COMMONWEALTH OF VIRGINIA
P.O. BOX 2120
RICHMOND, VIRGINIA 23218-2120
SUPTS. MEMO NO. 232
October 26, 2007
Billy K. Cannaday, Jr.
Superintendent of Public Instruction
Emergency Response Act (AHERA) -
of School Divisions
The purpose of this
memo is to advise you that the United States Environmental Protection Agency, Region
III, Pesticides Asbestos Programs and Enforcement Branch Waste and Management
Division, is enforcing the Federal AHERA laws in Virginia.
The Department of Education is reminding public school divisions of their
obligations and responsibilities with regards to these Federal requirements.
The rules that pertain to the AHERA laws are published in the Code of Federal
Regulations, Chapter 40, Part 763, Subpart E. These
rules may be obtained electronically through the U. S. Government Printing
Office Web page at http://www.gpoaccess.gov/cfr/index.html.
The AHERA rules
require schools (referred in AHERA as local education agencies) to designate
a LEA designee, whose job it is under the regulations to ensure their
implementation within the school system. A LEA designee may choose to obtain
the training needed to carry out this responsibility by attending an Asbestos
Inspector and Management Planner class taught by a training provider approved
by the Virginia Department of Professional and Occupational Regulation. Their Web
page is located at http://www.dpor.virginia.gov/dporweb/asb_main.cfm.
schools in Virginia
must provide AHERA oversight in the following key areas:
- Perform an original inspection on all
school buildings built prior to October 12, 1988, and document the
location of asbestos materials found in the building. Schools built after that date can have a
letter provided by the architect which certifies that no ACBM was
specified in the construction of the building.
- Develop, maintain, and update an
asbestos management plan and keep a copy at the school (new schools must
have a plan which certifies that they are asbestos free) and perform the
required re-inspection every three years for all schools which contain asbestos
- Provide yearly notification to parent,
teacher, and employee organizations regarding the availability of the
schools asbestos management plan and any asbestos actions taken or planned
in the school.
- Perform periodic surveillance of known
or suspected asbestos-containing building materials.
- Ensure that properly-accredited and/or
licensed professionals perform inspections and response actions, prepare
management plans, and are responsible for the planning and execution of
any asbestos abatement project.
- Provide custodial staff with asbestos
awareness training. An excellent resource is the EPAs asbestos in
schools Web page at:
Finally, should you
be contacted by the EPA Region III office for non-compliance in any area of the
AHERA regulations, we would advise you to take corrective actions immediately. Also, document
and keep up-to-date your three year re-inspections and perform any asbestos
work called for in a schools management plan. For additional information,
please contact Hunter.Barnes@doe.virginia.gov
or by telephone at (804) 225-2035.