Section 2: Asbestos-Containing Materials
TxDOT’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:- Inspection, evaluation and selection of appropriate asbestos abatement methods
- Project layout; the preparation of plans, specifications and contract documents
- 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
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.Owner 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:
- Owner retention of the improvement
- TxDOT acquisition of improvement
- 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. Options 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
(Hazardous Materials in Project Development).