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On the Need for an Environmental Assessment Worksheet Findings of Fact Bituminous Roadways, Inc. Hot Mix Asphalt Plant Project Conclusions of Law Columbus, Minnesota And Order 15 88. Bituminous is proposing to design and install 4-30,000 gallon and 1-20,000 gallon aboveground storage tanks for liquid asphalt cement (LAC), a material used in the production of hot mix asphalt. Although LAC is not a hazardous waste, LAC is a hazardous material when in liquid form. Bituminous will maintain the LAC at a temperature of greater than 300 °F, so that it will remain in liquid form. LAC storage tanks must comply with Minn. R. 7151, aboveground storage of liquid substances, which includes the requirement for secondary containment. The LAC becomes virtually solid at ambient temperatures. Therefore, if LAC spills, rather than seeping through soil, LAC hardens and remains at the spill location. The Project is designed with a secondary containment area to ensure any spilled LAC will not move overland. 89. Bituminous must register its aboveground storage tanks with the MPCA. 90. MPCA rules for aboveground storage tanks (Minn. R. 7151) include standards for the design and installation to prevent leaks and spills, along with requirements for construction of secondary containment areas that will prevent a release to the environment. https://www.pca.state.mn.us/sites/default/files/t-a2-08.pdf 91. The MPCA finds the Project does not have the potential for significant environmental effects based on the type, extent, and reversibility of wetland and stormwater impacts reasonably expected to occur. Potential Cumulative Impacts 92. With respect to the potential for cumulative impacts, the MPCA staff identified no areas for which the Project has the potential for significant environmental effects by itself or in combination with other past, present or future project in the area. Potential for Significant Environmental Effects 93. The MPCA finds that the evidence provided by the Petitioners and the other information in the record reviewed by MPCA staff does not demonstrate that the Project may have the potential for significant environmental effects. CONCLUSIONS OF LAW 94. The EQB designated MPCA as the RGU for this decision. 95. The MPCA followed all necessary procedures for the Petition process. 96. The Commissioner has the authority to make a decision in this matter. 97. The evidence presented by the Petitioners, Proposer, and other persons, or otherwise known to the MPCA, does not demonstrate that the Project may have the potential for significant environmental effects.