| (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 to overturn related to the request for variance,
in accordance with §50.139 of this title (relating to Motion
to Overturn Executive Director's Decision).
(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 response action completion
report.
(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(0<6) , BW(6<18)
, and BW(18<30) );
(C) exposure duration for residents (ED.A.res, ED.C.res,
ED(0<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(0<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).
|
| Source Note: The provisions of this §350.74 adopted to be effective September 23, 1999, 24 TexReg 7436; amended to be effective March 19, 2007, 32 TexReg 1526; amended to be effective May 14, 2020, 45 TexReg 3130 |
