2007 Minnesota Statutes

144.9508 RULES.
    Subdivision 1. Sampling and analysis. The commissioner shall adopt, by rule, methods for:
(1) lead inspections, lead hazard screens, lead risk assessments, and clearance inspections;
(2) environmental surveys of lead in paint, soil, dust, and drinking water to determine areas
at high risk for toxic lead exposure;
(3) soil sampling for soil used as replacement soil;
(4) drinking water sampling, which shall be done in accordance with lab certification
requirements and analytical techniques specified by Code of Federal Regulations, title 40,
section 141.89; and
(5) sampling to determine whether at least 25 percent of the soil samples collected from a
census tract within a standard metropolitan statistical area contain lead in concentrations that
exceed 100 parts per million.
    Subd. 2. Regulated lead work standards and methods. (a) The commissioner shall adopt
rules establishing regulated lead work standards and methods in accordance with the provisions of
this section, for lead in paint, dust, drinking water, and soil in a manner that protects public health
and the environment for all residences, including residences also used for a commercial purpose,
child care facilities, playgrounds, and schools.
(b) In the rules required by this section, the commissioner shall require lead hazard reduction
of intact paint only if the commissioner finds that the intact paint is on a chewable or lead-dust
producing surface that is a known source of actual lead exposure to a specific individual. The
commissioner shall prohibit methods that disperse lead dust into the air that could accumulate to a
level that would exceed the lead dust standard specified under this section. The commissioner
shall work cooperatively with the commissioner of administration to determine which lead
hazard reduction methods adopted under this section may be used for lead-safe practices
including prohibited practices, preparation, disposal, and cleanup. The commissioner shall work
cooperatively with the commissioner of the Pollution Control Agency to develop disposal
procedures. In adopting rules under this section, the commissioner shall require the best available
technology for regulated lead work methods, paint stabilization, and repainting.
(c) The commissioner of health shall adopt regulated lead work standards and methods for
lead in bare soil in a manner to protect public health and the environment. The commissioner
shall adopt a maximum standard of 100 parts of lead per million in bare soil. The commissioner
shall set a soil replacement standard not to exceed 25 parts of lead per million. Soil lead hazard
reduction methods shall focus on erosion control and covering of bare soil.
(d) The commissioner shall adopt regulated lead work standards and methods for lead in dust
in a manner to protect the public health and environment. Dust standards shall use a weight of
lead per area measure and include dust on the floor, on the window sills, and on window wells.
Lead hazard reduction methods for dust shall focus on dust removal and other practices which
minimize the formation of lead dust from paint, soil, or other sources.
(e) The commissioner shall adopt lead hazard reduction standards and methods for lead
in drinking water both at the tap and public water supply system or private well in a manner
to protect the public health and the environment. The commissioner may adopt the rules for
controlling lead in drinking water as contained in Code of Federal Regulations, title 40, part
141. Drinking water lead hazard reduction methods may include an educational approach of
minimizing lead exposure from lead in drinking water.
(f) The commissioner of the Pollution Control Agency shall adopt rules to ensure that
removal of exterior lead-based coatings from residences and steel structures by abrasive blasting
methods is conducted in a manner that protects health and the environment.
(g) All regulated lead work standards shall provide reasonable margins of safety that
are consistent with more than a summary review of scientific evidence and an emphasis on
overprotection rather than underprotection when the scientific evidence is ambiguous.
(h) No unit of local government shall have an ordinance or regulation governing regulated
lead work standards or methods for lead in paint, dust, drinking water, or soil that require a
different regulated lead work standard or method than the standards or methods established
under this section.
(i) Notwithstanding paragraph (h), the commissioner may approve the use by a unit of local
government of an innovative lead hazard reduction method which is consistent in approach
with methods established under this section.
(j) The commissioner shall adopt rules for issuing lead orders required under section
144.9504, rules for notification of abatement or interim control activities requirements, and other
rules necessary to implement sections 144.9501 to 144.9512.
    Subd. 2a. Lead standards for exterior surfaces and street dust. The commissioner may,
by rule, establish lead standards for exterior horizontal surfaces, concrete or other impervious
surfaces, and street dust on residential property to protect the public health and the environment.
    Subd. 3. Licensure and certification. The commissioner shall adopt rules to license lead
supervisors, lead workers, lead project designers, lead inspectors, and lead risk assessors. The
commissioner shall also adopt rules requiring certification of firms that perform regulated lead
work and rules requiring registration of lead sampling technicians. The commissioner shall require
periodic renewal of licenses, certificates, and registrations and shall establish the renewal periods.
    Subd. 4. Lead training course. The commissioner shall establish by rule requirements for
training course providers and the renewal period for each lead-related training course required for
certification or licensure. The commissioner shall establish criteria in rules for the content and
presentation of training courses intended to qualify trainees for licensure under subdivision 3. The
commissioner shall establish criteria in rules for the content and presentation of training courses
for lead interim control workers. Training course permit fees shall be nonrefundable and must be
submitted with each application in the amount of $500 for an initial training course, $250 for
renewal of a permit for an initial training course, $250 for a refresher training course, and $125
for renewal of a permit of a refresher training course.
    Subd. 5. Variances. In adopting the rules required under this section, the commissioner
shall provide variance procedures for any provision in rules adopted under this section, except
for the numerical standards for the concentrations of lead in paint, dust, bare soil, and drinking
water. A variance shall be considered only according to the procedures and criteria in Minnesota
Rules, parts 4717.7000 to 4717.7050.
    Subd. 6.[Repealed, 2001 c 205 art 1 s 43]
History: 1995 c 213 art 1 s 10; 1998 c 407 art 2 s 74-77; 2001 c 205 art 1 s 35-39; 2007 c
147 art 16 s 20