Minnesota Department of Transportation

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MnDOT Policies

Hazard Evaluation Process Procedures

For Hazard Evaluation Process Policy #OE010

Revised: March 16, 2026

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Introduction

This document describes the procedures for implementation of the Minnesota Department of Transportation’s (MnDOT’s) Hazard Evaluation Process Policy.

Definitions

Approved/Qualified Products process

The process to approve or qualify products, materials, or engineered systems for use on MnDOT property and construction and maintenance projects.

Hazardous Substance

A chemical, mixture of chemicals, or material possessing a hazardous characteristic as described in Identification and Listing of Hazardous Waste, Part 261, Code of Federal Regulations.

Hazardous Waste

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).

Waste Material

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.

Procedures

  1. 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 Policy that applies to materials, products, and engineered systems for use on MnDOT property and construction and maintenance projects. Use of the process and product lists assist MnDOT with the following:
    • Consider potential use of research and development opportunities to provide additional information needed to evaluate use of the product or waste material.
  2. The Office of Environmental Stewardship (OES) receives information 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 provided to OES should include the following:
    • Manufacturer information
      • Name of Company
      • Address
      • Technical Contact Name and Telephone Number
    • Product information
      • Product trade name and chemical name, if applicable
      • Product Technical Data Sheet
      • Safety Data Sheets (SDS) for all chemicals in the product/waste material
    • 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 (EPA Method 835.1230); and hydrolysis (835.2130); or equivalent methods
      • Identify chemicals with molecular weights greater than 1000 Daltons (OECD Methods 118 or equivalent method)
      • Provide Names and Chemical Abstract Services numbers (CAS numbers) of the reportable substances in the product (40 CFR 302)
    • Product-specific testing information
      The following product-specific testing information is required, if known. If information for a representative test is unknown, it must be stated as such. Testing must follow standardized testing procedures, such as U.S. EPA SW-846 test methods, OECD test methods, or U.S. EPA Office of Chemical Safety and Pollution Prevention Harmonized Test Guidelines. The following analyses should be reported on laboratory letterhead and must include the test results and the quality control (QC) results of the analyses (such as detection limits, laboratory blanks, spikes, duplicates, or other test measurements as needed).
      • Proof that final product will not be a hazardous waste if spilled or disposed of during product life cycle under current Minnesota Rules Chapter 7045.0131
        • Chemical leaching with subsequent analysis for metals and RCRA regulated components
          • EPA Synthetic Precipitation Leaching Procedure 1312 with subsequent analysis for metals and product components
          • Toxicity Characteristic Leaching Procedure (TCLP, EPA method 1311) or Synthetic Precipitation Leaching Procedure (SPLP EPA method 1312)
          • Metals testing (EPA method 6010D or 6020B; EPA method 7470 is acceptable for mercury) - At a minimum, Arsenic (As), Barium (Ba), Cadmium (Cd), Chromium (Cr), Lead (Pb), Mercury (Hg), Selenium (Se), and Silver (Ag) must be tested. Depending on the product, other metals may need to be measured.
          • Volatiles (EPA method 8260D) or semi-volatiles (EPA method 8270E)
        • 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); at least three from the following
          • Acute toxicity testing, aquatic (Whole effluent toxicity methods)
            • Daphnia (2002.0, 2021.0)
            • Rainbow and brook trout (2019.0)
            • Fathead minnow (2000.0)
          • Chronic toxicity testing, aquatic (Whole effluent toxicity methods)
            • Algae growth inhibition (1003.0)
            • Daphnia survival and growth (1002.0)
          • Terrestrial toxicity testing (EPA series 850, groups B, C, and D)
            • Seedling emergence and growth (850.4100)
          • Honey bee toxicity (850.3020 or 850.3030)
          • Earthworm subchronic toxicity (850.3100) or equivalent methods
      • Other available test methods that provide individual chemical fate and pathway information.
  3. The Office of Environmental Stewardship (OES) reviews the information provided.
    OES reviews the information provided and provides a risk analysis based on environmental performance to the APL/QPL Review Coordinator.

Frequently Asked Questions

Who pays for the testing required by the Hazard Evaluation Process?

The product manufacturer is responsible for all costs associated with testing requirements.

Is this evaluation necessary if another state has approved a product or waste material?

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.

Are all product submittals to the MnDOT Approved/Qualified Products Process subject to HEP review?

No, only products or proposed reuse of waste materials that have a potential to release chemicals during application or long-term use of the product or material and that could result in contamination of the environment are evaluated with the MnDOT Hazard Evaluation Process.

Is the environmental review for a product, material or engineered system required when the respective item does not have an Approved/Qualified Products List?

Yes, a review by the Office of Environmental Stewardship is required.