.

10. Placing of solid wastes including large tires f rom mining equipment from mineral mining activities on a

mineral mining site in compliance with a permit iss ued by the Department of Mines, Minerals and Energy

where no such waste is accepted from off-site and d oes not contain any municipal solid wastes or other

# ASTSWMO Beneficial Use Survey Report November 2007

D - 21 VIRGINIA (cont.)

special wastes. Placement of such solid wastes shal l be accomplished in an environmentally sound

manner.

11. Storage of less than 100 waste tires at the sit e of generation provided that no waste tires are

accepted from off-site and that the storage will no t present a hazard or a nuisance.

12. The storage of land clearing debris including s tumps and brush, clean wood wastes, log yard

scrapings consisting of a mixture of soil and wood, cotton gin trash, peanut hulls and similar organic

wastes that do not readily decompose, in piles are exempt from this chapter if they meet the following

conditions at a minimum:

a. The wastes are managed in the following manner:

(1) They do not cause discharges of leachate, or at tract vectors.

(2) They cannot be dispersed by wind and rain.

(3) Combustion and fire are prevented.

(4) They do not become putrescent.

b. Any facility storing waste materials under the p rovisions of this section obtains a storm water dis charge

permit if they are considered a significant source under the provisions of 9VAC25-31-120 A 1 e.

c. No more than an total of 1/3 acre of waste mater ial is stored on-site and the waste pile does not

exceed 15 feet in height above base grade.

d. Siting provisions.

(1) All waste materials are stored at the site of t he industrial activity that produces them.

(2) A 50-foot fire break is maintained between the wastepile and any structure or treeline.

(3) The slope of the ground within the area of the pile and within 50 feet of the pile does not exceed 4:1.

(4) No waste material may be stored closer than 50 feet to any regularly flowing surface water body or

river, floodplain, or wetland.

(5) No stored waste materials shall extend closer t han 50 feet to any property line.

e. If the industrial activities at the site cease, any waste stored at the site must be properly dispo sed in a

permitted solid waste management facility within 90 days. The director can approve longer time frames

with appropriate justification. Justification must be provided in writing no more than 30 days after c easing

industrial activity at the site.

f. Waste piles that do not meet these provisions ar e required to obtain a permit in accordance with th e provisions in 9VAC20-80-480 and meet all of the req uirements in 9VAC20-80-400. Facilities that do not

comply with the provisions of this subdivision and fail to obtain a permit are subject to the provisio ns of

9VAC20-80-90 for unpermitted facilities.

# ASTSWMO Beneficial Use Survey Report November 2007

D - 22 VIRGINIA (cont.)

§9 VAC 20-80-150.E. Materials that are:

1. a. Used or reused, or prepared for use or reuse, as an ingredient in an industrial process to make a

product, or as effective substitutes for commercial products or natural resources provided the materia ls

are not being reclaimed or accumulated speculativel y; or

b. Returned to the original process from which they are generated;

2. Beneficially used as determined by the departmen t.

a. The following materials and uses listed in this part are exempt from this chapter as long as they a re

managed so they do not create an open dump, hazard, or public nuisance. These materials and the

designated use are considered a beneficial use of w aste materials:

(1) Unadulterated wood, wood chips, or bark from la nd clearing, logging operations, utility line clear ing

and maintenance operations, pulp and paper producti on, and wood products manufacturing, when these

materials are placed in commerce for service as mul ch, landscaping, animal bedding, erosion control,

habitat mitigation, wetlands restoration, or bulkin g agent at a compost facility operated in complianc e with

9VAC20-80-330;

(2) Unadulterated wood combustion residues when use d as a soil amendment or fertilizer, provided the

application rate of the wood ash is limited to the nutrient need of the crop grown on the land on whic h the

wood combustion residues will be applied and provid ed that such application meets the requirements of

the Virginia Department of Agriculture and Consumer Services (2VAC5-400 and 2VAC5-410);

(3) Compost that satisfies the applicable requireme nts of the Virginia Department of Agriculture and

Consumer Services (2VAC5-400 and 2VAC5-410);

(4) Nonhazardous, contaminated soil which has been excavated as part of a construction project and

which is used as backfill for the same excavation o r excavations containing similar contaminants at th e

same site, at concentrations at the same level or h igher. Excess materials from these projects are sub ject

to the requirements of this chapter;

(5) Nonhazardous petroleum contaminated soil which has been treated to the satisfaction of the

department in accordance with 9VAC20-80-700;

(6) Nonhazardous petroleum contaminated soil when i ncorporated into asphalt pavement products;

(7) Solid wastes which are approved in advance of t he placement, in writing, by the department or whic h

are specifically mentioned in the facility permit f or use as daily cover material or other protective materials

for landfill liner or final cover system components ;

(8) Fossil fuel combustion products when used as a material in the manufacturing of another product

(e.g., concrete, concrete products, lightweight agg regate, roofing materials, plastics, paint, flowabl e fill) or

as a substitute for a product or material resource (e.g., blasting grit, roofing granules, filter clot h precoat

for sludge dewatering, pipe bedding);

(9) Waste tire chips when used as a subbase fill fo r road base materials or asphalt pavements when

approved by the Virginia Department of Transportati on or by a local governing body;

# ASTSWMO Beneficial Use Survey Report November 2007

D - 23 VIRGINIA (cont.)

(10) Waste tires used in the production of commerci al products such as mats, pavement sealers,

playground surfaces, brake pads, blasting mats, and other rubberized commercial products;

(11) Waste tire chips when used as backfill in land fill gas or leachate collection pipes, recirculatio n lines,

and drainage material in landfill liner and cover s ystems, and gas interception or remediation applica tions;

(12) Waste tires, tire chips or tire shred when bur ned for energy recovery or pyrolyzed to produce fue l;

(13) "Waste derived fuel product," as defined in 9V AC20-80-10, derived from nonhazardous solid waste;

and

(14) Recognizable, uncontaminated concrete and conc rete products, asphalt pavement, brick, glass, soil

and rock placed in commerce for service as a substi tute for conventional aggregate.

b. In addition to items specified in subdivision 2 a of this subsection, the department may consider o ther

waste materials and uses to be beneficial. The gene rator or proposed user of such materials may reques t

that the department make a case-specific determinat ion that the solid waste may be beneficially used i n a

manufacturing process to make a product or as an ef fective substitute for a commercial product. In all

such cases, the materials will be managed so they d o not create an open dump, hazard, or public

nuisance.

(1) The requestor shall provide the following infor mation:

(a) A description of the solid waste under review a nd its proposed use;

(b) Chemical and physical characteristics of the so lid waste under review and of each type of proposed

product;

(c) A demonstration that there is a known or reason ably probable market for the intended use of the so lid

waste under review and of all proposed products by providing one or more of the following:

(i) A description of how the proposed product will be used;

(ii) A demonstration that the proposed product comp lies with industry standards and specifications for that

product if any; or

(iii) Other documentation that a market for the pro posed product or use exists; and

(d) A demonstration that the management of the soli d waste under review will not adversely affect huma n

health and safety, the environment, and natural res ources by providing:

(i) A solid waste control plan that describes the f ollowing:

(A) The source of the solid waste under review;

(B) Procedures for periodic testing of the solid wa ste under review and the proposed product to ensure

that the proposed product's composition has not cha nged significantly;

(C) The disposition of any solid waste which may re sult from the manufacture of the product into which

the solid waste under review is intended to be inco rporated;

# ASTSWMO Beneficial Use Survey Report November 2007

D - 24 VIRGINIA (cont.)

(D) A description of the type of storage (e.g., con tainer, tank or pile) and the maximum anticipated

inventory of the solid waste under review (not to e xceed 90 days) before being used;

(E) Procedures for run-on and run-off control of th e storage areas for the solid waste under review; a nd

(F) A program and implementation schedule of best m anagement practices designed to minimize

uncontrolled dispersion of the solid waste under re view before and during all aspects of its storage a s

inventory and/or during beneficial use; and

(ii) A contingency plan that contains the following information:

(A) A description of arrangements between the appli cant and local police departments, fire departments

, hospitals, and emergency response teams to coordina te emergency services and familiarize them with

the layout of the facility, properties of the solid waste handled and associated hazards, as appropria te;

(B) A list of names, addresses and telephone number s of all individuals qualified to act as an emergen cy

coordinator for the facility;

(C) A list of all relevant emergency equipment and the location of each item; and

(D) An evacuation plan for facility personnel.

(2) Upon receipt of complete information required u nder subdivision 2 b (1) of this subsection, the

department will determine in writing within 90 days , on a case-by-case basis, whether the proposal

constitutes a beneficial use based on a showing tha t all of the following criteria have been met:

(a) The proposed use of the material constitutes a reuse rather than disposal;

(b) For a material which is proposed for incorporat ion into a manufacturing process, the material is n ot

required to be decontaminated or otherwise speciall y handled or processed before such incorporation, i n

order to minimize loss of material or to provide ad equate protection, as needed, of public health, saf ety or

welfare, the environment or natural resources; and

(c) Other criteria as the department shall determin e in its discretion to be appropriate. Conversely, the

department may determine that owing to the nature o f the use, reuse, or reclamation process, some of

the informational materials required under subdivis ion 2 b (1) of this subsection may not be required to

make the determination.

(3) The department will either approve the request, disapprove it, or allow the proposed use of the so lid

waste under review subject to such conditions as th e department may impose. When granting a beneficial

use determination, the department shall determine, on a case-by-case basis, the precise point at which

the solid waste under review ceases to be solid was te. Unless otherwise determined for the particular

solid waste under review, that point occurs when it is used in a manufacturing process to make a produ ct

or used as an effective substitute for a commercial product or a fuel. As part of its request, the gen erator

or the proposed user may request that such point oc cur elsewhere. In such a request, the proponent sha ll

include a demonstration that there is little potent ial for improper disposal of the material or little potential

for the handling, transportation, or storage of the solid waste under review to have an adverse impact

upon the public health, safety or welfare, the envi ronment or natural resources.

(4) The department may revoke any determination mad e if it finds that one or more of the items of

information submitted serving as the basis for the department's determination was incorrect or is no

# ASTSWMO Beneficial Use Survey Report November 2007

D - 25 VIRGINIA (cont.)

longer valid, the department finds that there has b een a violation of any condition that the departmen t

attached to such determination, or that the use, re use or reclamation process has become a public

nuisance.

c. Beneficial use determinations granted by the dep artment before May 23, 2001, shall remain in effect

, subject to all conditions contained therein, unless specifically addressed by subsequent department

action.

F. Materials generated by any of the following, whi ch are returned to the soil as fertilizers:

1. The growing and harvesting of agricultural crops

.

2. The raising and husbanding of animals, including animal manures and used animal bedding;

G. Mining overburden returned to the mine site.

H. Scrap metal stored or being reclaimed for use, r euse or further reclamation.

I. Used, reused, or reclaimed commercial chemical p roducts if they are applied to the land in their

ordinary manner of use or if they are fuels.

J. Products produced for the general public's use t hat are used in the manner that constitutes disposa l if

they are applied to the land in their ordinary mann er of use and that contain used, reused or reclaime d

materials.

K. Wood wastes burned for energy recovery.

§9 VAC 20-80-160 Conditional Exemptions

A. The following solid wastes are exempt from this chapter provided that they are managed in accordanc e

with the requirements promulgated by other applicab le state agencies:

1. Drilling fluids, produced waters, and other wast es associated with the exploration, development or

production of crude oil, natural gas or geothermal energy;

2. Solid waste from the extraction, beneficiation a nd processing of ores and minerals, including coal;

3. Fossil fuel combustion products used for mine re clamation, mine subsidence, or mine refuse disposal

on a mine site permitted by the Virginia Department of Mines, Minerals and Energy when used in

accordance with the standards developed by the Depa rtment of Environmental Quality;

4. Waste or by-product derived from an industrial p rocess that meets the definition of fertilizer, soi l

amendment, soil conditioner or horticultural growin g medium as defined in § 3.1-106.2 of the Code of

Virginia, or whose intended purpose is to neutraliz e soil acidity (see § 3.1-126.2:1 of the Code of Virginia),

and that is regulated under the authority of the Vi rginia Department of Agriculture and Consumer

Services;

5. Fossil fuel combustion products bottom ash or bo iler slag used as a traction control material or ro ad

surface material if the use is consistent with Virg inia Department of Transportation practices;

# ASTSWMO Beneficial Use Survey Report November 2007

D - 26 VIRGINIA (cont.)

6. Waste tires generated by and stored at salvage y ards licensed by the Department of Motor Vehicles

provided that they do not pose a hazard or a nuisan ce; and

7. Chipped waste tires used as the drainage materia l in construction of septage drainfields regulated

under the authority of the Virginia Department of H ealth.

B. Fossil fuel combustion products are exempt from this chapter provided they are used in one or more of

the following applications or when handled, process ed, transported, or stockpiled for such use:

1. Used as a base, sub-base or fill material under a paved road, the footprint of a structure, a paved

parking lot, sidewalk, walkway or similar structure , or in the embankment of a road. In the case of

roadway embankments, materials will be placed in ac cordance with VDOT specifications, and exposed

slopes not directly under the surface of the paveme nt must have a minimum of 18" of soil cover over th e

fossil fuel combustion products, the top six inches of which must be capable of sustaining the growth of

indigenous plant species or plant species adapted t o the area;

2. Processed with a cementitious binder to produce a stabilized structural fill product which is sprea d and

compacted with proper equipment for the constructio n of a project with a specified end use;

3. Used for the extraction or recovery of materials and compounds contained within the fossil fuel

combustion products.

NOTE 1: Residuals from the processing operations re main solid wastes.

NOTE 2: The use of fossil fuel combustion products outlined in this regulation has been evaluated only

with regard to the protection of human health and t he environment. A qualified professional engineer

should evaluate any structural application of fossi l fuel combustion products.

C. The following solid wastes are exempt from this chapter provided that they are reclaimed or

temporarily stored incidentally to reclamation, are not accumulated speculatively, and are managed

without creating an open dump, hazard or a public n uisance:

1. Paper and paper products;

2. Unadulterated wood waste which is to undergo siz e reduction in order to produce mulch;

3. Cloth;

4. Glass;

5. Plastics;

6. Waste tire chips; and

7. Mixtures of above materials only. Such mixtures may include scrap metals excluded from regulation i n accordance with the provisions of 9VAC20-80-150 H.