| (vii) all persons or organizations who have requested the notice or expressed interest; and (viii) other persons or organizations specified by the executive director. (F) The person shall provide copies of each notice sent by mail, copies of the published notice, and copies of the signed publisher's affidavit for the initial notice to the agency's Austin office and to the appropriate agency region office within 10 calendar days after the initial publication and mailing. Copies of the signed publisher's affidavits for the subsequent notices shall be provided to the agency's Austin office and to the appropriate agency region office within 10 days of both subsequent notices. (G) At the executive director's request, and at the expense of the person, the person shall schedule and hold a public meeting at a time and place which are convenient for persons identified in subparagraph (E) of this paragraph. The forum chosen for the meeting shall comply with the Americans with Disabilities Act. Prior to scheduling the public meeting, the person shall coordinate the scheduling of the public meeting with the executive director's office to ensure the availability of agency personnel for the meeting. The person shall confirm with the executive director's office the date, time, and location of the meeting not less than 15 days prior to the meeting. The meeting shall be open to the public to provide information on the request to vary the default exposure factors and to allow for comments by the public. The person shall again confirm with the executive director's office on the time and place of the meeting at least 72 hours prior to the meeting. (H) In order to inform persons of the public meeting, the person shall, at least 30 calendar days prior to the public meeting, follow the notification process required in subparagraphs (C)-(F) of this paragraph with the following exceptions: (i) the notice shall be supplemented to include the date, time, and location of the public meeting and to indicate that the meeting is open to the public for the purposes of providing information on the request to vary default exposure factors and to provide the public the opportunity to provide comments on the request; (ii) the notice shall indicate that the public shall have 15 calendar days after the date of the public meeting to submit written information to the executive director which demonstrates that the proposal for variance from the default exposure factors would be compatible or incompatible with existing neighboring land uses and preservation of the active and productive land use of the subject property; and (iii) the notice by publication of the public meeting shall only be published once and shall be placed in a Sunday edition, if available. (I) The executive director's decision on the request for a variance from the default exposure factors shall occur at least 15 calendar days after any public meeting or if no public meeting is held, at least 45 days after the date of the initial published notice. The executive director's decision shall be based upon property-specific data; historical, current, and probable future land use; redevelopment potential; and compatibility with surrounding land use. The executive director shall not consider the costs incurred for any actions taken by the person in anticipation that the variance would be approved by the executive director. (J) At the same time that the executive director's decision is mailed to the person requesting the variance, a copy of this decision shall also be mailed to all persons identified in subparagraph (E) of this paragraph. The notice of the executive director's decision shall explain the method for submitting a motion for reconsideration of the executive director's decision by the commission. (K) The person requesting the variance and persons identified in subparagraph (E) of this paragraph may file with the chief clerk a motion for reconsideration of the executive director's decision related to the request for variance, in accordance with §50.39(b)-(f) of this title (relating to Motion for Reconsideration), as amended. (L) A person who receives a variance from the default exposure factors shall comply with the institutional control requirements in §350.111(b),(b)(12) or (13) of this title (relating to Use of Institutional Controls), as applicable, and provide proof of compliance with the institutional control requirements within 90 days of the approval by the executive director of the RACR. (3) The person shall not vary the following exposure factors shown in the figure in subsection (a) of this section. (A) averaging time for residents for noncarcinogens (AT.A.res and AT.C.res) or carcinogens (ATc); (B) body weight for adults and children (BW.A, BW.C, BW(o<6) , BW(6<18) , and BW(18<30) ); (C) exposure duration for residents (ED.A.res, ED.C.res, ED(o<6) , ED(6<18) , and ED(18<30) ); (D) exposure frequency for residents (EF.res); (E) ingestion rate for soil, water, or vegetables (IRsoil.AgeAdj.res, IRsoil.C.res, IRsoil.w, IRw.AgeAdj.res, IRw.C.res, IRw.w, IRabg.AgeAdj.res, IRbg.AgeAdj.res, IRabg.C.res, IRbg.C.res); (F) toxicity modifying factor (MF); (G) skin surface area (SA.C.res, SA (o<6) , SA (6<18) , SA (18<30) , SA.w); (H) soil-to-skin adherence factors (AF.C.res, AF (0<6) , AF(6<18) , AF (18<30) , and AF.w). |
