Residential Lead Abatement Rule Revision

Minnesota Department of Health (MDH) has amended Minnesota Rules, 4761.2510, subpart 1. The amendments lower the dust-lead hazard standards (DLHS) and dust-lead clearance standards (DLCL) from 40 micrograms of per square foot (μg/ft2) to 10 μg/ft2 for floors, and from 250 μg/ft2 to 100 μg/ft2 for window sills. These changes are consistent with the Environmental Protection Agency’s (EPA) final rule 84 FR 32632, effective January 6, 2020 and final rule 86 FR 983, effective March 8, 2021.

Notice of Adoption, published on February 27, 2023 in the Minnesota State Register, Volume 47, Number 35 (Page 827)
Minnesota State Register Volume 47, Number 35 (PDF) (47 SR 101)
(The amendments will be effective on March 6, 2023, five working days after the publication of the Notice of Adoption.)

Revision documents

Adopted Rule as Filed with Secretary of State
Adopted Permanent Rules Relating to Residential Lead Abatement (PDF) (February 3, 2023)

Order Adopting Rule 
Adoption of Rules Governing Residential Lead Abatement, Minnesota Rules, 4761.2510 (PDF) (December 1, 2022)

Order on Review of Rules 
Order on Review of Rules - Report of Administrative Law Judge (PDF) (November 30, 2022)

Rule in the Form Last Submitted to the Administrative Law Judge 
Adopted Permanent Rules Relating to Lead Abatement (PDF) (September 28, 2022)

Notice of Intent to Adopt Rules Without a Public Hearing as published on August 15, 2022 in the Minnesota State Register Volume 47, Number 7 (Page 101)
Minnesota State Register Volume 47, Number 7 (PDF) (47 SR 101)
(Since the Department did not reach 25 requests for a hearing, no public hearing was held on this rulemaking matter.)

Proposed Rule Amendments 
Proposed Permanent Rules Governing Residential Lead Abatement (PDF) (May 23, 2022)
(Underline language is proposed new language, Strikeout language is language proposed to be removed)

Rule Certification Page
Rule Certification (PDF)

Notice of Intent to Adopt Rules Without a Public Hearing 
Notice of Intent to Adopt Rules Without a Public Hearing (PDF) (August 5, 2022)

Statement of Need and Reasonableness (SONAR)
Statement of Need and Reasonableness - Residential Lead Abatement (PDF) (August 5, 2022)

Requests for Comments as published on March 29, 2021, in the Minnesota State Register, Volume 45, Number 39 (Page 1057)
Minnesota State Register, Volume 45, Number 39 (PDF) (45 SR 1057)