Hazard Evaluation Process
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. Products that present low risk of environmental impact are generally not subject to the HEP. 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
- Sustainability
- Environmental performance
- Potential future environmental liabilities
Reason for the HEP
- Comply with environmental laws and regulations, including:
- Toxic Substance Control Act (TSCA)
- Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
- Minnesota Environmental Response and Liability Act (MERLA)
- 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. MnDOT seeks to reduce the use of hazardous wastes or hazardous substances, and looks to alternative solutions, when possible.
- 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. Where possible, MnDOT looks for ways to reduce its environmental footprint.
Information needed from vendors for MnDOT consideration
- MnDOT 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.
- Unless otherwise specified on the specific APL requirements, the initial information from vendors should include the following:
- Vendor information
- Vendor information
- Name of Company
- Address
- Technical Contact Name and Telephone Number
- Technical Data Sheet for product
- Safety Data Sheet (SDS) for all components of the product; including names and Chemical Abstract Services numbers (CAS numbers) of the reportable substances in the product.
Additional information will likely be needed after the initial review of the product information. The type of product, including its complexity and how it is used, will dictate additional testing needed. Some product types have specific testing requirements, and they are listed in the qualification information on the product’s APL page. More information is generally required for products that are applied directly to the landscape or have the potential to escape to surface waters. Refer to the APL page for the product of interest, to determine if any HEP requirements are specified.
With their application, the Vendor is encouraged to supply any information or testing results that would assist in determining the fate or effects of the product when used on the landscape or after disposal. Results from standardized testing methods are preferred (e.g., EPA or OECD methods). Some examples of information that is helpful in evaluation is data pertaining to:
- Chemical status
- Chemical & Physical Properties: melting point, boiling point, water solubility, storage stability, dissociation constant, partition coefficient, vapor pressure, soil adsorption coefficient, and hydrolysis
- Identify chemicals with molecular weights greater than 1000 Daltons
- Proof that final product will not be a hazardous waste if spilled or disposed of during product life cycle (EPA Toxicity Characteristic Leaching Procedure 1311 under Minnesota Rules Chapter 7045.0131)
- Chemical leaching
- EPA Synthetic Precipitation Leaching Procedure 1312 with subsequent analysis for product components or equivalent method
- Chemical biodegradation
- Chemical Ecotoxicity (harmful to the environment or a specific ecosystem)
Links to methods are provided for convenience, but equivalent standardized methods can also be used.