The Federal Asbestos Hazard Emergency Response Act (AHERA), 40 CFR 763.85(b), and the Environmental Protection Agency (EPA) require all public and nonpublic elementary and secondary schools to reinspect previously identified asbestos-containing building materials (ACBM) in all facilities every three years. This pertains to all buildings that are owned, leased, or otherwise used as a school building. The actual 2004 AHERA triennial reinspection process must be completed no later than July 9, 2004.

In conjunction with the AHERA triennial reinspection cycle, New York State public schools must submit an asbestos reporting form to the Commissioner of Education on a triennial basis (§3602-a of Chapter 53 of the Laws of 1990). The 2004 AHERA triennial reinspection reporting process to the State Education Department will be done electronically - independent of other reporting processes. The reporting format will largely consist of "YES/NO" questions. While prior reinspection reports were due in the October following the reinspection process, the exact reporting date for 2004 has not yet been determined.

Again - it is important to note that the AHERA triennial reinspection must be completed by July 9, 2004. The triennial reinspection is a federal requirement. Reporting the findings of the triennial reinspection is a New York State requirement and is totally separate from the reinspection process.

To assist you with the AHERA requirements, the EPA has posted information on asbestos in schools at the following web sites: http://www.epa.gov/asbestos/asbestos_in_schools.html

http://www.epa.gov/asbestos/aherarequirements.pdf ;http://www.epa.gov/asbestos/abcsfinal.pdf . For additional assistance on AHERA and the triennial reinspection requirement, please contact your local BOCES Health and Safety Coordinator or Laura Sahr at lsahr@mail.nysed.gov or 518-474-3906.