Tanks, containers, and surface impoundments storing soils that contain hazardous waste and that meet the alternative soil treatment standards in Section 268.49 for organic constituents are subject to the Subpart CC air emissions standards. Units storing hazardous soils are eligible for the LDR exemption from Subpart CC only when the VOCs meet the numerical concentrations specified in Section 268.40 or when the soil has been treated by a treatment technology established in Section 268.42(a) for the organic hazardous constituents in the soil. Wastes treated to a standard, such as the alternative soil treatment standards, which does not fully remove VOCs to the extent contemplated in creating the Subpart CC exemption remain subject to Subpart CC rules (62 FR 64636, 64645; December 8, 1997). Although the LDR exemption would not apply in this case, these soils may qualify for other exemptions from Subpart CC controls, such as the remediation waste exemption in Sections 264/265.1080(b)(5).
If an owner or operator treats D018 soil that is regulated under 40 CFR Parts 264/265 Subpart CC to meet the alternative soil treatment standards in Section 268.49, can this soil be managed in units that do not have Subpart CC controls?
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