(i) materials identified in section 371.1(e)(1)(vi) through (viii) of this Title that cease to be solid waste as defined in section 371.1 of this Title;

(ii) fill material generated outside of New York City with no evidence of historical impacts such as reported spill events, or visual or other indication (odors, etc.) of chemical or physical contamination;

(iii) fill material when used in accordance with section 360.13 of this Part; and

(iv) NDM used outside ecologically sensitive areas, as commercial aggregate in place of sand or gravel if the NDM contains at least 90 percent sand and gravel, as determined by a standard grain size analysis method approved by the department and performed by an independent laboratory, and if the NDM contains less than 0.5 percent total organic carbon.

(i) uncontaminated newsprint used as animal bedding;

(ii) uncontaminated used wood pallets that are used to produce reconditioned or remanufactured wood pallets;

(iii) street sweepings, car wash grit, and water system catch basin materials that consist of sand and gravel and are free from litter and objectionable odors, when used in the following applications:

(iv) waste tires required to secure tarpaulins in common weather protection practices such as agricultural storage covers and salt pile protection, provided the number of passenger tire equivalents used does not exceed 0.25 passenger tire equivalents per square foot of cover or bunker area, and whole tires are cut in half or have sufficient number of holes drilled in them to prevent retention of water;

(v) 150 or fewer waste tires or tire equivalents at a single site for purposes such as retaining walls, decoration, playground components, bumper guards, manufactured products feedstock, and similar purposes; and

(vi) bread and other similar grain products (spent brewery grains, etc.) used for animal feed or pet food, provided all packaging is removed prior to use;

(vii) source-separated recyclables that are typically managed at a recyclables handling and recovery facility but instead are received directly by a manufacturing plant for use as an ingredient in the manufacturing of a product.

(i) ground granulated blast-furnace slag for use as a raw feed in the manufacture of cement and in concrete which meets an industry standard acceptable to the department;

(ii) unadulterated wood combustion ash for use as a soil amendment, provided the application rate is limited to the soil pH requirement of the crops grown;

(iii) industrial wastes historically used as an ingredient in a manufacturing process;

(iv) fats, oil, grease, and rendered animal parts, except for use as or in production of fuels;

(v) coal combustion fly ash which meets an industry standard acceptable to the department for use in concrete, concrete products, light-weight block, light-weight aggregate and flowable fill;

(vi) flue gas desulfurization or other gas-scrubbing byproducts when used to replace manufactured gypsum or manufactured calcium chloride, except for land application;

(vii) coal combustion bottom ash for use as an aggregate in portland cement, concrete, asphalt pavement, or roofing materials;

(viii) recycled aggregate or residue which meets a municipal or State specification or standard for use as commercial aggregate if generated from uncontaminated, recognizable concrete and other masonry products, brick, or rock that is separated from other waste prior to processing and subsequently processed and stored in a separate area as a discrete material stream;

(ix) recycled material or residue generated from uncontaminated asphalt pavement and asphalt millings which meets a municipal or State specification or standard for use as an ingredient in asphalt pavement or other paved surface construction and maintenance uses if separated from other waste prior to processing and subsequently processed and stored in a separate area as a discrete material stream;

(x) asphalt pavement and asphalt millings received at an asphalt manufacturing plant for incorporation into an asphalt product;

(xi) clay, till, or rock excavated as part of navigational dredging, which is separated from overlying navigational dredged material and used as fill or aggregate.

(i) materials produced by a recyclables handling and recovery facility for use as an ingredient in a manufacturing process or other acceptable end use. For glass, this includes uncontaminated glass-derived aggregate that meets a governmental or industrial organization specification acceptable to the department. The glass aggregate must not exceed the following measure of non-glass material content:

(ii) compost and other soil conditioning products produced from facilities regulated under Subpart 361-3 of this Title provided the use restrictions are followed;

(iii) ground tree debris, wood debris, and yard trimmings used for mulch and other common uses;

(iv) tire-derived aggregate for use as:

(v) scrap metal;

(vi) used cooking oil and yellow grease processed in accordance with Subpart 361-8 of this Title, for use in animal feed, soap or other products, provided an applicable industry and/or government standard is met.

(i) a detailed description of the waste and the proposed use of the waste;

(ii) a description of the annual quantity, by weight and volume, of the waste proposed for beneficial use;

(iii) a detailed description of the source, process, or treatment systems from which the waste originated, including a list of all chemicals and the quantity of all chemicals added during these processes;

(iv) analytical data concerning the chemical and physical characteristics of the waste and of each type of proposed product, and the chemical and physical characteristics of any analogous raw material or commercial product for which the waste is proposed to be an effective substitute;

(v) justification that the waste functions as an effective substitute for the commercial product or raw material and that the use meets or exceeds governmental or industry standards or specifications;

(vi) demonstration that there is a known or reasonably probable market for the intended use of the quantity and type of waste and of all proposed products by providing one or more of the following:

(vii) demonstration that the management of the waste when used in accordance with the beneficial use will not adversely affect public health and the environment by providing, at a minimum:

(i) the petition contains all necessary technical information as required under paragraph (2) of this subdivision;

(ii) the essential nature of the proposed use of the waste constitutes use rather than disposal;

(iii) the waste will be managed as a commodity and intended to function or serve as an effective substitute for an analogous commercial product or raw material;

(iv) at the point of beneficial use, the waste will not require decontamination or other processing;

(v) a market exists or is reasonably certain to be developed for the proposed quantity and use of the waste or the product into which the waste is proposed to be incorporated;

(vi) heavy metals or other pollutants present in the waste are present at acceptable concentrations for the proposed product or use as determined by the department. For use of materials on the land as fill or cover, the material must not be used in ecologically sensitive areas and must not contain pollutants above the concentrations indicated in section 375-6.8(b) of this Title, for Residential Use and Protection of Groundwater, unless the petitioner can demonstrate properties or characteristics unique to the material or use that are acceptable to the department. Nothing in this subparagraph will have the effect of modifying any existing Memorandum of Understanding to which the department is a party; and

(vii) the proposed use will not significantly adversely affect public health and the environment.

(i) the source of the NDM, estimated quantity for use, and the proposed schedule of use;

(ii) a sampling plan that describes how representative samples of the NDM will be obtained and the analytical methods that will be used to assess the samples;

(iii) analytical results of the untreated, unamended NDM and of the treated or amended NDM in compliance with subdivision (d) of this section;

(iv) a description of known or probable markets for the intended use of the NDM or end product, including one or more of the following:

(v) a material management plan that describes the following:

(vi) a detailed description of all amendment or treatment that will occur before NDM use. The description must include the type and quantity of amendment or treatment procedures, and location of all processing operations.

(i) The department will determine in writing, on a case-specific basis, whether the proposal constitutes a beneficial use, based on requirements described in this section. For use of NDM as general fill or cover, the requirements of subparagraph (d)(3)(vi) of this section must be met, except where NDM will meet criteria for and will be used in the same manner as restricted-use or limited-use fill material as described in section 360.13 of this Part.

(ii) NDM approved for beneficial use under this section ceases to be a waste when it meets the technical requirements or specifications for the intended end use, provided it is not stored for longer than 365 days after meeting the technical requirements or specifications, unless otherwise approved by the department.

(i) Untreated, unamended NDM and treated or amended NDM must be analyzed for the following parameters, unless otherwise approved by the department,, using department-approved analytical methods: volatile organic compounds; semivolatile organic compounds; pesticides; polychlorinated biphenyls; metals; sulfides; salt content; grain-size distribution; chlorinated dioxins/furans; carbazole; mirex; hexavalent chromium and cyanides. In addition, the department may require the submission of Synthetic Precipitation Leaching Procedure (EPA SW-846 Method 1312) or Toxicity Characteristic Leaching Procedure (EPA SW-846 Method 1311) results, as incorporated by reference in section 360.3 of this Part, and other data needed to justify the proposed end use (e.g., nutrient content, geotechnical testing, etc.).

(ii) The NDM must be analyzed as prescribed in the following table unless otherwise approved by the department. If the source of the NDM has a history of significant contamination or highly variable contamination, additional sampling will be required. The sampling plan must be submitted and approved by the department prior to sampling the NDM.

*The department will require a project-specific approved sampling frequency.

(iii) All samples taken must be representative of the NDM that will be used. A written record of all sampling details must be submitted to the department and must include the date, location, and protocol used to obtain representative samples.

(iv) Statistical analysis in accordance with USEPA SW-846, as incorporated by reference in section 360.3 of this Part, may be used to justify compliance of NDM with contaminant limits where results show an exceedance. If the pollutant limit for beneficial use is lower than the required detection limit, an analytical result less than the required detection limit will be considered to comply with the pollutant limit.

(i) the name, address and telephone number of the person or entity that is road spreading the brine;

(ii) a map or a listing of roads where brine will be applied;

(iii) an original, signed, and dated brine spreading authorization letter from the government agency or other property owner of the road(s);

(iv) the physical address of the brine storage location(s) or wells from which the brine is transported;

(v) a description of any system used at the well location(s) to separate brine and minimize any oil or gas in brine;

(vi) an analysis of a representative sample of the brine, obtained at a proposed point of use, for the parameters found in subparagraph (3)(iii) of this subdivision. All analyses must be performed by a laboratory certified by the New York State Department of Health using methods specified in this subdivision or otherwise acceptable to the department;

(vii) a road spreading plan that includes a description of the procedures to prevent the brine from flowing or running off into streams, creeks, lakes and other bodies of water. The plan should include, at a minimum:

(i) Only gas storage brine and production brine from wells producing from formations other than the Marcellus Shale are approvable for road spreading.

(ii) Road spreading of drilling fluids and flowback water is prohibited.

(iii) Brine must comply with the following standards (test methods are incorporated by reference in section 360.3 of this Part):

BUD Criteria for the Use of Oil/Gas Brine for Road Uses

* lower levels may be considered when brine is used for dust control

(iv) Methods must be employed at the well site to minimize the amount of hydrocarbons present in the brine.

(v) Brine application within 50 feet of a stream, creek, lake, or other body of water is prohibited.

(vi) Brine application measurement methods must be used to ensure that brine application rates are within limits.

(vii) The vehicle used for brine application must be dedicated for that use or must be cleaned to remove any waste material prior to loading with brine.

(viii) Personnel that will be applying brine must be properly trained and educated on the equipment that will be used for brine application, the allowable application rates, and the use restrictions.

(ix) One representative analysis of the brine prior to use for the constituents in subparagraph (iii) of this paragraph must be submitted annually to the department. All analyses must be performed by a laboratory certified by the New York State Department of Health using methods acceptable to the department.

(x) In lieu of paragraph (d)(8) of this section an annual report must be submitted to the department by March 31st of each year containing data for the previous calendar year. The report must include:

(xi) Brine approved for beneficial use under this section ceases to be a waste when it meets the technical requirements or specifications for the intended end use.

(i) brine application is prohibited between sundown and sunrise;

(ii) brine application is prohibited on sections of road with a grade exceeding 10 percent;

(iii) brine application is prohibited on wet or frozen roads, during rain, or when rain is imminent;

(iv) brine application for dust control must occur only on unpaved roads;

(v) a spreader bar or similar device designed to deliver a uniform application of brine must be used;

(vi) the application vehicle must have brine shut-off controls in the cab;

(vii) brine cannot be applied directly to vegetation near the surface that is being treated;

(viii) application of brine within 12 feet of structures crossing bodies of water or crossing drainage ditches is prohibited;

(ix) when the application vehicle stops, the discharge of brine must stop;

(x) the vehicle must be moving at least five miles per hour when brine is being applied.

(i) the brine application must not be used at a rate greater than needed for snow and ice control.