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 ------- |