Hazard Evaluation Process

MnDOT Policy #OE010
Revised: February 25, 2022
Reviewed: February 29, 2024

Please go to the MnDOT Org Chart to find specific contact information: Org Chart.

Responsible Senior Officer: Deputy Commissioner/Chief Engineer
Policy Owner: Director, Office of Environmental Stewardship
Policy Contact: Chief Toxicologist, Office of Environmental Stewardship

Policy statement

The Minnesota Department of Transportation (MnDOT) must use 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.

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 policy

Comply with environmental laws and regulations, including:

Reduce legal liability
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 properties and construction and maintenance projects.

Applicability

All MnDOT employees must comply with this policy.

Key stakeholders with responsibilities under this policy include:

Office of Environmental Stewardship - Environmental Evaluation Team
MnDOT APL/QPL Coordinator, Specialty Offices, Resident Construction Engineers

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.

Due Diligence for Hazard Evaluation

A process to examine the environmental performance of a product or waste material for potential environmental impact and liability associated with its use on projects and roadways by MnDOT staff and contractors.

Environmental Performance

A qualitative measure of the potential environmental liability associated with use of a product or re-use of a waste material.

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.

Responsibilities

Office of Environmental Stewardship - Environmental Evaluation Team

Determine which materials, products, or engineered systems require an environmental evaluation.
Evaluate materials, products, or engineered systems for MnDOT use based on Minnesota Law and the MnDOT Hazard Evaluation Process Procedures.
Report findings on the expected environmental performance to the APL/QPL Review Coordinator.
Store, retain, and dispose of HEP data and documentation according to the agency Record Retention Schedule.

MnDOT APL/QPL Coordinator, Specialty Offices, Resident Construction Engineers

Be aware of the Hazard Evaluation Process Policy and provide pertinent information to the Office of Environmental Stewardship for environmental evaluation when products are being considered for use on MnDOT property and construction and maintenance projects.

Policy Owner (Director, Office of Environmental Stewardship)

Review the policy every two years, or sooner as necessary, to ensure the policy remains up to date.
Ensure the procedures, other documents, and training associated with the policy remains current.
Monitor state, federal, enterprise, agency, or other requirements that apply to the policy or procedures.
Consult with the Office of Chief Counsel to ensure the policy and procedures remain compliant with all state, federal, enterprise, agency, or other requirements.
Ensure that necessary approvals by state or federal agencies are obtained before changes to the policy or procedures are implemented.
Work with the Policy Coordinator to revise the policy and/or confirm its accuracy.
Communicate policy revisions, reviews, and retirements to stakeholders.

Resources and related information

Processes, Procedures, and Instructions

Hazard Evaluation Process Procedures

Resources

MnDOT Approved/Qualified Products Lists
MnDOT Approved/Qualified Products Policy
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.

Business Data Catalog (BDC) – accessible from employee Intranet
MnDOT’s Policy Website

History and updates

Adopted

June 23, 2016

Revised

First Revision: February 25, 2022 (also renumbered as #OE010 from #OP010)

Policy Review

February 29, 2024: Added 3 policy owner responsibilities to match revised template.

This policy's next scheduled review is due February 2026.