Section 2: Asbestos-Containing Materials
Anchor: #i1004986TxDOT’s Perspective (Overview)
Proposed right-of-way or easements may be encumbered by buildings or facility structures. Federal and state asbestos laws and regulations apply to the removal and disposal of obstructions including the remains of houses, foundations, floor slabs and basements. When required asbestos inspections, notifications, and abatement actions must be completed prior to the demolition or renovation of structures within the right-of-way. Although TxDOT Standard Specification, Item 100, Preparing Right of Way requires removal and disposal of all obstructions from the right-of-way and from designated easements, asbestos-related activities are to be completed prior to letting of the transportation construction contract. Asbestos services and demolition typically occur after the right-of-way or easements have been acquired. If not accomplished prior to letting, then asbestos-related activities associated with preparing the right-of-way should be agreed upon in a contract separate from that of roadway construction. Right of way structure asbestos remediation and demolition activities are generally handled through the ROW Division during the right of way acquisition process.
Inspection (Asbestos Survey): An asbestos inspection or survey is performed to determine the presence, location, condition and friability of ACM by visual or physical examination, or by collecting samples of such materials. An owner must have a thorough inspection performed prior to any renovation or dismantling within a public building, commercial building or facility, including preparations for partial or complete demolition. Asbestos inspections or surveys must be performed by an asbestos consultant with an asbestos inspector working for the firm.
Typically, an asbestos inspector will base their estimate of the required number of samples on the square footage of a building or structure. However, the true number of samples will depend upon the actual number of homogeneous areas encountered during the survey.
Asbestos Abatement Project Design (Abatement Specification): An asbestos abatement project design, specification for asbestos removal is typically required for most demolition. Asbestos abatement project design includes the following components:
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- Inspection, evaluation and selection of appropriate asbestos abatement methods Anchor: #JEYXEUGI
- Project layout; the preparation of plans, specifications and contract documents Anchor: #UOEXWXKR
- Review of environmental controls, abatement procedures and personal protection equipment employed during the project
Chapter 25 of the Texas Administrative Code (TAC) (25 TAC 295.34), requires that the project design to address friable ACM be prepared by either a licensed asbestos consultant for a school or public building, or by an accredited project designer for a commercial building. In a commercial building, non-friable material does not require a design but must be treated in accordance with National Emissions Standards for Hazardous Air Pollutants (NESHAP).
Ten (10) Day Notification: Notification is required for the demolition of any facility or public building, whether or not asbestos has been identified. In a facility, a notification to abate amounts described in NESHAP must be submitted to the DSHS by the facility owner and/or operator. If a licensed abatement contractor or consultant is not required, the task may be delegated to the demolition contractor. The notification may only be signed by the legal owner, his designated legal representative, the operator of the site, the licensed abatement contractor or a licensed consultant.
The DSHS Demolition/Renovation Form (APB #5) combines the notification requirements of NESHAP and Texas Asbestos Health Protection Rules (TAHPR). The notification form must be postmarked at least 10 working days (not calendar days) prior to the abatement project start date, except in the case of an emergency or ordered demolition. If asbestos abatement prior to demolition is not required, then only the 10-day notification to DSHS for demolition is required. A telephone facsimile (FAX) is not acceptable. Notification can also be made using the online Asbestos Notification System
Work must commence on the date shown on the notification. If there is a change in the start date, then an addendum must be sent to DSHS at least 10 working days prior to the revised start of work. Notifications that do not meet the 10-day requirement or are incomplete are considered to be improper and may result in enforcement proceedings.
Abatement and Monitoring: Asbestos abatement is the removal, encapsulation or enclosure of asbestos to reduce or eliminate airborne concentrations of asbestos fibers or amounts of ACM. Once the specification, if required, and proper notification have been completed, abatement can occur before performing the demolition or renovation activity.
Facility owners are required to abate all friable asbestos-containing building material (ACBM) or ACM which may become friable regulated asbestos-containing material (RACM) in accordance with NESHAP. Public building owners are required to abate friable and non-friable ACBM in accordance with NESHAP and TAHPR.
The asbestos abatement contractor is responsible for providing the proper temporary storage and final disposal of waste asbestos. A person must be licensed as an asbestos transporter to engage in the transport of asbestos in the state of Texas. All asbestos-containing waste material is to be delivered to an approved Texas Commission on Environmental Quality (TCEQ) facility (permitted landfill) for disposal or follow the regulations of the receiving state.
Demolition: Once any required abatement has been performed and notification has occurred, the structure can be demolished.
Anchor: #i1005822Owner Retention, Acquisition and Sale of Improvements
Three typical scenarios in which asbestos must be considered are routinely encountered during the right-of-way acquisition process:
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- Owner retention of the improvement Anchor: #CDUCRAJB
- TxDOT acquisition of improvement Anchor: #QLYUKUVT
- TxDOT acquisition and sale of improvement.
Owner Retention of Improvement Option: The first scenario is unique in that the real property acquisition does not include the improvements, typically residential structures. TxDOT property acquisition policy allows for owner retention of an improvement in return for a credit of the retention value of that improvement. For example, a residential property owner may elect to retain a house or mobile home and remove it from the property acquired by TxDOT. Under these circumstances, ownership of the improvement never passes to the State.
Demolition of residential structures may not be exempt from NESHAP once the land beneath the facility or structure is acquired by the State. TxDOT should notify the legal owner of the residential structure that demolition should not be performed on-site until it is confirmed that asbestos-related activities are performed by persons with the appropriate valid license, registration, accreditation, or approved exemption. Due to the additional requirements, it is doubtful that the legal owner of a residential structure will want to demolish the structure on-site.
TxDOT Acquires and Retains Ownership of Improvement Option: The second scenario results from any combination of circumstances by which TxDOT comes into actual ownership of a structure and must then take action to remove and dispose of the improvement. When TxDOT acquires ownership of the improvement, explicit responsibility for ACM rests solely with TxDOT.
Generally, TxDOT sells the acquired improvement, discussed in the following option. However, if TxDOT does not sell or transfer the legal ownership of the improvement, the inspection, notification, specification, abatement, and disposal of ACM in accordance with applicable requirements are incumbent upon TxDOT. When TxDOT decides to retain ownership of an improvement, a district should contract with an asbestos consultant to perform an asbestos inspection and/or survey. The same asbestos consultant can also be contracted to provide an abatement project design specification, if needed. It is generally more cost effective for a single consultant to conduct the asbestos survey, abatement project design, notification, independent third-party air monitoring, and final report.
TxDOT should confirm that any contractor or consultant performing asbestos-related activity on the right-of-way has the appropriate valid license, registration, and accreditation, or approved exemption. TxDOT should also request a copy of the completed notification form, and documentation that the form was received by DSHS, to confirm that notification requirements have been met.
TxDOT Acquires and Sells Ownership of Improvement Option: The third scenario results from circumstances similar to those of the earlier scenarios in which TxDOT becomes the owner of improvements such as public buildings and/or facilities. TxDOT's surplus property procedures include transferring the title or ownership of improvements to a purchaser. In this scenario, TxDOT does not perform the abatement on the improvement but sells the improvement outright by issuing an Invitation for Bid (IFB) to conduct a sale of improvement through the competitive bid process.
Anchor: #i1006254Options for Obtaining Asbestos Services
The ROW Division's procedures for dealing with asbestos in right-of-way structures are found in the ROW Manual, Volume 6. Additional information on obtaining asbestos services from consultants and contractors is provided in Chapter 6 (Hazardous Materials in Project Development).