103H.201 HEALTH RISK LIMITS.
Subdivision 1. Procedure.
(a) If groundwater quality monitoring results show that there is a
degradation of groundwater, the commissioner of health may promulgate health risk limits under
subdivision 2 for substances degrading the groundwater.
(b) Health risk limits shall be determined by two methods depending on their toxicological
(c) For systemic toxicants that are not carcinogens, the adopted health risk limits shall be
derived using United States Environmental Protection Agency risk assessment methods using a
reference dose, a drinking water equivalent, and a relative source contribution factor.
(d) For toxicants that are known or probable carcinogens, the adopted health risk limits
shall be derived from a quantitative estimate of the chemical's carcinogenic potency published
by the United States Environmental Protection Agency and determined by the commissioner to
have undergone thorough scientific review.
Subd. 2. Adoption.
(a) Health risk limits shall be adopted by rule.
(b) If the commissioner determines that emergency conditions exist and the public health and
welfare require the health risk limits to be adopted as soon as possible, the commissioner shall
promulgate the adopted health risk limits notwithstanding chapter 14 but the adopted health risk
limits adopted under this paragraph are only effective for one year.
Subd. 3. Review and revision.
(a) The commissioner shall review each adopted health
risk limit at least every four years.
(b) The commissioner may revise health risk limits under subdivision 2.
Subd. 4. Adoption of existing recommended allowable limits.
(a) Notwithstanding and
in lieu of subdivision 2, until November 1, 1994, the commissioner may adopt recommended
allowable limits, and related toxicological end points, established by the commissioner on or
before February 15, 1994, as health risk limits under this subdivision. Before a recommended
allowable limit is adopted as an adopted health risk limit under this subdivision, the commissioner
(1) publish in the State Register and disseminate through the Minnesota Extension Service
and through soil and water conservation districts notice of intent to adopt a recommended
allowable limit as an adopted health risk limit for specific substances and shall solicit information
on the health impacts of the substance;
(2) publish the recommended allowable limit in the State Register and disseminate through
the Minnesota Extension Service and through soil and water conservation districts allowing
60 days for public comment; and
(3) publish the adopted recommended allowable limit in the State Register and, at the same
time, make available a summary of the public comments received and the commissioner's
responses to the comments.
(b) A recommended allowable limit adopted by the commissioner as an adopted health risk
limit under this subdivision may be challenged in the manner provided in sections
(c) During the comment period under paragraph (a), clause (2), 25 or more persons may
submit a written request for a public hearing as provided under section
for any health
risk limits as adopted under this subdivision.
History: 1989 c 326 art 1 s 8; 1994 c 557 s 17,18