Appendix 7_80-2Final11June2007.pdf

HEADQUARTERS

UNITED STATES EUROPEAN COMMAND

UNIT 30400

APO AE 09131

DIRECTIVE

NUMBER 80-2 11 June 2007

ENVIRONMENTAL SECURITY

Environmental Executive Agent Remediation Policy

1. Summary. This document defines Environmental Executive Agent (EEA) consultation procedures and, as required by Reference 5.a., establishes country-specific remediation policy, provides procedures to define the extent of remediation at contaminated sites, and provides procedures for negotiating with, and furnishing documentation to, host nation authorities.

2. Applicability. This procedure applies to remediation of environmental contamination by service components in the countries within the USEUCOM theater of operations which have DOD-designated Environmental Executive Agents. This policy does not apply to initial cleanup of spills accomplished in accordance with the Final Governing Standards established under Reference 5.b., or the removal of contaminated material which is incidental to construction projects. This policy does not apply to remediation covered by requirements in environmental annexes to USEUCOM operational plans, component operational plans, and similar operational directives.

3. Internal Control Systems. This directive does not contain internal control provisions and is subject to the requirements of the internal management control programs of the individual components. For HQ USEUCOM and subordinate joint activities, the applicable internal control directive is ED 50-8, Managers' Internal Management Control Program.

4. Suggested Improvements. The proponent of this Directive is the Environmental Function of the USEUCOM Engineering Office, Logistics and Security Assistance Directorate. Suggested improvements should be forwarded to HQ USEUCOM, ATTN: ECJ4-EN, Unit 30400, APO AE 09131.

This Directive supersedes ED 80-2, dated 23 August 1999.

5. References.

ED 80-2 11 June 2007

a. DOD Directive 5530.3, 11 Jun 87, “International Agreements.”

b. DOD Directive 7000.14-R, “DOD Financial Management Regulation.”

c. DOD Instruction 4715.5, 22 Apr 96, “DOD Policy for Management of Environmental

Compliance at Overseas Installations.”

d. DOD Instruction 4715.8, 02 Feb 98, “Environmental Remediation for DOD Activities Overseas.”

6. Explanation of Terms.

a. Contaminated Site. A specific area, polluted by petroleum, oil, and lubricants (POL) or hazardous substances.

b. Contamination. The presence of contaminants in the environment or in mixtures with the environmental media (soil, water or air) in concentrations higher than those generally recognized to be a de minimus threat to human health or the environment. Concentration levels of substances considered to be a threat to human health or the environment will be identified from applicable standards on a case-by-case basis. Host nation legislation or the local jurisdiction in which the installation is located, or DOD imposed standards could be a source of information to establish standards.

c. DOD Medical Authority. A component’s medical authority responsible for preventive medicine or bio-environmental engineering.

d. Remediation. Actions taken at a contaminated site to abate the effects of environmental contamination on human health and safety and operations.

e. Negotiating. Formal discussions with appropriate host nation authorities regarding the scope of required remedial measures. Those discussions will generally reflect a coordination of component-selected remediation methods or standards with local-level host nation authorities.

The discussions may also reflect negotiations with national-level host nation authorities leading to a formal agreement between the parties regarding required remedial measures. Such negotiations are governed by References 5.a. and 5.b; care must be exercised to ensure compliance with the policy and procedures reflected therein.

f. Risk Assessment. Quantitative or qualitative evaluation of the potential for harm to human health and safety from a contaminated site that examines all probable migration routes, contaminant concentrations, and human exposure potential.

g. Risk Management. The process of making informed decisions about actions that must be taken at a contaminated site, using factors such as risk assessments, mission impacts, economics, political climate, host nation considerations, legal requirements, available remediation methods, and time constraints.

11 June 2007 ED 80-2

h. DOD Components. The military departments and DOD agencies as defined in Reference

5.a. operating within the EUCOM area of responsibility.

i. Spill. A spill is a release of petroleum, oil, and lubricants (POL) or hazardous substances to soil or water resulting from current operations.

j. Hazardous Substances. Any hazardous materials or hazardous wastes that can pose a substantial or potential threat to human health or the environment as defined by the applicable country-specific Final Governing Standard (FGS) established under Reference 5.c.

k. Environmental Executive Agent (EEA). The DOD Component identified by OSD as the Executive Agent for environmental matters for particular nations within the USEUCOM area of responsibility. The roles and responsibilities may be delegated by the EEA to a subordinate command within its component. Reference 5.d, para 4.2.3, specifies the responsibilities of each EEA regarding environmental remediation.

7. Responsibilities.

a. HQ USEUCOM: Maintains this document by collecting and issuing the general and country-specific remediation policies.

b. Environmental Executive Agents: Submit to HQ USEUCOM the remediation policy specific to each host nation where they have responsibility and provide updates to the policy, when necessary.

c. EUCOM Service Components: Comply with the procedures reflected in this document when performing remediation of a contaminated site.

8. Policies and Procedures.

a. The host country Environmental Executive Agent (EEA) must be consulted when a component anticipates a remediation action in that country. This consultation will include the component’s initial assessment of whether the remediation action is based on:

(1) A known imminent and substantial endangerment (KISE) to human health and safety

(2) The necessity to maintain operations or protect human health and safety (MOSH)

(3) An obligation under an international agreement (IA)

(a) If the component believes that the basis of remediation action may be a KISE, consultation with the EEA is conducted by the most appropriate and expeditious means available under the circumstances. An abbreviated version of the decision document described below, including the opinion of the DOD medical authority, will be prepared for the record by the component.

(b) If the component determines that the basis for the remediation action is necessary to MOSH or is an obligation under an IA, the component then prepares a decision document with a recommended course of action and submits it to the EEA for consultation. This document must address the following categories of information and be in the format found in Appendix A:

• An assessment of the risk—including methodologies used

• Impacts to human health and safety or mission

• Proposed cleanup goals, and recommended remediation methods, with alternatives to remediation considered

• Host nation considerations (including any consultations with the host nation)

• Risk Management considerations

• Time constraints

• For remediation actions based on an IA, a legal determination that the requirement is mandatory and arises from a binding international agreement that pertains to US military operating rights in the host country

• Other pertinent information

b. Within 45 days of receipt, the EEA will review the decision document. The EEA may consult with the component to obtain any clarification required in its review. The EEA will review the decision document to verify compliance with current DOD policy. The results of that review will be expressed as the EEA final determination. The component may appeal the EEA’s determination to USEUCOM for review and final determination. The point of contact for the submission of appeals is the USEUCOM Engineer Office, Logistics and Security Assistance Directorate (ECJ4-EN).

c. In coordination with the EEA, the component may furnish documentation on contaminated sites to host nation government officials upon request, or may authorize release of the documentation by the appropriate authority.

d. The component will consult with the EEA prior to entering into negotiations with host nation government officials regarding the potential remediation of a contaminated site.

e. In addition to the above general policies and procedures, refer to the following country-specific appendices and Reference 5.a. for additional remediation policy and/or procedural requirements.

f. To ensure prompt responses are made to media queries concerning specific remediation efforts, ECPA should be kept informed of ongoing efforts within the EUCOM AOR.

FOR THE COMMANDER:

WILLIAM D. CATTO

Major General, USMC Chief of Staff

OFFICIAL:

William L. Kiser Chief, Support Services

APPENDIXES – Country-Specific Remediation Policy and Procedural Requirements:

A – Decision Document Format B. – Ascension Island C. – Azores D. – Belgium E – Germany F – Greece G – Greenland H – Iceland I – Italy J – Netherlands K – Spain L – Turkey M – United Kingdom

DISTRIBUTION:

P+

Joint Staff/J4-ILED Pentagon Washington DC 20318-4000

HQ USAREUR

Unit 29351

APO AE 09014

Installation Management Command - Europe Region (IMCOM-Europe)

ATTN: IMEU-PWD-E

Unit 29353

APO AE 09014

COMMANDER, NAVY REGION EUROPE (CNRE)

ATTN: Environmental Program Director PSC 817 Box 51

FPO AE 09622-051

HQ USAFE/A7CVR

Unit 3050 Box 10

APO AE 09094

Headquarters, Air Force Space Command Office of the Civil Engineer ATTN: Environmental Division 150 Vandenberg Street, Suite 1105 Peterson AFB CO 80914-4150

DRMS Forward Support Team Europe Unit 29263, Box 2000

APO AE 09096

Appendix A

Decision Document Format

This format will be used to justify and document decisions involving remediation on installations in USEUCOM’s area of responsibility. Components will consult with the applicable DOD Environmental Executive Agent (EEA) whenever remediation actions are anticipated on their installations.

Unique Title/ Component/Service number for internal tracking:

Service

1. Project Description:

o Site Location o Brief history of site (contaminant found, cause of contamination, when contamination caused, etc.)

o Source of contaminants and extent (if known) (dates and results) o Contaminants of concern o Investigations performed (dates and results) o Any other pertinent information (i.e.: is it located in a groundwater protection zone, contamination expected to/has migrated off the installation, etc.)

o Applicability:

□ Action not incidental to construction (i.e., minimal soil contaminated within construction footprint)

□ Contamination is US caused

□ Action not covered under FGS (i.e., spill response)

2. Justification: (Should be one of the following and stated in the cover letter or forwarding memo.)

a.) KISE -- “Prompt action must be taken to remedy ‘subject’ contaminated site, because of DOD operations, which created a known imminent and substantial endangerment to human health and safety, or prompt action must be taken to remedy ‘subject’ environmental contamination, caused by DOD operations and the contamination is located or is emanating from the site, which is a DOD-owned, -used, or -leased installation.” (Provide signed statement from Service Medical Authority supporting the KISE justification.)

b.) MOSH -- “The Installation Commander or Installation Environmental Protection Committee or

Environmental Safety and Occupational Health Council Chairman has determined that remedial action measures are required beyond those that are necessary to remedy known imminent and substantial endangerment to human health and safety in order to maintain operations or to protect human health and safety at the Installation or off the Installation.” (Provide signed statement from the Installation Commander or designated representative supporting operational and/or health and safety necessity.)

c.) International Agreement -- “The Installation Commander or other identified official has determined that funding environmental remediation is required by the provisions of an applicable international agreement.”

(Provide signed statement from Service legal counsel supporting the legal necessity.)

3. Time Constraints: (Are there host nation imposed or programming constraints? If so, include proposed start date.)

4. Risk Assessment Executive Summary:

o Contaminants of Concern o Pathways

A-1 o Receptors o Methodology (Can be limited to one sentence stating the source of the methodology; for example, Bundesbodenschutzgesetz, EPA, or Dutch protocol) o Conclusion (including impacts to human health and safety) Provide adequate background information to justify health and safety necessity if using MOSH to justify the remedial action.

5. Mission Impacts and Host Nation Considerations: Provide signed statement as mentioned paragraph 2.b., i.e. justification for MOSH, to justify the operational necessity for remedial action. Include any host nation considerations for consultation and/or expected challenges in dealing with host nation authorities.

6. Proposed Cleanup Goals: This may be in tabular format. At a minimum include the following:

Contaminant/Maximum Contaminant Concentration Encountered/Source of established cleanup goal (regulatory authorities or host nation law)/Required Clean-up Level

7. Alternatives to Remediation Considered: Discuss any alternatives to remedial action that were considered such as relocation of the operation, change in mission, etc. Summarize each and include a timeline, if appropriate.

8. Recommended Remediation Method:

o Remediation Method Selected: Explain why this method was chosen over the alternatives and the projected timeline to reach the cleanup goal.

o Other remediation methods considered (include reason for non-selection). Must consider at a minimum one other remediation method.

9. Risk Management Considerations (ED 80-2, Section 8.a(2)): Health and safety; economics; technical;

operations; politics; information management plans/risk communication proposals; and extent of contamination including possible migration off-site (if data available)

APPENDICES: Below are suggested appendices to the decision document

Appendix A: Pertinent Correspondence (if Applicable) o Signed letters referred to under Section 2, Justification (if available). (a) Service Medical Opinion for KISE justification; (b) Installation Commander statement of operational necessity or health and safety need and why; or

(c) Service legal counsel statement that proposed action is required based on an international agreement and why.

o Pertinent host nation correspondence

Appendix B: Figure(s) (e.g., Supporting diagrams, photos, cost/budget constraints/numbers, etc)

Appendix C: Cost Estimate for Proposed Remedial Action (optional)

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Appendix B

Ascension Island

1. General: The information contained in this Appendix refers only to remediation procedures within Ascension Island. The Environmental Executive Agent (EEA) for Ascension Island is USAF Space Command. Issues regarding remediation at DOD installations in Ascension Island should be directed to:

ATTN: Environmental Division DSN: 692-6926 150 Vandenberg Street, Suite 1105 Commercial: 719-554-6929 Peterson AFB, CO 80914-4150 Fax: 692-3849/719-554-3849

2. Currently applicable and relevant international agreements: The following international agreement should be carefully reviewed to determine the obligation of US Forces to remediate contaminated sites: 1956 Bahamas Long Range Proving Ground: Establishment of Additional Sites in Ascension Island

3. Defining the appropriate level of remediation: The appropriate level of remediation is dependent on site-specific circumstances. Primary considerations in determining the appropriate level of remediation are either known imminent and substantial endangerments (KISE) to human health and safety, or maintaining operations or protecting human health and safety (MOSH). Consultation with the EEA is required before any commitment is made regarding the extent of remediation to be performed at a contaminated site.

4. Negotiating with the host nation: Negotiations with the host nation (government of Ascension Island, the United Kingdom Foreign and Commonwealth Office) may take place at the following levels, each of which has its own coordination requirements. In general, the US Commander for the Ascension Island installation serves as the liaison with national authorities and the contact with local authorities and civil leaders.

a. Local Level Negotiations/Discussions: Negotiations/discussions with host nation authorities will be conducted by the appropriate US military authority for the Ascension Island, after consultation with the responsible MAJCOM and the designated EEA, subsequent to those actions involving initial notification and response to releases (spills).

b. National Level Negotiations: The Air Force MAJCOM, in conjunction with the designated EEA and the US military authority at Ascension Island in coordination with subordinate units and the UK Foreign and Commonwealth Office, determine the proper procedures for environmental negotiations with the host nation.

5. Furnishing documentation to the host nation: The furnishing of documentation to the host nation should be handled by the responsible commander. When providing documentation regarding contamination on or emanating from DOD installations the local commander must obtain approval from the Air Force MAJCOM, who in turn will coordinate with the EEA.

6. Information regarding closing installations: The servicing Environmental Management Office shall permanently maintain information on contaminated sites caused by DOD operations within the Command.

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Appendix C

Azores

1. General: The Environmental Executive Agent (EEA) for the Azores has been delegated from COMUSAFE to HQ USAFE/CV. Issues regarding remediation at DOD installations in the Azores should be directed to:

HQ USAFE/A7CVR DSN: 480-3072

Unit 3050, Box 10 Commercial: 0049-6371-47-3072 APO AE 09094 Fax: 480-9528/0049-6371-47-9528

2. Currently applicable and relevant international agreements: The following international agreements should be carefully reviewed to determine the obligation of US Forces to remediate contaminated sites:

a. Agreement Between the Parties to the North Atlantic Treaty Regarding the Status of Forces, 19 Jun 51

(NATO SOFA).

b. Agreement on Cooperation and Defense Between the United States and Portugal: Technical Agreement

3. Defining the appropriate level of remediation: The appropriate level of remediation is dependent on site-specific circumstances. Primary considerations in determining the appropriate level of remediation are either known imminent and substantial endangerments (KISE) to human health and safety, or maintaining operations or protecting human health and safety (MOSH). Consultation with the EEA is required before any commitment is made regarding the extent of remediation to be performed at a contaminated site.

4. Negotiating with the host nation: Negotiations with the host nation (Portuguese MOD or Azorean authorities) may take place at the following levels, each of which has its own coordination requirements. In general, the US Forces Installation Commander serves as the liaison with national authorities (Incl. Portuguese MOD) and the contact with local authorities and civil leaders.

a. Local Level Negotiations/Discussions: Negotiations/discussions with host nation authorities will be conducted by the appropriate US military authority at Lajes Field, after consultation with the responsible MAJCOM and the designated EEA, subsequent to those actions involving initial notification and response to releases (spills).

b. National Level Negotiations: The Air Force MAJCOM, in conjunction with the designated EEA and the US military authority at Lajes Field, determine the proper procedures for environmental negotiations with the host nation.

5. Furnishing documentation to the host nation: The furnishing of documentation to the host nation should be handled by the responsible commander. When providing documentation regarding contamination on or emanating from DOD installations the local commander must obtain approval from the Air Force MAJCOM, who in turn will coordinate with the EEA.

6. Information regarding closing installations: Information relating to environmental contamination at closing bases is maintained by the appropriate authority at Lajes Field in coordination with the EEA, until the location is returned to the host nation and all claims or other issues relating to contamination are finally resolved.

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Appendix D

Belgium

1. General: The information contained in this Appendix refers only to remediation procedures within the Kingdom of Belgium. The Environmental Executive Agent (EEA) for Belgium is IMCOM-Europe. Issues regarding remediation at DOD installations in the Kingdom of Belgium should be directed to:

ATTN: IMEU-PWD-E DSN 370-6465/7819

Unit 29353 Commercial: 0049-6221 57 6465/7819 APO AE 09014 Fax: 370-8693/0049 6221-57-8693

Copy furnished to:

Northern Law Center (Mons) HQ 21st Theater Support Command (TSC) Unit 21420

APO AE 09705

2. Currently applicable and relevant international agreements: The following international agreements should be carefully reviewed to determine the obligation of US Forces to remediate contaminated sites.

a. Agreement Between the Parties to the North Atlantic Treaty Regarding the Status of Forces, 19 Jun 51

b. Agreement on the Status of the North Atlantic Treaty Organization, National Representatives and International Staff (Ottawa 1951).

c. Protocol on the Status of International Headquarters set up pursuant to the North Atlantic Treaty (Paris 1952).

d. 1967 Agreement between SHAPE and the Kingdom of Belgium regarding the establishment of SHAPE (SHAPE-Belgium Agreement)

e. 1967 Exchange of Letters between SHAPE and Belgium on Chievres Air Base; 1967 MOU between SHAPE and the NATO/SHAPE Support Group on Chievres Air Base

3. Defining the appropriate level of remediation: The appropriate level of remediation is dependent on site-specific circumstances. Considerations in determining the appropriate level of remediation include associated risks to protect receptors, projected future use of the site, operational requirements, and available funding. An essential part of a site’s assessment is the review of different remediation alternatives in the context of the above considerations. Consultation with the EEA is required before any commitment is made regarding the extent of remediation to be performed at a contaminated site.

4. Negotiating with the host nation: Negotiations with the host nation may take place at the following levels, each of which has its own coordination requirements:

a. Local Level Negotiations/Discussions: The Air Force MAJCOM or Army IMCOM-Europe Regional Environmental Coordinator determines the proper procedures for base environmental management office negotiations at the local level, subsequent to those actions involving initial notification and response to releases (spills).

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b. National Level Negotiations: Negotiations with Belgian authorities will be conducted by the appropriate US military authority at Major Command (Army and Air Force) after consultation with the EEA. Army coordination shall include coordination with the Commander, US Army Garrison, Chievres , the Office of Defense Cooperation BELUX (at the American Embassy, Brussels), the Northern Law Center (21st TSC), and the American Embassy in Brussels.

5. Furnishing documentation to the host nation: The furnishing of documentation to the host nation should be handled by the responsible commander. When providing documentation regarding contamination on or emanating from DOD installations the local commander must obtain approval from the Air Force MAJCOM or Army IMCOM-Europe Regional Environmental Coordinator, who in turn will coordinate with the EEA. For the Army in all above instances coordination with the Northern Law Center (21st TSC) is required as part of these efforts.

6. Information regarding closing installations: Information on contaminated sites caused by DOD operations shall be maintained within the Command by the servicing Environmental Management Office. Prior to the expiration of the five-year records retirement requirement, the US Army Claims Service, Europe and the Northern Law Center (21st TSC) should be notified of the unit’s intent to retire or destroy records pertaining to contaminated sites and these records shall be made available to the US Army Claims Service, Europe and the Northern Law Center at their request. For the Army all documents shall be archived prior to closure per ACSIM/IMA policy.

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Appendix E

Germany

1. General: The information contained in this Appendix refers only to remediation procedures within the Federal Republic of Germany and its states (Länder). The Environmental Executive Agent (EEA) for the Federal Republic of Germany is IMCOM-Europe. Issues regarding remediation at DOD installations in the Federal Republic of Germany should be directed to:

2. Currently applicable and relevant international agreements: The revised Supplementary Agreement to the NATO SOFA (promulgated in the German Federal Law Gazette [BGB1 1994 II S.2594 ff.] on 12 Oct 94) became effective on 29 Mar 98. Article 53, para 1 of the Supplementary Agreement states: “German law shall apply to the use of such accommodation except as provided in the present Agreement and other international agreements, and as regards the organization, internal functioning and management of the force and its civilian component, the members thereof and their dependents, and other internal matters which have no foreseeable effect on the rights of third parties or on adjoining communities or the general public.”

3. Defining the appropriate level of remediation: Shall be guided by the following major German Federal and Länder (state) laws which serve as a framework for soil and groundwater remediation in German states containing US Forces installations:

a. Federal Republic:

(1) Strafgesetzbuch (German Criminal Code), para 324, “Gewässerverunreinigung” (Pollution of Waters) and para 324a, “Bodenverunreinigung” (Pollution of the Ground);

(2) Wasserhaushaltsgesetz (Water Management Law), para 22 (Liability for Changing the Quality of Waters) (12 Nov 96);

(3) Kreislaufwirtschafts – und Abfallgesetz (Waste Avoidance, Recovery and Disposal Law) (27 Sep 94);

(4) Bundesbodenschutzgesetz (Federal Soil Protection Law) (17 Mar 98);

(5) Bundesimmissionsschutzgesetz (Federal Emission Protection Law) (14 May 90).

b. State:

(1) Baden-Wuerttemberg: Gesetz zum Schutz vor schädlichen Bodenverunreinigungen und zur Sanierung von Altlasten (Soil Protection and Remediation Law) (27 Mar 98 / 09 Sep 01); Wassergesetz fuer Baden-Wuerttemberg (Baden-Wuerttemberg Water Law) (01 Jan 99 / 14 Dec 04)

(2) Bayern: Bayerisches Abfallwirtschafts – und Altlastengesetz (Bavarian Waste Management and Contaminated Sites Law) (09 Aug 96); Bayerisches Wassergesetz (Bavarian Water Law)(19 Jul 94);

(3) Hessen: Hessisches Altlastengesetz (Hessian Contaminated Sites Law) (20 Dec 94); Hessisches Wassergesetz (Hessian Water Law) (06 Jul 60/ 18 Dec 02);

(4) Rheinland-Pfalz: Landesabfallwirtschafts – und Altlastengesetz (State Waste Management and Contaminated Sites Law) (02 Apr 98); Landeswassergesetz fuer das Land Baden-Wuerttemberg (Water

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Law for Baden-Wuerttemberg) (22 Jan 04).

The appropriate level of remediation is dependent on site circumstances. Considerations in determining the appropriate level of remediation include associated risks to protect receptors, projected future use of the site, operational requirements, and available funding. An essential part of a site’s assessment is the review of different remediation alternatives in the context of the above considerations. Consultation with the EEA is required before any commitment is made regarding the extent of remediation to be performed at a contaminated site.

4. Negotiating with the host nation: Negotiations with the host nation may take place at the following levels, negotiations at the local level, subsequent to those actions involving initial notification and response to

b. National Level Negotiations: Negotiations with German authorities will be conducted by the appropriate

US military authority at Major Command (Army and Air Force) after consultation with the EEA, and with the approval of, the CGUSAREUR Liaison Office and the American Embassy in Berlin.

5. Furnishing documentation to the host nation: The furnishing of documentation to the host nation should be handled by the responsible commander. When providing documentation regarding contamination on or emanating from DOD installations, the local commander must obtain approval from the Air Force MAJCOM or Army IMCOM-Europe Regional Environmental Coordinator, who in turn will coordinate with the EEA.

Typically for the Army documentation shall be accomplished in accordance with USAREUR Regulation 550-140 when contacts are being made between the US Forces and Länder governments and German federal agencies operating at Länder level. Initial contacts with German federal agencies will be accomplished from the appropriate DOD Component’s staff element through the EEA to the CGUSAREUR Liaison Office at the American Embassy in Berlin. Contacts between units under a DOD Component Commander and local authorities shall be accomplished with the knowledge of the EEA or his designated representative. HQ USAFE is a designated representative of the EEA with respect to Air Force units.

6. Information regarding closing installations: Information on contaminated sites caused by DOD operations shall be maintained within the Command by the servicing Environmental Management Office. Prior to the expiration of the five-year records retirement requirement, the US Army Claims Service, Europe should be notified of the unit’s intent to retire or destroy records pertaining to contaminated sites and these records shall be made available to the US Army Claims Service, Europe at the latter’s request. For the Army all documents shall be archived prior to closure per ACSIM/IMA policy.

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Appendix F

Greece

1. General: The Environmental Executive Agent (EEA) for Greece is COMMANDER, NAVY REGION EUROPE (CNRE). Issues regarding remediation at DOD installations in Greece should be directed to:

COMMANDER, NAVY REGION EUROPE (CNRE) DSN: 626-7715

PSC 817 Box 112 Commercial: 39-081-568-7715 FPO AE 09622-0112 Fax: 39-081-568-4346

2. Currently applicable and relevant international agreements: The following international agreements should be carefully reviewed to determine the obligation of US Forces to remediate contaminated sites.

a. Agreement Between the Parties to the North Atlantic Treaty Regarding the Status of Forces, 19 Jun 51 (NATO SOFA).

b. Mutual Defense Cooperation Agreement Between the Government of the United States of America and the Government of the Hellenic Republic, 08 Jul 90.

3. Defining the appropriate level of remediation: The appropriate level of remediation is dependent on site-specific circumstances. Primary considerations in determining the appropriate level of remediation are either known imminent and substantial endangerment’s (KISE) to human health and safety, or maintaining operations or protecting human health and safety (MOSH). Consultation with the EEA is required before any commitment is made regarding the extent of remediation to be performed at a contaminated site.

4. Negotiating with the host nation: Negotiations with Greek authorities regarding remediation of contaminated sites will be conducted by the appropriate US military authority at Major Command (Army and Air Force) or Regional Environmental Coordinator (Navy), after consultation with the EEA. All negotiations with Greek authorities will be conducted under the cognizance or involvement of the installation’s Greek Commander. The Greek Commander is the formal representative of the installation and serves as the liaison with national authorities and the contact with local authorities and local external military and civil entities.

5. Furnishing documentation to the host nation: Requests for documentation from host nation authorities should be referred to the installation’s Greek Commander. Upon request by the Greek Commander, service components will coordinate with the EEA to provide documentation regarding contamination on or emanating from DOD installations.

6. Information regarding closing installations: Information relating to environmental contamination at closing bases is maintained by the appropriate authority at Major Command (Army and Air Force) or Regional Environmental Coordinator (Navy), in coordination with the EEA, until the location is returned to the host nation and all claims or other issues relating to contamination are finally resolved.

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Appendix G

Greenland

1. General: The information contained in this Appendix refers only to remediation procedures within Greenland. The Environmental Executive Agent (EEA) for Greenland is USAF Space Command. Issues regarding remediation at DOD installations in Greenland should be directed to:

ATTN: Environmental Division DSN: 692-6926 150 Vandenberg Street, Suite 1105 Commercial: 719-554-6929 Peterson AFB, CO 80914-4150 Fax: 692-3849/719-554-3849

2. Currently applicable and relevant international agreements: The following international agreements should be carefully reviewed to determine the obligation of US Forces to remediate contaminated sites.

a. Agreement Concerning the Defense of Greenland, 27 Apr 51

b. 1979 Agreement Concerning the Disposal of US Salvage, Surplus or Excess Equipment and Supplies at USAF Aerospace Defense Command Bases and Sites in Greenland, 10 Mar 79

c. Protocol Amending the Agreement, Effective 10 Mar 79, Concerning the Disposal of United States Salvage, Surplus or Excess Equipment and Supplies at USAF Bases (Thule AB) and other sites in Greenland, 06 Aug 87

d. Memorandum of Understanding Between the Government of the United States of America and the Government of the Kingdom of Denmark (Including the Home Rule Government of Greenland) Concerning the Dundas Area, 20 Feb 03

3. Defining the appropriate level of remediation: The appropriate level of remediation is dependent on site-specific circumstances. Primary considerations in determining the appropriate level of remediation are either known imminent and substantial endangerments (KISE) to human health and safety, or maintaining operations or protecting human health and safety (MOSH). Consultation with the EEA is required before any commitment is made regarding the extent of remediation to be performed at a contaminated site.

4. Negotiating with the host nation: Negotiations with the host nation (local government of Greenland and Danish authorities) may take place at the following levels, each of which has its own coordination requirements. In general, the US Commander for installations in Greenland serves as the liaison with national authorities and the contact with local authorities and civil leaders.

a. Local Level Negotiations/Discussions: Negotiations/discussions with host nation authorities will be conducted by the appropriate US military authority for the Greenland, after consultation with the responsible MAJCOM and the designated EEA, subsequent to those actions involving initial notification and

b. National Level Negotiations: The Air Force MAJCOM, in conjunction with the designated EEA and the US military authority at Greenland in coordination with subordinate units and the American Embassy in Copenhagen, determine the proper procedures for environmental negotiations with the host nation and the Danish MOD.

5. Furnishing documentation to the host nation: The furnishing of documentation to the host nation should be handled by the responsible commander. When providing documentation regarding contamination on or

G-1 emanating from DOD installations the local commander must obtain approval from the Air Force MAJCOM, who in turn will coordinate with the EEA.

6. Information regarding closing installations: The servicing Environmental Management Office shall permanently maintain information on contaminated sites caused by DOD operations within the Command.

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Appendix H

Iceland

1. General: The Environmental Executive Agent for Iceland is COMMANDER, NAVY REGION EUROPE (CNRE). Issues regarding remediation at DOD installations in Iceland should be directed to:

2. Currently applicable and relevant international agreements: The following international agreements should be carefully reviewed to determine the obligation of US Forces to remediate contaminated sites:

a. The Defense Agreement between the Government of Iceland and the Government of the United

States of America, 05 May 51.

b. Agreement Between the Government of the United States of America and the Government of the

Republic of Iceland Regarding the Withdrawal of US Forces From and the Return to Iceland of Certain Agreed Areas and Facilities in Iceland, 28 Sep 06.

3. Defining the appropriate level of remediation: The appropriate level of remediation is dependent on site-specific circumstances. Primary considerations in determining the appropriate level of remediation are either known imminent and substantial endangerments (KISE) to human health and safety, or maintaining operations or protecting human health and safety (MOSH). Consultation with the Environmental Executive Agent is required before any commitment is made regarding the extent of remediation to be performed at a contaminated site.

4. Negotiating with the host nation: Negotiations with Icelandic authorities regarding remediation of contaminated sites will be conducted by the CNRE.

5. Furnishing documentation to the host nation: Requests for documentation from host nation authorities should be referred to CNRE regarding contamination on or emanating from DOD installations.

6. Information regarding closing installations: Information relating to environmental contamination at closing bases is maintained by CNRE, until the location is returned to the host nation and all claims or other issues relating to contamination are finally resolved.

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Appendix I

Italy

1. General: The Environmental Executive Agent (EEA) for Italy is COMMANDER, NAVY REGION EUROPE (CNRE). Issues regarding remediation at DOD installations in Italy should be directed to:

2. Currently applicable and relevant international agreements: The following international agreements should be carefully reviewed to determine the obligation of US Forces to remediate contaminated sites.

a. Agreement Between the Parties to the North Atlantic Treaty Regarding the Status of Forces, 19 Jun 51 (NATO SOFA).

b. Agreement Between the United States of America and the Italian Republic Regarding Bilateral

Infrastructure in Implementation of Article III of the North Atlantic Treaty, 20 Oct 54

(CLASSIFIED).

c. Technical Arrangement for each US Military Installation negotiated pursuant to the Memorandum of Understanding Between the Ministry of Defense of the Republic of Italy and the Department of Defense of the United States of America Concerning Use of Installations/Infrastructure by US Forces in Italy (“Shell Agreement”), 02 Feb 95.

3. Defining the appropriate level of remediation: The appropriate level of remediation is dependent on site-specific circumstances. Primary considerations in determining the appropriate level of remediation are either known imminent and substantial endangerment’s (KISE) to human health and safety, or maintaining operations or protecting human health and safety (MOSH). Consultation with the EEA is required before any commitment is made regarding the extent of remediation to be performed at a contaminated site.

4. Negotiating with the host nation: Negotiations with Italy authorities regarding remediation of contaminated sites will be conducted by the appropriate US military authority at Major Command (Army and Air Force) or Regional Environmental Coordinator (Navy), after consultation with the EEA. All negotiations with Italian authorities will be conducted under the cognizance or involvement of the appropriate Italian Commander for the installation. The Italian Commander is the formal representative of the installation and serves as the liaison with national authorities and the contact with local authorities and local external military and civil entities.

5. Furnishing documentation to the host nation: Requests for documentation from host nation authorities should be referred to the appropriate Italian Commander for the installation. Upon request by the Italian Commander, service components will coordinate with the EEA to provide documentation regarding contamination on or emanating from DOD installations.

6. Information regarding closing installations: Information relating to environmental contamination at closing bases is maintained by the appropriate authority at Major Command (Army and Air Force) or Regional Environmental Coordinator (Navy), in coordination with the EEA, until the location is returned to the host

I-1

Appendix J

The Netherlands

1. General: The information contained in this Appendix refers only to remediation procedures within the Kingdom of the Netherlands. The Environmental Executive Agent (EEA) for the Netherlands is IMCOM-Europe. Issues regarding remediation at DOD installations in the Kingdom of the Netherlands should be directed to:

2. Currently applicable and relevant international agreements: The following international agreements should

a. Agreement Between the Parties to the North Atlantic Treaty Regarding the Status of Forces, 19 Jun 51

(NATO SOFA).

b. The United States-Netherlands Exchange of Notes and Annex concerning implementation in The Netherlands of the Agreement signed in London on 19 Jun 51, Between the Parties to the North Atlantic Treaty Regarding the Status of Their Forces, dated 13 Aug 54.

3. Defining the appropriate level of remediation: The appropriate level of remediation is dependent on site-specific circumstances. Considerations in determining the appropriate level of remediation include associated risks to protect receptors, projected future use of the site, operational requirements, and available funding. An essential part of a site’s assessment is the review of different remediation alternatives in the context of the above considerations. Consultation with the EEA is required before any commitment is made regarding the extent of remediation to be performed at a contaminated site.

4. Negotiating with the host nation: Negotiations with the host nation may take place at the following levels, negotiations at the local level, subsequent to those actions involving initial notification and response to

b. National Level Negotiations: Negotiations with Dutch authorities will be conducted by the appropriate US military authority at Major Command (Army and Air Force) after consultation with the EEA and the American Embassy in The Hague.

5. Furnishing documentation to the host nation: The furnishing of documentation to the host nation should be handled by the responsible commander. When providing documentation regarding contamination on or emanating from DOD installations, the local commander must obtain approval from the Air Force MAJCOM or Army IMCOM-Europe Regional Environmental Coordinator, who in turn will coordinate with the EEA and the American Embassy in The Hague.

6. Information regarding closing installations: Information on contaminated sites caused by DOD operations shall be maintained within the Command by the servicing Environmental Management Office. Prior to the expiration of the five-year records retirement requirement, the US Army Claims Service, Europe should be notified of the unit’s intent to retire or destroy records pertaining to contaminated sites and these records shall be made

J-1 available to the US Army Claims Service, Europe at the latter’s request. For the Army all documents shall be archived prior to closure per ACSIM/IMA policy.

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Appendix K

Spain

1. General: The Environmental Executive Agent (EEA) for Spain is COMMANDER, NAVY REGION EUROPE (CNRE). Issues regarding remediation at DOD installations in Spain should be directed to:

COMMANDER, NAVY REGION EUROPE (CNRE) DSN: 626-7715

PSC 817 Box 112 Commercial: 39-081-568-7715 FPO AE 09622-0112 Fax: 39-081-568-4346

2. Currently applicable and relevant international agreements: The following international agreements should

a. Agreement Between the Parties to the North Atlantic Treaty Regarding the Status of Forces, 19 Jun 51

b. Agreement of Defense Cooperation between United States of America and Kingdom of Spain, 01 Dec 88.

3. Defining the appropriate level of remediation: The appropriate level of remediation is dependent on site-specific circumstances. Primary considerations in determining the appropriate level of remediation are either known imminent and substantial endangerment’s (KISE) to human health and safety, or maintaining operations or protecting human health and safety (MOSH). Consultation with the EEA is required before any commitment is made regarding the extent of remediation to be performed at a contaminated site.

4. Negotiating with the host nation: Negotiations with Spanish authorities regarding remediation of contaminated sites will be conducted by the appropriate US military authority at Major Command (Army and Air Force) or Regional Environmental Coordinator (Navy), after consultation with the EEA. All negotiations with Spanish authorities will be conducted under the cognizance or involvement of the installation’s Spanish Commander. The Spanish Commander is the formal representative of the installation and serves as the liaison with national authorities and the contact with local authorities and local external military and civil entities.

5. Furnishing documentation to the host nation: Requests for documentation from host nation authorities should be referred to the installation’s Spanish Commander. Upon request by the Spanish Commander, service components will coordinate with the EEA to provide documentation regarding contamination on or emanating from DOD installations.

6. Information regarding closing installations: Information relating to environmental contamination at closing bases is maintained by the appropriate authority at Major Command (Army and Air Force) or Regional Environmental Coordinator (Navy), in coordination with the EEA, until the location is returned to the host nation and all claims or other issues relating to contamination are finally resolved.

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K-2

Appendix L

Republic of Turkey

1. General: The Environmental Executive Agent (EEA) for the Republic of Turkey has been delegated from COMUSAFE to HQ USAFE/CV. Issues regarding remediation at DOD installations in the Republic of Turkey should be directed to:

HQ USAFE/A7CVR DSN: 480-3072

Unit 3050, Box 10 Commercial: 0049-6371-47-3072 APO AE 09094 Fax: 480-9528/0049-6371-47-9528

2. Currently applicable and relevant international agreements: The following international agreements should

a. Agreement Between the Parties to the North Atlantic Treaty Regarding the Status of Forces, 19 Jun 51

b. Agreement for Cooperation on Defense and Economy Between the Governments of the United States of America and of the Republic of Turkey in Accordance With Articles II and III or the North Atlantic Treaty, 29 Mar 80, and Supplementary Agreement Number 3, 29 Mar 80.

3. Defining the appropriate level of remediation: The appropriate level of remediation is dependent on site-specific circumstances. Considerations in determining the appropriate level of remediation include associated risks to protected receptors, projected future use of the site, operational requirements, and available funding. An essential part of a site’s assessment is the review of different remediation alternatives in the context of the above considerations. Consultation with the EEA is required before any commitment is made regarding the extent of remediation to be performed at a contaminated site.

4. Negotiating with the host nation: Negotiations with the host nation (Turkish MOD or Turkish authorities) may take place at the following levels, each of which has its own coordination requirements. In general, the Commander of the US installation serves as the liaison with national authorities (Incl. Turkish MOD) and the contact with local authorities and civil leaders.

a. Local Level Negotiations/Discussions: Negotiations/discussions with host nation authorities will be conducted by the appropriate US military authority for the impacted installation(s) in Turkey, after consultation with the responsible MAJCOM and the designated EEA, subsequent to those actions involving initial notification and response to releases (spills).

b. National Level Negotiations: The Air Force MAJCOM, in conjunction with the designated EEA and the US military authority at the impacted installation(s) in Turkey, determine the proper procedures for environmental negotiations with host nation.

5. Furnishing documentation to the host nation: The furnishing of documentation to the host nation should be handled by the responsible commander. When providing documentation regarding contamination on or emanating from DOD installations, the local commander must obtain approval from the Air Force MAJCOM, who in turn will coordinate with the EEA.

6. Information regarding closing installations: Information relating to environmental contamination at closing bases is maintained by the appropriate authority at Major Command (Army and Air Force) or Regional Environmental Coordinator (Navy) level in coordination with the EEA, until the location is returned to the host

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L-2

Appendix M

United Kingdom

1. General: The Environmental Executive Agent (EEA) for the United Kingdom has been delegated from COMUSAFE to HQ…