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:

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.