Mississippi Beneficial Use Program

In June 2005, the Mississippi Regulations for the Beneficial Use of Nonhazardous Solid Waste were adopted by the Mississippi Commission on Environmental Quality to provide a formal process for evaluating certain by-product materials for beneficial use as products. Prior to the adoption of these regulations, most by-product materials generated by industries were regarded as solid waste and were required to be managed as solid waste. This regulatory requirement often resulted in potentially useful by-products being landfilled. The Beneficial Use Regulations provide a mechanism where industries with eligible by-products and legitimate end uses may provide their by-products to end users after review and approval. This program helps to increase opportunities for recycling and re-using industrial by-products and helps to reduce the amount of solid wastes disposed in landfills.


Q: Is my by-product eligible for the MDEQ’s Beneficial Use Program?

A: There are several criteria that must be met for a by-product material to be eligible for consideration in the Beneficial Use Program. By-products and proposed uses must be consistent with each of the following requirements:
The material must be a “by-product” as defined by Section I.C of the Beneficial Use Regulations linked above;
The material must be used as a suitable replacement for a product, raw material or other feedstock;
The material must be non-putrescible or otherwise have no potential for creating nuisance conditions;
The use must have an established end use market;
The use must not constitute disposal.

Q: How do I request a Beneficial Use Determination from the MDEQ?

A: The MDEQ has developed a request form (linked above) that must be completed and submitted to the MDEQ. There are two sections that must be completed. Section one contains very general information about the company or person requesting the determination. Section two contains a series of use specific questions that must be answered.

Q: What is a standing use determination and does my by-product qualify for a standing use determination?

A: Standing Use Determinations are specific by-product/use combinations where the by-product is contained or encapsulated or otherwise required to be monitored as a part of other environmental standards or quality controls. There are many situations where a by-product could be considered to have a standing use determination. You should review Section III.A of the Regulations for the Beneficial Use of Nonhazardous Solid Waste to determine if your by-product and proposed use are consistent with the stated conditions. If you are unsure if your by-product and proposed use can be considered for a standing use, you should contact the MDEQ staff listed below.

Q: Once issued a Beneficial Use Determination, am I required to report to MDEQ and re-test my by-product?

A: An annual report is required to be submitted to the MDEQ by February 28th each year on the beneficial use activity conducted in the preceding calendar year. The testing frequency requirement is case specific. The majority of Beneficial Use Determinations require annual analytical testing. However, once a historical analytical record has been established for the by-product, the Beneficial Use Determination holder may request a reduction in testing frequency from the MDEQ.

Q: Once issued a Beneficial Use Determination, can I advertise my product as “endorsed” by the MDEQ?

A: No. The MDEQ’s issuance of a Beneficial Use Determination does not constitute an endorsement of the use of the by-product. The Beneficial Use Determination grants regulatory exemption to allow the use of an otherwise regulated solid waste in a manner that is both beneficial and protective of the environment, provided the user follows certain conditions.

Q: Does the Beneficial Use Determination have an expiration date?

A: No. Beneficial Use Determinations do not expire at the end of a pre-determined period of time. The Beneficial Use Determination is valid as long as the original conditions of the approval are valid. Should the process that generates the by-product change, such as changing a raw material or feedstock, then the original conditions of the Beneficial Use Determination have also changed and it would need to be evaluated.

Contact Information

For more information regarding the Beneficial Use Program contact Charles Bock by email or at 601-961-5232.