1999 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 census tracts that are 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.    Lead standards and methods.  (a) The 
 commissioner shall adopt rules establishing lead hazard 
 reduction 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 differentiate between intact paint and deteriorated 
 paint.  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 directives 
 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 
 lead hazard reduction methods, paint stabilization, and 
 repainting.  

    (c) The commissioner of health shall adopt lead hazard 
 reduction 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 lead hazard reduction 
 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 lead hazard reduction 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 lead hazard reduction standards or methods 
 for lead in paint, dust, drinking water, or soil that require a 
 different lead hazard reduction 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. 

    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 lead abatement, lead hazard 
 reduction, lead hazard screens, or lead risk assessments.  The 
 commissioner shall require periodic renewal of licenses and 
 certificates and shall establish the renewal periods. 

    Subd. 4.    Lead training course.  The commissioner 
 shall establish by rule a permit fee to be paid by a training 
 course provider on application for a training course permit or 
 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.  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.  

    Subd. 6.    Program directives.  In order to achieve 
 statewide consistency in the application of lead abatement 
 standards, the commissioner shall issue program directives that 
 interpret the application of rules under this section in 
 ambiguous or unusual lead abatement situations.  These program 
 directives are guidelines to local boards of health.  The 
 commissioner shall periodically review lead abatement orders and 
 the program directives to determine if the rules under this 
 section need to be amended to reflect new understanding of lead 
 abatement practices and methods.  

    HIST: 1995 c 213 art 1 s 10; 1998 c 407 art 2 s 74-77