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Is a nursery/daycare center subject to the Asbestos Hazard Emergency Response Act (AHERA)?

Generally no. Nursery/daycare centers are generally not subject to AHERA because they generally do not fall within the definition of “school” under AHERA or the asbestos in schools rule. However, if a nursery/daycare center did fall within the definition of “school” (based on how a school is defined under state law), then all parts of the facility that would be considered a school building under 40 CFR part 763.83 would be covered.