OEBGDOverseas Environmental Baseline Guidance Document
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Finally, the DoD does not specify requirements for prioritizing the funding of environmental compliance standards in the FGS or OEBGD under any but the most dire circumstances.
Instruction 4715.5 and the OEBGD specify that compliance standards should be attained primarily through pollution prevention, so long as prevention is "economically advantageous and consistent with mission requirements." (86) The DoD created its pollution prevention regime through Instruction 4715.4--Pollution Prevention (1996) and the OEBGD (2007).
(94) The Instruction explicitly states that these policies do not apply to the substantive environmental requirements issued under Instruction 4715.5 and the OEBGD. (95) The Instruction, therefore, creates a remediation regime separate from compliance standards.
Although FGS, as determined by the OEBGD, do not generally apply to remediation of environmental problems caused by the DoD's "past activities," (124) the OEBGD provides for remediation in response to spills and leaks from underground storage tanks.
The OEBGD fails, however, to provide substantive standards for remediation.
The limitations of Instruction 4715.8 and the OEBGD thus have a detrimental effect on a host nation's ability to obtain remediation for environmental contamination caused by the DoD.
The DoD requires that EEAs and commanders consider applicable federal statutes with extraterritorial effect in developing FGS under Instruction 4715.5 and the OEBGD. (173) Two of the most important federal environmental statutes are NEPA (174) and CERCLA.
For instance, although DoD oversees environmental compliance policies, as stated in the OEBGD and FGS, do not apply to operational deployments, (258) the environmental annexes in operations plans that accompany such operations are subject to executive orders.
The express exemptions for military operations in many of the DoD's policies, as in Instruction 4715.5 and the OEBGD, (268) and the implied exemptions for operations that could be read into other policies, such as through the "participating nation exemption," (269) leave critical gaps in the regulation of much of the U.S.
(55.) Phelps, supra note 15, at 54-55; see also Hamilton, supra note 23, at 2 (noting that the OEBGD provides commanders at overseas military bases a "major measuring stick to use to begin to develop environmental programs").
[section]; OEBGD, supra note 52, [section] C1.1.
[section] 2.1.6; OEBGD, supra note 52, [section] C1.3.5.