Section 7: Hazardous Materials or Waste

Due to the nature and location of our projects, we have potential for interaction with hazardous materials and wastes before and during construction. Hazardous materials and wastes can be found in existing, adjacent, and proposed right-of-way. Studies are conducted during the project planning phases to identify potential hazardous material sources and locations and it is typically the Department’s goal to remove the hazardous materials within the right of way prior to letting a project. However, we occasionally incorporate the abatement into the construction contract and there are times we encounter unexpected hazardous materials during construction. Unless otherwise specified in the contract, hazardous materials or waste are defined in Section 1.3.60, "Hazardous Materials", of the
Standard Specifications
. Types of hazardous materials or wastes that can be encountered include, but are not limited to:
  • Asbestos-containing material lead & paint on structures
  • Petroleum/chemical contaminated soil and groundwater from leaking tanks and spills
  • Abandoned underground storage tanks ("ghost" tanks) and abandoned pipelines
  • Tire dumps and other waste disposal sites within proposed or existing right of way
In accordance with the
Standard Specifications
, TxDOT is responsible for testing and removing, or disposing of hazardous material not introduced by the contractor on sites owned or controlled by the Department unless the contractor is found to be willing and able to perform the work. Likewise, the contractor is responsible for testing and removing, or disposing of hazardous material introduced by the contractor onto the work locations. TxDOT is responsible for complying with hazardous materials and waste requirements on TxDOT-managed projects, including:
  • Ensuring contractor compliance with Article 6.10, "Hazardous Materials" of the
    Standard Specifications
    . The contractor must notify the Engineer when a visual observation or odor indicates that hazardous materials could be present on the project site, including existing materials onsite or materials that have been brought in. The Department must unsure that hazardous materials and waste are handled in accordance with specifications, and all applicable federal, state, and local laws, ordinances, and regulations.
  • Ensuring both TxDOT and the Contractor implement any preventative action plans (i.e. soil and groundwater management plans/SGMP) developed during the design stage for contamination anticipated during construction.
  • Ensuring that the contractor uses materials that are free from hazardous materials.
  • Developing and implementing procedures to manage unanticipated contamination that may be encountered during construction.
  • Suspending work until the hazardous materials incident is mitigated, as necessary to protect health and safety of TxDOT and contractor personnel and the public.
  • Documenting all actions taken regarding hazardous materials or waste from the time of discovery through resolution, including regulatory coordination as required.

Environmental Service Contracts

When known or potential contamination/waste issues are present on a project, the District may contact ENV to access standing environmental service contracts. ENV maintains statewide environmental consulting, engineering, and remediation contracts to assist with various hazardous materials issues. Alternately, when available and appropriate, districts may use their own environmental service contracts to address hazardous materials. Qualified environmental consultants and contractors can provide broad support, including:
  • Performing environmental investigations to identify chemicals of concern, delineate the vertical and horizontal extent of soil and groundwater contamination, determine groundwater properties, and identify the potential for vapor intrusion.
  • Assessing the potential for public/worker health and safety concerns.
  • Determining handling and disposal requirements for any contaminated oil, groundwater, or waste unearthed during construction.
  • Recommending preventive actions to avoid or minimize Department liability by preventing the spreading/exacerbating of contamination, and minimizing project delays
  • Developing soil and groundwater management plans and/or special specifications as needed to mitigate contamination and waste concerns.
  • Removal of Underground Storage Tanks (USTs), waste, contaminated soil or water, and abandoned pipelines that are in conflict with project activities.
Reference
ENV's Hazardous Materials in Project Development Manual
, available as part of the
Hazardous Materials Toolkit
, for additional information regarding Department procedures for handling hazardous materials during advanced planning, right-of-way acquisition, design, and construction.
The following sections describe common hazardous materials contamination and waste scenarios that might be occur before and during a construction project.

Hazardous Materials
Contamination and Waste Issues Identified Prior to Letting a Project

When possible, TxDOT should perform mitigation for known hazardous materials contamination or waste materials by using a specialty contractor prior to beginning work on a project. Mitigation work such as removal of underground storage tanks (USTs), removal of waste materials, and removal of contaminated soil often can be addressed prior to the start of construction. The Environmental Affairs Division (ENV) retains specialty contractors to performs this work. Contact ENV for technical assistance and to acquire the appropriate environmental service contracts.

Hazardous Materials Contamination and Waste Issues Identified Prior to Letting a Project where the project work activities are so intrinsic with the mitigation or abatement operations that the work cannot be separated.

When the mitigation or abatement of hazardous materials contamination or waste is so intrinsic with construction activities that the work cannot be separated, this work can be set up in the plans to be performed by the prime or a specialty sub-contractor. However, this method requires that the District Engineer acquire the approval of the Director of District Operations prior to including it in the plans.
The Director of District Operations will only consider including mitigation or abatement operations in the contrast bid documents when at least one of the following conditions are met:
  • Project work activities are so intrinsic with the mitigation or abatement operations that the work cannot be separated (e.g., There are abestos containing bearing pads in the structure that are attached, and removal will require demolition or lifting of the structure, or contaminated groundwater will be encountered during the instllation of storm sewer.
  • The mitigation or abatement operations will require additional lane/road closures that could be reduced if the prime contractor performed the work in conjunction with their other structure work. This criterion applies to high traffic volume locations where the impact to traffic is severe.
  • Having two separate contractors perform work creates excessive risk to the department (e.g., Coordination and timing would put the department at excessive risk for claims or additional risk would be generated for the public. It might also be the case that there are too many mobilizations needed, adding unnecessary cost for a separated contractor).
  • When it is determined that hazardous materials mitigation work will be included in the plans, district environmental, design, or other designated member of the project team should monitor the project to ensure that the following steps are taken.
  • Coordinate with ENV to retain an environmental consultant or engineer to prepare a detailed management plan (Soil & Groundwater Management Plan/SGMP) for handling contaminated soil, groundwater, or waste — to be included or referenced in the plans.
  • Coordinate with ENV, CST, and/or DES for special specifications, provisions, and other template documents to be included in the plans.
  • Consider phasing the work to minimize conflicts or delays due to hazardous materials or waste issues.
  • Consider conducting pre-bid/pre-construction conferences and/or partnering sessions to facilitate coordination between the prime contractor, environmental contractor, and consultants and minimize scheduling conflicts.
Note that bridge structure demolition or rehabilition projects with lead and asbestos issues often fir into the category of "intrinsic" contamination and are discussed in more detail below. Templates and example specfication language to assist with PS&E modifications directing the prime construction contractor to manage the hazardous materials can be found on the internal
ENV Hazmat Sharepoint
for PS&E issues.

Hazardous Materials Discovered During a Project

Despite efforts to identify hazardous materials issues early in project development, hazardous materials or wastes may be encountered unexpectedly during a highway project. Common unanticipated hazardous materials issues encountered during projects include:
  • unknown underground storage tanks (ghost tanks),
  • unusual odors or staining in soil,
  • sheens or petroleum/chemical odors in groundwater,
  • abandoned asbestos-cement water pipes,
  • fill material that includes waste, debris, or ash,
  • drums, containers, and other wastes that have been abandoned in the right of way
Article 6.10, "Hazardous Materials", of the
Standard Specification
 requires the contractor to notify the Engineer immediately when potential hazardous materials encountered. The Department is responsible for managing pre-existing hazardous materials. The Engineer must evaluate the situation and may suspend work in the affected area while the hazard is assesed and mitigated. When practical, the Engineer may relocate the contractor to another location on the construction project to avoid or minimize construction downtime. The following mechanisms are available to manage hazardous materials or wastes discovered during a project.
  • If there is an immediate threat of further release to the environment or a threat to the safety of workers or the public, the district should enlist an emergency response contractor to provide quick mitigation. For guidance on regulatory coordination, securing the site, and emergency response contracting, refer to the internal ENV Sharepoint "
    Response to Hazardous Materials Spills
    ".
  • For typhical non-emergency encounters with contaminated media or waste, district personnel may contact the ENV Hazardous Materials branch to activate an environmental contractor under statewide contract to assess the site and provide testing, removal, and disposal, as needed.
  • Alternately, the prime contractor may be used to manage non-emergency contamination/waste issues if they are willing and able (The term "able" means the prime contractor has the expertise, licensing, and insurance to perform the remediation. This method will require coordination with the Construction Division (CST) for verification of qualifications and filing of insurance certificates).
Regardless of the response mechanism, district construction personnel are responsible for monitoring and documenting the work, as well as costs attributable to hazaardous material issues. This information may be helpful for consideration of federal participation by Federal Highway Administration (FHWA), recovery of costs from responsible parties, and any claims or litigations that might arise. Contact ENV for technical guidance and consulting support to assist in managing unanticipated hazardous materials or waste issues.

Bridge Structure Demolition and Renovation Projects — Asbestos and Lead-Containing Paint Concerns

Asbestos Concerns
Bridge demolition and renovation projects must comply with EPA's Asbestos Demolition and Renovation Rule. Asbestos issues should be identified early in project development (prior to letting) to allow time to plan and execute abatement work in a manner that minimizes construction impacts and avoids project delays. To assure compliance, TxDOT must:
  • Identify all bridge demolition projects or renovation projects.
  • Inspect each project for Asbestos Containing Materials (ACM).
  • Submit the required notification form to the Department of State Health Services (DSHS) at least 10 working days prior commencing bridge demolition, even if asbestos is not present.
  • Amend the DSHS notifications if the demolition start date changes or if the completion date changes significantly.
  • Pay the required notification fee promptly upon receiving the invoice from DSHS.
  • Ensure a qualified abatement contractor is retained to abate any ACM which might be disturbed by project activities.
Refer to the guidance document "Asbestos Procedures for TxDOT Projects" for detailed guidance for addressing project asbestos issues, including inspections, notifications, and abatement. The guidance may be found on the internal TxDOT
ENV Hazardous Materials Sharepoint
.
Lead Paint Concerns
Lead compounds are often present in the indutrial grade coatings (paints and primers) applied to structural steel components on bridges and overpasses. Maintenance and demolition activities on steel structures may involve torch cutting, welding, or abrasive blasting on beams and other steel components that are coated with lead-containing paint. OSHA has determined that these activities have an especially high potential for emitting harmful concentrations of lead fumes or particles when lead-containing paint is present.
TxDOT standard specifications direct the contractor to assume coatings on existing steel contain hazardous materials (i.e. lead compounds) unless otherwise shown on the plans. However, when the concentration of lead in paint is known to be less than U.S. Consumer Product Safety Commission threshold for regulation as lead-containing paint in consumer products and toys (90 mg/kg or ppm), mitigation may not be necessary. ENV can assist with testing and guidance for managing lead paint on structures.
Lead-containing paint on steel is a pre-existing hazard. Therefore, when the work requires disturbing these coatings in a manner that could result in exposure exceeding OSHA permissible limits, TxDOT may need to perform lead-hazard mitigation outside of the construction contract. A separate abatement contractor, retained through ENV or District contracting mechanisms, can be used to strip back lead-containing paint at discreet locations prior to torch-cutting, welding, or similar lead-disturbing activities.
Painted steel removal and disposal requirements are addressed under Section 6.10.1, "Painted Steel Requirements", in the 2024 TxDOT
Standard Specifications
. In addition, the guidance document "Management of Lead-Containing Paint in TxDOT Construction Maintenance Projects" includes detailed guidance for identifying and managing lead paint on TxDOT projects and can be found on the internal
TxDOT ENV Hazardous Materials Sharepoint
.
Note that for bridge painting projects using the
Standard Specification
, Item 446 "Cleaning and Painting Steel", mitigation of hazardous materials concerns is addressed in the standard specification. Therefore, a separate contract for hazardous materials/lead abatement should not be needed for most bridge cleaning and painting projects.
Additional Considerations for Asbestos and Lead-Containing Paint Abatement Projects
Asbestos and lead-containing paint abatement work can be costly and take weeks or months to complete, especially for larger structures and projects with multiple structures requiring abatement. When abatement is performed outside of the construction contract, the TxDOT district will be responsible for identifying a funding source to pay for the abatement.
Note that separate, frequent lane closures may be required to perform lead and asbestos abatement work on highway structures. In addition, some common asbestos-contaning materials, such as felt bearing pads and joint materials may not be accessible prior to demolition. For demolition projects involving lead-containing paint, it may be difficult for the department to predict a contractor's preferred cut points for stripping back paint from steel prior to the project. In many such cases, the abatement work can be considered "intrinsic" to the project, and districts should consider including the abatement work in the project PS&E to be performed under the supervision of the prime contractor, in accordance with the procedures described above.
Surplus Materials
The contractor will take ownership of surplus materials unless otherwise shown on the plans or directed. TxDOT will ensure that the contractor removes, transport, and dispose of materials in accordance with federal, state, and local environmental regulations. If requested by the Engineer, the contractor must provide an appropriate level of documentation to verify proper transport and disposal.