Exclusion Letters

An exclusion statement is a written and signed statement: 

a) From an accredited inspector, the architect, or project engineer responsible for the construction of the new school building or renovations, which

b) States that no asbestos-containing building materials were specified or to the best of their knowledge used to build a school after October 12, 1988, and

c) Indicates if the exclusion is for the entire building or limited to an addition or renovated portion of the building. 

Statements written by General Contractors, Project Managers, or Sub-Contractors are not valid unless that person is also an accredited asbestos inspector, architect, or project engineer. 

Yes. Any person with current accreditation as an inspector (*Other asbestos regulation may apply.) under the AHERA Model Accreditation Plan can write an exclusion statement.

Yes. The school campus needs an AMP even with a valid exclusion statement. In addition, the Texas Asbestos Health Protection Rules (TAHPR) require an appropriately licensed asbestos management planner or licensed asbestos consultant develop the AMP (§296.56(a) and §296.58(b)(1)(D)).

The AMP should contain the following documentation:

• Exclusion statement from an accredited inspector (*Other asbestos regulation may apply.), architect, or project engineer
• Annual written notification to inform parents, teachers, and employee organizations of the availability of the AMP 
• Designated person information and signed statement
• Designated person training

AHERA requires Local Education Agencies to submit AMPs for new schools by email to AHERAHelp@dshs.texas.gov or by mail to the following address:

AHERA Program
Environmental Operations Branch - MC 2835
Texas Department of State Health Services
P.O. Box 149347
Austin, TX 78714-9347

Yes. Under the Texas Asbestos Health Protection Rules (TAHPR) §296.21(74), schools are public buildings. A person that develops an AMP for a public building in Texas needs either an asbestos management planner license (§296.56(a)) or an asbestos consultant license (§296.58(b)(1)(D)) issued by the Texas Department of State Health Services. This includes plans with valid exclusion statements.

With a valid exclusion statement, the area(s) specified are exempt from the following: 

• 6-month periodic surveillance
• 3-year reinspections
• Asbestos notifications to outside contractors
• Implementing an operations and maintenance program
• Custodial and maintenance staff asbestos awareness training

An exclusion statement does not exempt a school from all AHERA requirements. It also does not provide any exemption from the National Emissions Standard for Hazardous Air Pollutants (NESHAP) under 40 CFR 61, Subpart M, or the Texas Asbestos Health Protection Rules (TAHPR) under 25 TAC Chapter 296. NESHAP and TAHPR require a survey to determine the presence of asbestos before doing any renovations and/or demolitions in public buildings.

Yes. Under AHERA 763.93(a)(2), the local education agency must include the new building in the AMP for the school before its use as a school building. Submit any revised portions of the AMP to:  

AHERA Program
Environmental Operations Branch - MC 2835
Texas Department of State Health Services
P.O. Box 149347
Austin, TX 78714-9347

The following is an example of an exclusion statement that satisfies AHERA requirements.

Example:
I, John Doe, Architect (license #12345TX), was responsible for the design and construction of the new east wing at ABC Middle School, located at 123 Main Street, Anytown, TX. The date construction was completed is 01/01/2022. No asbestos containing building material (ACBM) was specified as a building material in any construction document for the building, and, to the best of my knowledge, no ACBM was used as a building material in the building. Signed: John Doe 
Date: 01/01/2022

Yes. A newly constructed addition to an existing building can have an exclusion statement. Also, the accredited inspector, (*Other asbestos regulations may apply.) architect, or project engineer can provide an exclusion statement for renovations. 
Only the new addition or area(s) outlined in the exclusion statement are exempt from the AHERA requirements as outlined in Question 5. 

No. The exclusion statement does not provide any exemptions to the pre-renovation survey required by the National Emissions Standard for Hazardous Air Pollutants (NESHAP) or the Texas Asbestos Health Protection Rules (TAHPR).