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On the Need for an Environmental Assessment Worksheet Findings of Fact
<br />Bituminous Roadways, Inc. Hot Mix Asphalt Plant Project Conclusions of Law
<br />Columbus, Minnesota And Order
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<br />33. “Hazardous waste" has the meaning given in Minn. Stat. § 116.06, subd. 11, which states:
<br />"Hazardous waste" means any refuse, sludge, or other waste material or combinations of refuse,
<br />sludge or other waste materials in solid, semisolid, liquid, or contained gaseous form which because
<br />of its quantity, concentration, or chemical, physical, or infectious characteristics may (a) cause or
<br />significantly contribute to an increase in mortality or an increase in serious irreversible, or
<br />incapacitating reversible illness; or (b) pose a substantial present or potential hazard to human
<br />health or the environment when improperly treated, stored, transported, or disposed of, or
<br />otherwise managed. Categories of hazardous waste materials include, but are not limited to:
<br />explosives, flammables, oxidizers, poisons, irritants, and corrosives. Hazardous waste does not
<br />include source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954,
<br />as amended.
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<br />34. The Project will process and produce hot mix asphalt, crushed aggregate, and crushed asphalt. None
<br />of these products meet the definition of a hazardous waste in Minn. Stat. § 116.06, subd. 11.
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<br />35. Bituminous’ Project will not accept hazardous waste for disposal or processing. Bituminous is not
<br />selling hazardous waste storage to hazardous waste generators. Therefore, the mandatory
<br />threshold under part 4410.4300, subp. 16 A, B, or C does not apply to the Project.
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<br />36. Materials typically used in production of hot mix asphalt include sand, crushed rock, some specialty
<br />aggregates, crushed recycled concrete and/or recycled asphalt. None of these materials meet the
<br />definition of a hazardous waste in Minn. Stat. § 116.06, subd. 11.
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<br />37. Liquid asphalt cement (LAC) is also typically used in production of hot mix asphalt. LAC does not
<br />meet the definition of hazardous waste in Minn. Stat. § 116.06, subd. 11.
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<br />Evaluation Criteria
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<br />38. Pursuant to Minn. R. 4410.1100, subp. 6, the MPCA must order the preparation of an EAW if the
<br />evidence presented by the Petition, Proposer, and other persons, or information otherwise known
<br />to the MPCA, demonstrates that because of the nature or location of the proposed Project, the
<br />proposed Project may have the potential for significant environmental effects. The MPCA must
<br />deny the Petition if the evidence presented fails to demonstrate that the proposed Project may
<br />have the potential for significant environmental effects.
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<br />39. In deciding whether a project has the potential for significant environmental effects, the MPCA
<br />must compare the impacts that may be reasonably expected to occur from the project with the
<br />criteria set forth in Minn. R. 4410.1700, subp. 7. The following factors shall be considered:
<br />A. Type, extent, and reversibility of environmental effects.
<br />B. Cumulative potential effects. The RGU shall consider the following factors: whether the
<br />cumulative potential effect is significant; whether the contribution from the project is
<br />significant when viewed in connection with other contributions to the cumulative potential
<br />effect; the degree to which the project complies with approved mitigation measures specifically
<br />designed to address the cumulative potential effect; and the efforts of the proposer to minimize
<br />the contributions from the project.
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