Procedures for Beneficial Use Determinations

Procedures for Beneficial Use Determinations. A. Eligibility Requirements (1) Solid wastes or by-products may be eligible for consideration for a Beneficial Use Determination from the Department where such materials meet the following requirements: (a) The material, proposed for beneficial use, must be a “by-product” as defined in Rule 9.1(C) of these regulations. (b) The solid waste or by-product proposed for beneficial use must be adequately characterized to confirm that the proposed use is adequately protective of the environment and human health and that the by-product possesses physical and/or chemical properties which make the material suitable for the intended use. (c) The solid waste or by-product, proposed for beneficial use, must not be a putrescible waste as defined in Rule 9.1(C) or have other similar characteristics for potential nuisance. (2) The proposed beneficial use must conform to the following use specific standards to be eligible for consideration for a Beneficial Use Determination from the Department. (a) Unless otherwise approved by the Department, a proposed beneficial use must employ a by-product in such manner that the by-product serves as a suitable replacement for a raw material or other feedstock and, through its use, provides a benefit comparable to the material it is proposed to replace. (b) The beneficial use must not solely serve the purpose of discarding or disposing of the material, as determined by the Department. (c) A proposed beneficial use of a by-product must have a demonstrated use and/or market. For unproven uses, a demonstration project or effort may be considered and approved by the Department to verify the legitimacy of the intended beneficial use. Applications that propose speculative accumulation of a by-product for unproven uses or for uses with no currently available market or end use shall not be approved by the Department. B. Application Procedures (1) An application for a Beneficial Use Determination must be submitted to the Department for review and consideration, on forms provided by the Department, prior to implementation of the intended use for any intended beneficial use of an eligible by-product, except for Category I determined uses described in Rule 9.3(A) of these Regulations. (2) An application for a Beneficial Use Determination may be submitted to the Department by the generator, distributor or supplier, or end user of a by-product, as appropriate. Applications submitted by persons other than the generator must be accompanied by written consent for the proposed use from the generator or other owner of the material. (3) Upon the review and conclusion that an application is consistent with these regulations, the Department shall issue a Beneficial Use Determination to the applicant. At such time, one or more of the following conditions shall apply: (a) By-products approved for beneficial use shall be considered a solid waste and subject to the transportation and storage conditions of Rule 1.5 of the Mississippi Nonhazardous Solid Waste Management Regulations until the moment that the by-product is utilized and/or packaged for use as stipulated in the Beneficial Use Determination. (b) Upon utilization of the material, a by-product for which a Beneficial Use Determination has been issued shall no longer be subject to the Mississippi Nonhazardous Solid Waste Management Regulations, provided the by-product is utilized in a manner consistent with the terms and conditions of the Beneficial Use Determination. (c) The placement, dumping or other use of a by-product in a manner inconsistent with the Beneficial Use Determination may be considered as unauthorized dumping under the Mississippi Solid Waste Law and the responsible party may be subject to enforcement actions by the Department. (d) Beneficial Use Determinations issued by the Department are only valid for uses conducted within the state of Mississippi. (e) The issuance of a Beneficial Use Determination does not exempt the generator, supplier, end user and/or the registrant from compliance with applicable water quality and air quality regulations when managing or beneficially using a by-product under these regulations. (f) Should the beneficial use of a by-product result in conditions that create environmental or public health problems, the generator, distributor or supplier, or end user of the material may share responsibility for needed corrective actions. (4) For applications that are found to be inconsistent with these regulations by the Department, the following conditions shall apply: (a) The Department shall notify the applicant in writing of the denial; and (b) By-products for which a Beneficial Use Determination is denied by the Department are considered solid wastes and shall remain subject to the Mississippi Nonhazardous Solid Waste Management Regulations. (5) A Beneficial Use Determination issued by the Department should not be considered to be an endorsement of the approved use or an endorsement of that by-product and should not be construed as such. Nor should such a determination be considered protection from liability and responsibility created under other applicable laws and regulations. The Department reserves the authority to modify, terminate or rescind any Beneficial Use Determination authorized under these regulations for just cause. (6) Applicants may appeal the denial or the conditions of a Beneficial Use Determination to the Mississippi Commission on Environmental Quality within thirty (30) days of notification of the action. Such appeal shall be made in a manner consistent with Section 49-17-29 (4.b) of the Mississippi Code, Annotated.