6EPA
               United States
               Environment*! Protection
               Agency
            Office of
            Sot»d Waste and
            Emergency Response
DIRECTIVE NUMBER: 9432.01(84)

TITLE: Determination of Operator at the DOE Oak Ridge
     Facility
                    »

APPROVAL DATE: 1-27-84

EFFECTIVE DATE: 1-27-34

ORIGINATING OFFICE:  osw

ED FINAL

D DRAFT

 LEVEL OF DRAFT

   DA — Signed by AA or OAA
   D B — Signed by Office Director
   DC — Review & Comment

REFERENCE (other documents):
  OS WE Ft      OSWER      OSWER
ME   DIRECTIVE    DIRECTIVE   Dl

-------
PART 260  SUBPART B - DEFINITIONS
                                                DOC:  9432.01(84)
Key Words:

Regulations:

Subject:

Addressee:

Originator:

v
N
Source Doc:

Date:

Summary:
Federal Facilities

40 CFR 260.10

Determination of Operator at the DOE Oak Ridge Facility

James H. Scarbrough, Chief, Residuals Management Branch, Region IV

Bruce R. Weddle, Acting Director, Permits and State Programs
Division

#9432.01(84)

1-27-84
     A Regional office should decide who should be considered the operator of
a facility, based on application of the definition of "operator" in §260.10.
In making this decision, the Region should consider the role of the contractor
in making major decisions.  If the contractor has considerable autonomy to make
major decisions without DOE involvement, then the contractor could be considered
the operator.  If DOE retains responsibility for major decisions, then DOE
could be considered the operator.

-------
                                                          9432.01 (84)
                            JAM 2 7 19?--'


MEMORANDUM

SUBJECT*  Detanaination of Operator at-the DOE Oak Ridge Facility

FROMi      Bruce ft. Weddle, Acting Director
          Permits ana State Programs Division  (WH-563)

TOi        Jamea R. Searbrough, Chief
          Residuals Management Branch
          Rayion IV


     I am writing in response to your latter of December 30
regarding who should be the operator in the pending permit for~_
the DOB facility at Oak Hinge, Tennessee.  My staff has been in
contact with your staff and other UQ offices concerning the issues
in this case*  It is my understanding that the Office of General
Counsel has requested copies of the permit and related documents
and has asked your Office of Regional Counsel to delay any decisions
in this matter until OGC has reviewed these documents.  You should
also be advised that the generic  issue of contractors serving as
RCRA permittees has been raised in the negotiations between EPA
and DOB .Headquarters*  Ws will let you know of any developments
in tnese negotiations ano we urge you to keep us advised of
developments in the Oak Ridge.case.

     I have two general comments at this time regarding the Oak
Ridge operator issue.

     First, the decision aa to which party should be the
operator in the permit should be wade by the Regional Office,
baaed on application of the definition of "operator* in 5260.10.
As general guidance in such determinations, I suggest  that you
consider the role of the contractor in .making major decisions at
the facility.  If the contractor  has considerable autonomy to
ioake such decisions without DC2  involvement, then the  contractor
could be considered the operator.  If on the other hand, DOC
retains responsibility for major  decisions, then  coti could be
considered the operator,  obviously, there will be cases where
the contractor's  raaponsioility  is less precisely defined! in
those cases, tno  Region should exercise judgement given  tne
factual situation.  (CGC nay have additional guidances  in this
area following their review of the oak Ridge situation.  In par-
ticular, OGC will examine tne  contract lan-jua.jo and  «its manage-
ment practices at Oak Ridge in respect to the 5260.10  definition.)

-------
th*t you
is the "op*r*to
application
Permit
•ure whether
that such «n act
(Again, QGC
     Please  let
    this  issue.
cc»
           Luce to

                       ll
     *lth h^*^  tne  R«9i°n  "ay d'eny the 'DOB
            x"  is  not  resolved.   I suggest
                  eroination as  to who  ••
                  .   (This assumes that  the
              vith  RCRA  and is si.gnei by
"^y «ppe«l  M kfa« permittee objects to
 ^"Unda t  *^«««  conditions.  But I'M not
 1*1 »iai,, *° deny  the  perait and  I doubt
                  the  larger questions.
    --\*si«a\iona ln  this  ragar< provide additional assistance •

                                                   PBTGCMA

-------