Hazard Evaluation Process
MnDOT Policy OP010
View/print signed policy (PDF)
The Minnesota Department of Transportation (MnDOT) uses the Hazard Evaluation Process (HEP) to perform a due diligence review on products or proposed re-use of waste materials that have a potential to release chemicals during application or long-term use that could result in contamination of the environment. The HEP is a part of the larger MnDOT Approved/Qualified Products Process.
As part of the review, MnDOT must balance on a case-by-case basis, the benefits received against criteria such as:
- Human safety
- Environmental performance
- Potential future environmental liabilities
- Comply with environmental laws and regulations, including:
- Reduce legal liability
Using the HEP will help MnDOT avoid or mitigate potential future environmental liability arising from the use of new products or the re-use of waste materials
- Protect the environment
The HEP is a part of the larger MnDOT Approved/Qualified Products Process used by employees and contractors to select appropriate products for use on MnDOT projects.
- Employees involved in evaluating products for the MnDOT Approved/Qualified Products
- Employees who are considering reusing or allowing others to re-use waste materials on MnDOT construction projects and maintenance operations
Employees must understand product procurement and waste material re-use criteria.
- Under no circumstance will MnDOT accept hazardous wastes or hazardous substances from others for re-use or any other purpose.
- Refer to the MnDOT Approved/Qualified Products Process as described in the MnDOT Approved/Qualified Products Process Policy that applies to materials, products, and engineered systems for use on MnDOT property. Use of the process and lists assist MnDOT with the following:
- Preparing procurement specifications when a material, product or engineered system is on an existing Approved/Qualified Products List
- Understanding the procedure for using materials, products or engineered systems that are not on an existing Approved/Qualified Products List
- Understanding the procedure for evaluating new material, product or engineered system for possible inclusion on the Approved/Qualified Products List
- Consider potential use of research and development opportunities to provide additional information needed to evaluate use of the product or waste material.
The Office of Environmental Stewardship (OES) receives information from vendors for MnDOT consideration.
- OES evaluates materials, products or engineered systems for MnDOT use based on Minnesota law. Approvals from other states or governmental agencies do not replace MnDOT evaluation processes.
Information from vendors should include the following:
- Vendor information
- Vendor information
- Name of Company
- Technical Contact Name and Telephone Number Application Date
- Chemical status
- Provide Individual Chemical & Physical Properties; melting point EPA Method 830.7200), boiling point (830.7220), water solubility (830.7840), storage stability (830.6317), dissociation constant (830.7370), partition coefficient (830.7570), vapor pressure (830.7950), soil adsorption coefficient (835.1230), and hydrolysis (835.2130) or equivalent methods)
- Identify chemicals with molecular weights greater than 1000 Daltons (OECD Methods 118 or equivalent method)
- Proof that final product will not be a hazardous waste (EPA Toxicity Characteristic Leaching Procedure 1311 under current Minnesota Rules Chapter 7045.0131) if spilled or disposed of during product life cycle
- Provide Names and Chemical Abstract Services numbers (CAS numbers) of the reportable substances in the product (40 CFR 302)
- Test methods
The following product-specific information is required, if known. If information for a representative test is unknown, the application must indicate “unknown.”
- Hazardous solid waste
“Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” Environmental Protection Agency (EPA)
- EPA Waste's official compendium of analytical and sampling methods that have been evaluated and approved for use in complying with Resource Conservation and Recovery Act (RCRA) regulations
- Organization for Economic Cooperation and Development (OECD) product testing method information
- Chemical leaching
- EPA Synthetic Precipitation Leaching Procedure 1312 with subsequent analysis for product components or equivalent method
- Chemical biodegradation
- Ready biodegradability (EPA Method 835.3110)
- Aerobic mineralization (835.3190)
- Inherent biodegradability (835.3215)
- Soil biodegradation (835.3300)
- Aerobic soil metabolism (835.4100), or equivalent methods
- Chemical Ecotoxicity (harmful to the environment or a specific ecosystem)
- Include three trophic levels;
- Acute daphnia (water fleas) toxicity (EPA Method 850.1300)
- Fish early life stage toxicity (850.1400)
- Algae growth inhibition (850.5400)
- Terrestrial plants growth (850.4100)
- Earthworm acute toxicity (850.6200) or equivalent methods
- Other available test methods that provide individual chemical fate and pathway information may use the Organization for Economic Cooperation and Development methodology for product testing that may be acceptable in many cases.
- Include three trophic levels;
- Vendor information
The Office of Environmental Stewardship (OES) reviews information from vendors for MnDOT consideration.
Reviews the vendor information and makes a recommendation to the Approved/Qualified Products List primary contact based on the expected environmental performance.
Approved/Qualified Products Process (APL/QPL)
The approved/qualified products process and Approved/Qualified Products List, known as the APL/QPL Product Lists, apply to materials, products, and engineered systems for use on property owned by MnDOT.
A process to examine the environmental performance of a product or waste material for potential environmental impact and liability associated with their use on projects by MnDOT staff and contractors.
Environmental performance is a qualitative measure of the potential environmental liability associated with use of a product or re-use of a waste material.
A hazardous substance is a chemical, mixture of chemicals, or materials possessing a hazardous characteristic as described in Identification and Listing of Hazardous Waste, Part 261, Code of Federal Regulations.
“A hazardous waste means any refuse, sludge, or other waste material or combinations of refuse, sludge or other waste materials in solid, semisolid, liquid, or contained gaseous form which because of its quantity, concentration, or chemical, physical, or infectious characteristics may (a) cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or (b) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed.” Minnesota Statutes §116.06, subd. 11.
A material that is no longer suitable for its original intended purpose because of wear, damage, defect or a worthless or useless byproduct resulting from industrial, commercial, mining, agriculture, infrastructure, or community activities and includes contaminated soil, water, solids, semisolids, sludge, gas and solid waste.
MnDOT assigns responsibilities for certifying, decertifying and recertifying products on the Approved/Qualified Products List to the technical and specialty area, as per the MnDOT Approved/Qualified Products Process. The technical area establishes a process to coordinate its review with other offices:
Environmental Evaluation Team
- The Office of Environmental Stewardship reviews and makes a recommendation to the primary contact on the Approved/Qualified Products List. The OES team must determine whether the product or re-use waste material should be included or rejected based on expected environmental performance.
- For further information on hazardous waste, refer to MnDOT Hazardous Materials website.
Engineering Evaluation Team, Technical and Specialty Offices
- Reviews material aspects of vendor or engineered system supplier application and documents for completeness and notify vendor of any missing information.
- Reviews the vendor submittal and make a recommendation to the Approved Products List primary contact on whether the product or material should proceed with evaluation for potential inclusion on the Approved/Qualified Products List or rejected based on the expected engineering performance.
Q: Who pays for the testing required by the Hazard Evaluation Process?
A: The product vendor or manufacturer is responsible for all costs associated with testing requirements.
Q: Is this evaluation necessary if another state has approved a product or waste material?
A: Yes, MnDOT evaluates materials, products or engineered systems for use based on Minnesota law. An approval from other state does not replace the MnDOT Approved/Qualified Products Process.
Q: Are all product submittals to the MnDOT Approved/Qualified Products Process subject to HEP review?
A: No, only products or proposed reuse of waste materials that have a potential to release chemicals during application or long-term use of the material and that could result in contamination of the environment are evaluated with the MnDOT Hazard Evaluation Process.
Additional legal references:
Minnesota Statutes §115B.03, subd. 1, Responsible Person
Minnesota Statutes §115D, Toxic Pollution Prevention
Minnesota Statutes §116D.03, Action by state agencies regarding environmental planning
Minnesota Statutes §174.01, sub. 1 and 2(10), MnDOT planning and implementation of all modes of transportation are consistent with the environmental and energy goals of the state
Minnesota Statutes §174.03, subd. 6, Duties of the commissioner, “social, economic and environmental effects”
Office of Administrative Hearings for the Department of Transportation, OAH 03-3000-18088-2, in the Matter of the Petition of the Treated Wood Council for a Declaration that a Department of Transportation Memorandum Regarding a Hazard Evaluation Process of Products and Waste Materials Is an unadopted rule
Executive Order 03-04, Providing for the Continuation of Certain Executive Orders
Executive Order 99-4, Providing for the Implementation of Pollution Prevention and Resource Conservation by State Government
15 U.S.C. §2601 et seq. (1976), Toxic Substances Control Act provides the Environmental Protection Agency (EPA) with authority to require reporting, record-keeping and test requirements, and restrictions relating to chemical substances and/or mixtures
Effective date as signed by responsible senior officer.
Responsible Senior Officer
Susan M. Mulvihill, P.E.
Deputy Commissioner/Chief Engineer
Lynn Clarkowski, P.E.
Director, Office of Environmental Stewardship
Robert Edstrom, Ph.D.