Three typical scenarios in which asbestos must be considered are routinely encountered during the right-of-way acquisition process:

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.