BAM Letter to the Minnesota Department of Health About Lead Rules

The following is a letter drafted to the Minnesota Department of Health

September 19, 2023

Dear Minnesota Department of Health,

The Builders Association of Minnesota (BAM) is writing to comment on the Proposed Permanent Rules Governing Lead Renovation, Repair, and Paint, dated July 12, 2023.

BAM represents nearly 1200 residential builders, remodelers, subcontractors, and industry partners across Minnesota. We understand the dangers and health effects of lead on children, and we are committed to working with the Department to develop effective rules to protect public health.

We have several concerns about the proposed rules. First, we believe that the Department should adopt the EPA’s Lead Renovation, Repair, and Painting (RRP) Rule by reference. This would simplify the rules and make them easier to understand and comply with. Thirteen other states have already adopted the EPA rule by reference, and we believe that Minnesota should do the same.

Second, we believe that the proposed rules are too prescriptive and burdensome. For example, the rules require that training classes have no more than 24 participants and that hands-on training courses have an instructor-to-student ratio of no more than 8 to 1. These requirements are more stringent than those for K-12 and higher education classes, and they will make it more difficult and expensive to train workers.

We are also concerned about the enforcement of the proposed rules. The rules are complex and contain a wide range of requirements. It is unclear how the Department will be able to enforce all these requirements statewide.

We urge the Department to reconsider the proposed rules and develop a new set of rules that are simpler, more flexible, and easier to enforce. We also urge the Department to increase stakeholder input and interagency cooperation in the rulemaking process.

Specifically, we recommend the following:

• Adopt the EPA’s RRP Rule by reference.
• Reduce the prescriptive nature of the rules and give more flexibility to contractors.
• Develop a clear and complete enforcement plan.

We are committed to working with the Department to develop effective rules to protect public health from lead exposure. We believe that the changes we have recommended will make the rules more workable for contractors and more effective in protecting the public.