If the architect or project engineer responsible for the construction of the building provides a statement indicating there is no asbestos-containing material in the school, does the local education agency (LEA) have to submit an asbestos management plan?

40 CFR part 763.99(a) of the asbestos in schools rule provides that an LEA “shall not be required to perform an inspection under §763.85(a) in any sampling area . . . or homogeneous area of a school building where: . . . (7) An architect or project engineer responsible for the construction of a new school building built after October 12, 1988, or an accredited inspector signs a statement that no ACBM was specified as a building material in any construction document for the building, or, to the best of his or her knowledge, no asbestos-containing building material (ACBM) was used as a building material in the building.” However, as this subsection goes on to clarify, this does not relinquish the requirement for the LEA to submit an asbestos management plan. All LEAs must submit asbestos management plans for all of their schools.

The asbestos management plan in this case (i.e., where no ACBM was specified or used as a building material) would contain:

• The “Exclusionary Statement” (for each school building) signed by the accredited inspector, or the architect or project engineer responsible for the construction of a new school building built after October 12, 1988, stating that no ACBM was specified or used as a building material (40 CFR part 763.99(a)(7)).
• The name, address and telephone number for the AHERA Designated Person (40 CFR part 763.93(e)(4)).
• The training records for the Asbestos Hazard Emergency Response Act (AHERA) Designated Person (i.e., course name, dates, and hours of training taken) (40 CFR part 763.93(e)(4)).
• A list of the name and address of each school building covered by the asbestos management plan and a statement that they do not contain ACBM (40 CFR part 763.93(e)(1)).
• A dated copy of each year’s annual notification of the asbestos management plan’s availability to parents, teachers and employees, along with a description of the steps taken to effect the notification (40 CFR part 763.93(g)(4)).
• A “True and Correct Statement” signed by the Designated Person which certifies that the general, local education agency responsibilities, as stipulated by 40 CFR part 763.84, have been met or will be met (40 CFR part 763.93(i)).
• The name of each consultant that contributed to the asbestos management plan, and a statement that each consultant is accredited by a state which has adopted a contractor accreditation program or is accredited by an EPA-approved course (40 CFR part 763.93(e)(12)).
• If required by the LEA, a statement signed by an accredited asbestos management plan developer that such a person has prepared or assisted in the preparation of the asbestos management plan or has reviewed such plan, and that such plan is in compliance with 40 CFR part 763, Subpart E (§ 763.93(f)).