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Ms. Linda Turkatte LTR*003/TXTKEH March 25, 1993 Page- 5 We received a copy of a memorandum dated January 19 , 1989, from the US EPA regarding LUST Trust Fund Cooperative Agreement Consolidation Guidelines and its attachment Directive Number 9650 .10. ("Directive" ) . We have assumed that California is bound by these guidelines. Section VI of the Directive provides in part that its policy is that, "When a release is discovered, States should first seek to identify the tank' s owner or operator and direct him to perform the clean up at his expense. " The Guidance provision of Section VI provides in part, "Although Congress intended that solvent owners and operators take responsibility for releases from their tanks . - - " (Emphasis added. ) . Under the Cost Recovery Directive Number 9610 . 10 from US EPA page 2 provides States with responsibility for "notification of responsibility to the owner or operator. " Page 8g Directive 9610 .10 provides policy that "Owners and operators are liable for all costs of corrective action and enforcement" . Thus, throughout the Federal obligations upon the states, both the owners and operators of underground tanks are responsible for clean up of petroleum released. ( 3) Summary of Federal Authority to Identify Union Oil as a Responsible Party. The State (and thus the County through the LOP) is authorized to exercise certain regulatory actions subject to certain limitations as set forth in 42 U. S.C. section 6991b (h) . A portion of this authority requires the "owner" or "operator" to "undertake corrective action with respect to any release of petroleum. " The corrective action mandates of the federal law does not restrict the US EPA or State authority to that over only "owners" ; in each subsection, the phrase "owners or operators" is repeatedly used. The cost recovery portion specifically uses this phrase as well. Thus, federal law authorizes the US EPA (and the State through a cooperative agreement and the local agency through the LOP contract) to enforce the federal UST laws and regulations against both owners and operators. Therefore, because Union Oil meets the federal definition of operator of an underground storage tank, the County is authorized by federal law to name "Union Oil Company of California" as an additional responsible party.