Plastic2Oil Inc (PTOI)

[scion]

Will they have the BUDs for 60 tons of plastic waste a day?

(d) Case-specific beneficial use determinations.

(1) The generator or proposed user of a solid waste may petition the department, in writing, for a determination that the solid waste under review in the petition may be beneficially used in a manufacturing process to make a product or as an effective substitute for a commercial product. Unless otherwise directed by the department, the department may not consider any such petition unless it provides the following:

(i) a description of the solid waste under review and its proposed use;

(ii) chemical and physical characteristics of the solid waste under review and of each type of proposed product;

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

(a) a contract to purchase the proposed product or to have the solid waste under review used in the manner proposed;

(b) a description of how the proposed product will be used;

(c) a demonstration that the proposed product complies with industry standards and specifications for that product; or

(d) other documentation that a market for the proposed product or use exists; and

(iv) a demonstration that the management of the solid waste under review will not adversely affect human health and safety, the environment, and natural resources by providing:

(a) a solid waste control plan that describes the following:

(1) the source of the solid waste under review, including contractual arrangements with the supplier;

(2) procedures for periodic testing of the solid waste under review and the proposed product to ensure that the proposed product's composition has not changed significantly;

(3) the disposition of any solid waste which may result from the manufacture of the product into which the solid waste under review is intended to be incorporated;

(4) a description of the type of storage (e.g., tank or pile) and the maximum anticipated inventory of the solid waste under review (not to exceed 90 days) before being used;

(5) procedures for run-on and run-off control of the storage areas for the solid waste under review; and

(6) a program and implementation schedule of best management practices designed to minimize uncontrolled dispersion of the solid waste under review before and during all aspects of its storage as inventory and/or during beneficial use; and

(b) a contingency plan that contains the information and is prepared in accordance with subdivision 360-1.9(h) of this Part.

(2) The department will determine in writing, on a case-by-case basis, whether the proposal constitutes a beneficial use based on a showing that all of the following criteria have been met:

(i) the essential nature of the proposed use of the material constitutes a reuse rather than disposal;

(ii) the proposal is consistent with the solid waste management policy contained in section 27-0106 of the ECL;

(iii) the material under review must be intended to function or serve as an effective substitute for an analogous raw material or fuel. When used as a fuel, the material must meet the requirements of paragraph 360-3.1(c)(4) of this Part and the facility combusting the material must comply with 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 or otherwise specially handled or processed before such incorporation, in order to minimize loss of material or to provide adequate protection, as needed, 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 the material under review or the product into which 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.

(3) The department will either approve the petition, disapprove it, or allow the proposed use of the solid waste under review subject to such conditions as the 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 waste. Unless otherwise determined for the particular solid waste under review, that point occurs when it is used in a manufacturing process to make a product or used as an effective substitute for a commercial product or used as a fuel for energy recovery. As part of its petition, the petitioner may request that such point occur elsewhere. In such a request, the petitioner must include a demonstration that there is little potential 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 environment or natural resources.

(4) The department may revoke any determination made under this subdivision if it finds that one or more of the matters serving as the basis for the department's determination was incorrect or is no longer valid or the department finds that there has been a violation of any condition that the department attached to such determination.

http://www.dec.ny.gov/regs/4415.html#14622