Proposed changes to the Minnesota Lead Poisoning Prevention Rules
The Minnesota Department of Health (MDH) suspended its current rulemaking efforts with regard to amending the Lead Poisoning Prevention Rules (Chapter 4761). MDH was not able to propose amendments to the lead statute (Chapter 144) during the 2011 legislative session. The significant changes within the rules presented conflicts with the current statute. Amending the statute is necessary to proceed in proposing the desired rule changes. In addition, MDH will need to obtain renewed authorization from the legislature to continue with its rulemaking since the original authorization expired on February 1, 2011.
On July 15, 2011, MDH reviewed EPA's Final Clearance Rule and found that MDH's enforcement authority will not meet EPA's enforcement penalty requirements of $5,000 per violation per day. Minnesota Statutes, section 144.99, subdivision 4, item (a) requires that an administrative penalty order imposing a penalty of not to exceed $10,000 for each violator for all violations by that violator identified in an inspection or compliance review. As a result, MDH will not expend any additional effort on amending the lead statute or rules at this time.
MDH anticipates future discussions with EPA Region Five in the coming months to evaluate whether or not MDH's current enforcement criteria would be acceptable to EPA. Those discussions will determine if MDH will introduce amended lead statute language for the 2013 legislative session and to seek reauthorized to continue lead rulemaking.
Please contact Nancy La Plante at firstname.lastname@example.org or call 651-201-4608 for any questions regarding the rulemaking process.