Rulemaking for Residential Lead Abatement

Revisor's ID: #4993

In its final rule effective January 2025, the U.S. Environmental Protection Agency (EPA) changed the dust-lead hazard standards (DLHS) used to determine if the levels of lead in dust are considered hazardous. (40 C.F.R. 745.65(b)) EPA also lowered the dust lead clearance levels (DLCL), which are the values used to determine when abatement work can be considered complete. (40 C.F.R. 745.227(e)(8)(viii)).

States that administer residential lead abatement programs funded by EPA, which includes Minnesota, must update their rules within two years of the effective date of EPA’s final DLHS and DLCL rules.

MDH has initiated a rulemaking to amend its rules governing Residential Lead Abatement in Minnesota Rules, Chapter 4761. The rulemaking process is governed by Minnesota Statutes, chapter 14 and Minnesota Rules, chapter 1400.

EPA’s final rule on this matter can be found at Reconsideration of the Dust-Lead Hazard Standards and Dust-Lead Post-Abatement Clearance Levels.

Goals

This rulemaking proposes to amend the rules in Chapter 4761 to:

• Update the DLHS values from 10 µg/ft² on floors and 100 µg/ft² on window sills to “any reportable level by an EPA-recognized laboratory” for both floors and window sills.
• Update the DLCL values from 10 µg/ft², 100 µg/ft² , and 400 µg/ft² for floors, window sills and troughs respectively, to 5 µg/ft², 40 µg/ft² , and 100 µg/ft² for floors, window sills and troughs.
• Update references to American Society for Testing and Materials documents.
• Make conforming amendments to the definitions of “abatement” and “affected property”.
• Update internal cross references.

Stay informed

Sign up for GovDelivery to receive email updates about this rulemaking. There will be a 60-day public comment period once the Request For Comments is published on the Minnesota State Register.

All proposed rule language, supporting documents, public meetings, and public comment opportunities will be posted on this webpage as soon as they are available.

How to comment

Once a rule is adopted, it has the force and effect of law, so it is critical that those who are potentially affected by the rule change have a voice in the process. The rulemaking process offers several opportunities for affected parties and the public to offer comments or concerns on rules. 

Comments or suggestions on proposed changes to Minnesota Rules, chapter 4761, may be submitted using the Public Comment - Residential Lead Abatement Rulemaking form. 

Rulemaking documents

Documents will be listed here when available.

Rulemaking contact 

Questions regarding the rulemaking process or the revised rules may be directed to:

Jacqueline Cavanagh
health.asbestos-lead@state.mn.us
651-201-4620