Hazardous Materials/Waste

Hazardous materials/waste are defined in Item 1 Article 3.60 Hazardous Materials or Waste of
TxDOT’s Standards Specifications
 (November 2014). Hazardous materials/waste include, but are not limited to:
  • Explosives
  • Compressed gas
  • Flammable liquids
  • Flammable solids
  • Combustible liquids
  • Oxidizers
  • Poisons
  • Radioactive materials
  • Corrosives
  • Etiological agents
  • Other materials classified as hazardous by Title 40 Code of Federal Regulations (CFR) – Part 261 (
    40 CFR 261
    ) or applicable state and federal regulations.
The term “hazardous materials” refers to a broad category of hazardous wastes, hazardous substances and toxic chemicals that can negatively impact human health or the environment. The presence or suspected presence of hazardous material that may potentially influence a project creates a multitude or problems affecting right-of-way acquisition, project development and construction.
The definition of “hazardous materials” also includes “chemicals of concern” as defined in Title 30 of the Texas Administrative Code (TAC) (
30 TAC 350
) – Texas Risk Reduction Program (TRRP), as well as any media (such as soil and water) contaminated by those chemicals of concern.
A “chemical of concern” is any chemical with the potential to adversely affect ecological or human receptors due to its concentration, distribution, and mode or toxicity. Depending upon the program area, chemicals of concern may include the following:
  • Solid waste, industrial solid waste, municipal solid waste, and hazardous waste as defined in the Texas Health and Safety Code 361.003, as amended, and the Texas Water Code 26.263, as amended.
  • Hazardous constituents as listed in 40 CFR 261 – Appendix VIII, as amended
  • Constituents on the groundwater monitoring list in 40 CFR 264 – Appendix IX, as amended.
  • Constituents as list in
    40 CFR 258
    – Appendices I and II, as amended
  • Pollutant as defined in Texas Water Code 26.001, as amended
  • Regulated substance as defined in Texas Water Code 26.342, as amended, and 30 TAC 334.2 (related to Definitions), as amended
  • Petroleum product as defined in Texas Water Code 26.342, as amended, and 30 TAC 334.122(b)(12) (related to Definitions for ASTs), as amended
  • Other substances as defined in Texas Water Code 26.039(a), as amended, and daughter products of the aforementioned constituents