MCO 5090.2.pdf

MCO 5090.2

UNITED STATES MARINE CORPS

ENVIRONMENTAL COMPLIANCE AND PROTECTION

PROGRAM

VOLUMES 1-21

COMMANDANT OF THE MARINE CORPS

(DEPUTY COMMANDANT, INSTALLATIONS AND LOGISTICS)

DISTRIBUTION STATEMENT A: Approved for public release; distribution is unlimited.

DEPARTMENT OF THE NAVY

HEADQUARTERS UNITED STATES MARINE CORPS

3000 MARINE CORPS PENTAGON

WASHINGTON DC 20350-3000

MCO 5090.2

I&L (LFF)

11 JUN 2018

MARINE CORPS ORDER 5090.2

From: Commandant of the Marine Corps

To: Distribution List

Subj: ENVIRONMENTAL COMPLIANCE AND PROTECTION PROGRAM

Ref: (a) SECNAV M-5210.1

(b) SECNAV M-5211.5E

(c) 5 U.S.C.552a

Encl: (1) Volume Reference List

1. Situation

a. The Marine Corps holds military lands in the public trust, and Marine Corps commands must maintain land, air, and water resources to sustain realistic military training and testing for future generations of Marines. Environmental laws are generally applicable to the Marine Corps to the same extent as the general public and hold Marine Corps Commanders accountable for activities conducted on and off installation.

Marine Corps environmental programs preserve training areas, enhance operational readiness, protect public health, and preserve the environmental quality of the installations and adjacent communities. Environmental programs also strengthen

Marine Corps relationships with the public and the regulatory agencies that implement environmental laws.

b. Negative impacts from non-compliance with environmental requirements can be significant. Federal, state, and local regulatory agencies may impose significant financial penalties or restrict installation operations due to environmental violations. Many environmental statutes also have citizen’s suit provisions that allow the public to sue government agencies for non-compliance. Failure to achieve environmental compliance and protect our natural resources may compromise the mission by limiting Marine Corps operations or access to areas necessary to sustain military readiness.

c. This Order provides updated policy, guidelines, and procedures that commanding officers, installation environmental

DISTRIBUTION STATEMENT A: Approved for public release; distribution is unlimited.

11 JUN 2018

staff, and Marine Corps personnel require in the performance of their duties while maintaining environmental compliance and the protection of human health and the environment. This Order is a complete revision of the last Marine Corps Environmental

Compliance and Protection Manual and should be reviewed in its entirety.

2. Cancellation. MCO P5090.2A w/Ch 1-3.

3. Mission. Commands and individual Marines and civilians at all levels shall support the execution of environmental compliance and protection programs aboard Marine Corps installations (MCI) and during training activities. Policy and procedural guidance are contained in enclosure (1).

4. Execution

a. Commander’s Intent and Concept of Operations

(1) Commander’s Intent. The Marine Corps is committed to mission accomplishment and to environmental compliance and protection. Marine Corps environmental programs ensure that the

Marine Corps Total Force is able to continue to effectively operate worldwide in an environmentally responsible manner.

This requires the leadership and personal commitment of all military and civilian personnel throughout the Marine Corps chain of command. The Marine Corps will continue to improve the effectiveness and efficiency of environmental management programs, proactively mitigate environmental and health risks, and ensure individuals are appropriately trained and empowered to be effective stewards of the natural and cultural resources entrusted to the Marine Corps.

(2) Concept of Operations

(a) All Marine Corps personnel and installations shall use and comply with this Order and the enclosure.

(b) Marine Corps personnel and installations shall be aware of and comply with additional environmental requirements imposed by state and local governments that may not be covered in this Order and the enclosure.

(c) Local Environmental Compliance and Protection

Standard Operation Procedures may be developed to augment the

Order and enclosure, or to provide guidance for activities not addressed herein.

(d) Overseas installations shall comply with the applicable Department of Defense (DoD) Final Governing Standards

(FGS) for the host nation or the Overseas Environmental Baseline

Guidance Document (OEBGD) when host nation specific FGS have not been developed. Chapter 15 of the enclosure details additional

Marine Corps requirements for overseas installations.

b. Subordinate Element Missions. The primary responsibilities of the principal Marine Corps environmental stakeholder organizations are outlined below. A more comprehensive list of specific roles and functions is provided in each chapter of the enclosure.

(1) Assistant Deputy Commandant of the Marine Corps

Installations and Logistics (Facilities) (LF)/Commander, Marine

Corps Installations Command (COMMCICOM) shall:

(a) Periodically update this Order and the enclosure.

(b) Support MCI and units with implementation, oversight, and compliance with the requirements of this Order and the enclosure.

(c) Develop additional environmental policies and implementing guidance, as appropriate.

(2) Commanders of MCI East, West, Pacific, and National

Capital Region shall:

(a) Ensure installations and sites under their authority conform to the policies outlined in this Order and the enclosure.

(b) Provide regional environmental policy, program management, guidance, coordination, and implementation strategies, as appropriate.

(c) Provide primary environmental regulatory interface for issues that have implications beyond a single installation in their region.

(d) Monitor and manage environmental encroachment and facilitate encroachment partnering relationships and agreements.

(3) Commanding Generals/Commanding Officers of MCI shall:

(a) Ensure compliance with all applicable federal, state and local, DoD, Department of the Navy (DON) and Marine

Corps environmental requirements and Presidential Executive

Orders.

(b) Serve as the primary steward of all installation natural and cultural resources. This stewardship role includes the oversight of activities, whether federal or non-federal, that may degrade the environment.

(c) Oversee environmental restoration activities to ensure mission accomplishment and protection of human health and the environment.

(4) Commanders of Marine Forces shall:

(a) Serve as the federal officers charged with ultimate responsibility for their respective Command’s compliance with all applicable federal, state and local, DoD, DON and Marine Corps environmental requirements and Presidential

Executive Orders.

(b) For forces deployed overseas for training, follow Marine Corps overseas environmental compliance policy and comply with FGS established for each respective host country or host nation law or OEBGD, whichever is more stringent, for activities in countries with no FGS. Commanders should also consult with their legal counsel to identify any unique environmental requirements of the host country.

(5) Units/Tenants aboard MCI shall:

(a) Ensure compliance with all applicable federal, state and local, DoD, DON and Marine Corps environmental requirements and Presidential Executive Orders.

(b) Appoint in writing a Unit Environmental

Compliance Coordinator (ECC) (E-5 or above or other individual with sufficient authority to implement environmental requirements at each command) to ensure unit environmental training and environmental compliance requirements are met, and to coordinate with installation environmental staff, as required. (Note: installations may use local terminology for this position as long as the responsibilities remain the same.)

(c) Notify the installation environmental staff of any unit activities that have environmental requirements, issues, or concerns.

(6) All Marine Corps Personnel shall:

(a) Comply with all applicable federal, state and local, DoD, DON and Marine Corps environmental requirements and

Presidential Executive Orders.

(b) Maintain general awareness of all applicable

Marine Corps environmental policies and goals. Participate in training to understand applicable requirements.

(c) Integrate environmentally safe and compliant procedures into all daily operational practices to minimize risk of adverse health, environmental and mission impacts.

(d) Know who is assigned as the unit’s ECC and attend unit/installation-specific environmental training.

(e) Promptly elevate and report environmental issues and concerns to the appropriate authority.

c. Coordinating Instructions. Comply with the intent and content of this Order and the enclosure. The terms “will” and

“shall” as used in the Order are directive and require compliance. Words such as “should,” “may,” and “can” are advisory.

5. Administration and Logistics

a. Recommendations concerning the contents of this Order will be forwarded to the CMC (LF)/COMMCICOM via the chain-of-command.

b. Privacy Act. Any misuse or unauthorized disclosure of

Personally Identifiable Information (PII) may result in both civil and criminal penalties. The DON recognizes that the privacy of an individual is a personal and fundamental right that shall be respected and protected. The DON's need to collect, use, maintain, or disseminate PII about individuals for purposes of discharging its statutory responsibilities will be balanced against the individuals' right to be protected against unwarranted invasion of privacy. All collection, use, maintenance, or dissemination of PII will be in accordance with the Privacy Act of 1974, as amended (reference (b)) and implemented per reference (c).

6. Command and Signal

a. Command. This Order is applicable to the Marine Corps

Total Force.

b. Signal. This Order is effective the date signed.

M. G. DANA

Deputy Commandant for

Installations and Logistics

DISTRIBUTION: 10207187100

1-1 Enclosure (1)

Listing of Volumes

VOLUME TITLE

1 General Policies and Responsibilities

2 Marine Corps Environmental Management System

3 Funding Environmental Compliance and

Protection

4 Environmental Compliance Evaluation Program

5 Environmental Training and Education

6 Air Quality Management

7 Emergency Planning and Response

8 Cultural Resources Management

9 Hazardous Waste Management

10 Environmental Restoration (ER) Program

11 Natural Resources Management

12 Environmental Planning and Review

13 Reserved For Future Use

14 Integrated Pest Management

15 Overseas Environmental Compliance

16 Drinking Water Systems and Water Conservation

17 Integrated Solid Waste Management (ISWM)

18 Storage Tank Management

19 Polychlorinated Biphenyl (PCB) Management

20 Wastewater and Stormwater Management

21 Environmental Management of Munitions On

Operational Ranges

Acronyms

Glossary

ENVIRONMENTAL COMPLIANCE AND PROTECTION PROGRAM

Volume 1 MCO 5090.2 – V1 i

VOLUME 1

“GENERAL POLICIES AND RESPONSIBILITIES”

SUMMARY OF VOLUME 1 CHANGES

Hyperlinks are denoted by bold, italic, blue and underlined font.

The original publication date of this Marine Corps Order (right header) will not change unless/until a full revision of the MCO has been conducted.

The date denoted by blue font (left header) will reflect the date this Volume was last updated.

All Volume changes denoted in blue font will reset to black font upon a full revision of this

Volume.

VOLUME

VERSION

SUMMARY OF CHANGE ORIGINATION

DATE

DATE OF

CHANGES

ORIGINAL

N/A DD MMM YYYY N/A

Submit recommended changes to this Volume, via the proper channels, to:

CMC (OFC CODE)

3000 Marine Corps Pentagon

Washington, DC 20350-3000

Volume 1 MCO 5090.2 – V1 ii

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Volume 1 MCO 5090.2 – V1 iii

VOLUME 1: GENERAL POLICIES AND RESPONSIBILITIES

TABLE OF CONTENTS

REFERENCES ............................................................................................................................ REF-1

CHAPTER 1: SCOPE ..................................................................................................................... 1-3

0101 PURPOSE .............................................................................................................................. 1-3

0102 APPLICABILITY ................................................................................................................... 1-3

0103 BACKGROUND .................................................................................................................... 1-3

CHAPTER 2: AUTHORITY .......................................................................................................... 2-3

0201 GENERAL ............................................................................................................................. 2-3

0202 FEDERAL STATUTES .......................................................................................................... 2-3

0203 FEDERAL REGULATIONS .................................................................................................. 2-3

0204 EXECUTIVE ORDERS ......................................................................................................... 2-3

0205 DEPARTMENT OF DEFENSE (DOD) POLICY ................................................................. 2-3

CHAPTER 3: REQUIREMENTS .................................................................................................. 3-3

0301 GENERAL ............................................................................................................................. 3-3

0302 ORDER FORMAT ................................................................................................................. 3-3

030201 CHAPTER 1: SCOPE ....................................................................................................... 3-3

030202 CHAPTER 2: AUTHORITY ............................................................................................ 3-3

030203 CHAPTER 3: REQUIREMENTS .................................................................................... 3-3

030204 CHAPTER 4: RESPONSIBILITY ................................................................................... 3-3

030205 APPENDICIES ................................................................................................................ 3-4

0303 MARINE CORPS REQUIREMENTS ................................................................................... 3-4

0304 COMPLIANCE ....................................................................................................................... 3-4

0305 ENVIRONMENTAL MANAGEMENT (EM) DATA CALL ............................................. 3-4

Volume 1 MCO 5090.2 – V1 iv

030501 DEFENSE ENVIRONMENTAL PROGRAMS ANNUAL REPORT TO CONGRESS

(DEP ARC) ...................................................................................................................... 3-5

030502 ENVIRONMENTAL MANAGMENT REVIEW (EMR) ............................................... 3-5

0306 ENVIRONMENTAL MANAGEMENT SYSTEM (EMS).................................................... 3-5

0307 ENVIRONMENTAL COMPLIANCE EVALUATIONS (ECEs) ......................................... 3-5

0308 NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 (NEPA) REQUIREMENTS ... 3-6

0309 REGIONAL ENVIRONMENTAL COORDINATORS (RECs) ........................................... 3-6

03010 PERSONAL LIABILITY FOR VIOLATION OF ENVIRONMENTAL LAWS ............... 3-6

031001 PERSONAL LIABILITY FOR INJURIES OR DAMAGES TO PERSONS OR

PROPERTY ...................................................................................................................... 3-7

031002 CIVIL LIABILITY FOR FINES ...................................................................................... 3-7

031003 CRIMINAL LIABILITY .................................................................................................. 3-7

031004 LEGAL REPRESENTATION IN CRIMINAL CASES .................................................. 3-8

0311 CONSISTENCY ..................................................................................................................... 3-8

0312 RESEARCH, DEVELOPMENT, TESTING, AND EVALUATION (RDT&E) ................... 3-9

0313 ENVIRONMENTAL INFORMATION TECHNOLOGY AND SERVICES (EIT&S) ........ 3-9

0314 GOVERNMENT OWNED-CONTRACTOR OPERATED (GOCO) FACILITIES ............. 3-9

0315 GRANTEE AND CONTRACTOR OPERATIONS AND FACILITY USE ......................... 3-9

0316 OUTLEASE RELATIONSHIPS .......................................................................................... 3-10

0317 STRATEGIC SUSTAINABILITY ....................................................................................... 3-11

0318 ENERGY .............................................................................................................................. 3-12

0319 NOISE ................................................................................................................................... 3-13

0320 POLLUTION PREVENTION (P2). ..................................................................................... 3-13

TABLE 3-1. ENVIRONMNETAL MANAGEMENT (EM) DATA CALL REPORTING

METRICS ................................................................................................................... 3-4

Volume 1 MCO 5090.2 – V1 v

TABLE 3-2. UNITED STATES MARINE CORPS (USMC) REGIONAL ENVIRONMENTAL

COORDINATORS (RECs) AND CORRESPONDING ENVIRONMENTAL

PROTECTION AGENCY (EPA) REGIONS ............................................................. 3-6

TABLE 3-3. DEPARTMENT OF DEFENSE (DOD) STRATEGIC SUSTAINABILITY

PERFORMANCE PLAN (SSPP) REPORTING METRICS .................................. 3-12

CHAPTER 4: RESPONSIBILITIES ................................................................................................. 4-3

0401 HEADQUARTERS MARINE CORPS (HQMC) (LF)/COMMANDER MCICOM ............ 4-3

0402 COMMANDING GENERAL (CG), MARINE CORPS SYSTEMS COMMAND

(MARCORSYSCOM) ............................................................................................................ 4-3

0403 COMMANDANT OF THE MARINE CORPS (CMC) CONTRACTS DIVISION (LB) AND

REGIONAL CONTRACTING OFFICES.............................................................................. 4-3

0404 MARINE CORPS COMPONENT RECs ............................................................................... 4-4

0405 COMMANDING GENERAL (CG) MARINE CORPS EAST, WEST, PACIFIC,

NATIONAL CAPITAL REGION, AND COMMARFORRES............................................. 4-4

0406 COMMANDERS OF MARINE FORCES ............................................................................. 4-4

0407 COMMANDERS OF MARINE CORPS INSTALLATIONS ............................................... 4-5

0408 COMMANDING OFFICER (CO) OF MARINE CORPS UNITS AND TENANTS ........... 4-5

Volume 1 MCO 5090.2 – V1 vi

APPENDICES

A FEDERAL STATUTES, FEDERAL REGULATIONS, EXECUTIVE ORDERS, AND

DEPRATMENT OF DEFENSE (DOD) POLICIES ............................................................. A-1

Volume 1 MCO 5090.2 – V1

REF-1

REFERENCES

(a) 42 U.S.C. §4321

(b) E.O. 12114, "Environmental Effects Abroad of Major Federal Actions," January 4, 1979

(c) DoD Instruction 4715.02, “Regional Environmental Coordination,” August 28, 2009

(d) MCICOM Policy, "Roles and Responsibilities for Department of Defense Regional

Environmental Coordinator (DoD REC) Program," May 23, 2014

(e) Judge Advocate General (JAG) Instruction 5800.7E, "Manual of the Judge Advocate

General," June 20, 2007

(f) 42 U.S.C. §§7401-7671

(g) 33 U.S.C. §§1251-1387

(h) 42 U.S.C. §§300f-300j-26

(i) DoD Directive 8000.01, "Management of DoD Information Enterprise," February 10, 2009

(j) MARADMIN 226/04

(k) 10 U.S.C. §2667

(l) Naval Facilities Engineering Command (NAVFAC) P-73, Chapter 19, "Real Estate

Procedural Manual,” August 23, 2011

(m) CMC, “U.S. Marine Corps Expeditionary Energy Strategy and Implementation Plan,” March

(n) NAVMC Directive 5100.8, “Marine Corps Occupational Safety and Health (OSDH) Program

Manual,” May 15, 2006

(o) MCO 11010.16

(p) MCO 3550.11

(q) Section 6601 of Public Law 101-508, “Pollution Prevention Control Act,” November 6, 1990

(r) DoD Instruction 4715.03, “Natural Resources Conservation Program,” March 18, 2011

(s) DoD, “Updated Green Procurement Program (GPP) Strategy,” December 2, 2008

Volume 1 MCO 5090.2 – V1

REF-2

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1-1

VOLUME 1: CHAPTER 1

“SCOPE”

SUMMARY OF SUBSTANTIVE CHANGES

The original publication date of this Marine Corps Order (MCO) Volume (right header) will not change unless/until a full revision of the MCO has been conducted.

CHAPTER

PAGE

PARAGRAPH

SUMMARY OF

SUBSTANTIVE CHANGES

DATE OF

CHANGE

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CHAPTER 1

SCOPE

0101 PURPOSE

010101. This Order sets forth Marine Corps policies and responsibilities for compliance with environmental requirements, as well as for the management of Marine Corps environmental programs.

010102. Marine Corps environmental programs ensure compliance with environmental requirements, protect human health and the environment, and sustain and enhance mission readiness. The programs focus on the following elements:

A. Compliance with environmental requirements.

B. Pollution Prevention (P2).

C. Conservation of natural and cultural resources.

D. Environmental Restoration (ER).

010103. Commandant of the Marine Corps, Facilities and Services Division

(LF))/Commander, Marine Corps Installations Command (COMMCICOM), executes and provides oversight of Marine Corps environmental programs and develops environmental policy.

010104. This Volume establishes a framework and general responsibilities for management of Marine Corps environmental programs.

0102 APPLICABILITY

This Order applies to all Marine Corps active and Reserve installations, Commands, detachments, components, tenants, personnel, and, where applicable, Marine Corps activities in foreign countries.

This Order describes the internal management of the Marine Corps environmental program and is not intended to create any right or benefit, substantive or procedural, enforceable by law by any party against the United States Marine Corps (USMC), its officers, employees, or any person. Volume 15 summarizes the applicability of environmental requirements to Marine Corps activities overseas.

0103 BACKGROUND

010301. Marine Corps environmental programs preserve training areas, enhance operational readiness, protect public health, and maintain the environmental quality of the installation and adjacent communities. Environmental programs also strengthen Marine Corps relationships with the public and regulatory agencies that implement environmental laws and regulations.

010302. The Marine Corps’ overall vision for environmental stewardship is based on the four foundational pillars of compliance, P2, conservation, and ER. Compliance with

Volume 1, Chapter 1 MCO 5090.2 – V1

1-4 environmental requirements, prevention and minimization of pollutants, prudent management of natural and cultural resources, and clean-up of past environmental contamination all help to ensure the sustainability of Marine Corps mission readiness.

010303. The Marine Corps Environmental Management System (EMS), based on the

ISO 14001 standard, is a tool to systematically integrate environmental considerations into planning processes across all functional areas. EMS is also the framework for implementing environmental components of sustainability and P2 initiatives, goals, and objectives. Volume 2 of this Order summarizes the EMS process and Marine Corps EMS policies.

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VOLUME 1: CHAPTER 2

“AUTHORITY”

PAGE

PARAGRAPH

SUMMARY OF

SUBSTANTIVE CHANGES

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CHAPTER 2

AUTHORITY

0201 GENERAL

020101. This Order summarizes federal environmental requirements applicable to the

Marine Corps, including Executive Orders (E.O.s), federal laws, federal implementing regulations, and Department of Defense (DoD) policies. Department of Navy (DON) and Marine Corps policies developed to implement and supplement federal and DoD environmental requirements are also identified.

020102. State and local governments may also stipulate environmental program requirements that are more stringent than federal requirements. Although specific state and local environmental requirements are not included in this Order, installations are responsible for identifying and complying with all applicable requirements, to include state and local requirements.

020103. Each Volume in this Order refers to specific E.O.s, federal environmental statutes, regulations, and policies related to environmental compliance, P2, ER, and natural, and cultural resources conservation. Compliance with these requirements along with good stewardship helps ensure a sustainable Marine Corps.

020104. The applicability of environmental requirements to Marine Corps activities in foreign countries is discussed in paragraph 0102 and Volume 15 of this Order.

0202 FEDERAL STATUTES

Federal environmental statutes are laws that generally require compliance by DoD installations. (See

Appendix A for a summary of applicable federal statutes.) State and local governments often implement programs based on federal environmental law, and these programs often apply to DoD installations by virtue of federal waivers from sovereign immunity.

0203 FEDERAL REGULATIONS

Federal environmental regulations implement federal environmental statutes. These regulatory requirements often establish minimum standards for state and local governments’ implementing programs. See Appendix A for a summary of Codes of Federal Regulations.

0204 EXECUTIVE ORDERS

E.O.s are presidential policy directives that implement or interpret federal statutes, constitutional provisions, or treaties. See Appendix A for a summary of relevant E.O.s.

0205 DEPARTMENT OF DEFENSE (DOD) POLICY

DoD environmental policies are generally issued via DoD Instructions and Directives. DON policies, such as those published by the Office of the Assistant Secretary of the Navy (SECNAV) for

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Energy, Installations and Environment are generally issued via SECNAV instructions, policy letters, or memoranda and apply to both Navy and Marine Corps activities and installations. See Appendix

A for a summary of relevant policies.

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VOLUME 1: CHAPTER 3

“REQUIREMENTS”

PAGE

PARAGRAPH

SUMMARY OF

SUBSTANTIVE CHANGES

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CHAPTER 3

REQUIREMENTS

0301 GENERAL

Complete and successful implementation of the policies in this Order will enhance the ability of the

Marine Corps to provide and maintain the facilities and training areas necessary to ensure mission sustainability. All Marine Corps installations and activities will ensure that this policy is implemented and communicated to all military and civilian employees and contractors.

0302 ORDER FORMAT

This Order presents overall policy and program management in the opening five volumes, followed by 15 volumes addressing specific environmental topics and related technical issues. Each volume is broadly divided into four parts: Chapter 1: Scope; Chapter 2: Authority; Chapter 3: Requirements;

and Chapter 4: Responsibilities.

030201. Chapter 1: Scope

Chapter 1 consists of the following components:

A. Purpose

The purpose explains why the volume exists.

B. Applicability

This component identifies to whom the volume applies.

C. Background

This component addresses why the Marine Corps is implementing these policies and provides historic context for the volume’s subject. This chapter also includes related volumes and references.

030202. Chapter 2: Authority

Chapter 2 lists legislation, federal regulations, E.O.s, federal guidance, and DoD policies that apply to the volume's subject.

030203. Chapter 3: Requirements

Chapter 3 provides Marine Corps policies and requirements for each volume's subject.

030204. Chapter 4: Responsibility

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Chapter 4 identifies the responsibilities for any environmental requirements identified within each volume.

030205. Appendices

Appendices provide additional detail on selected subjects at the end of each volume.

0303 MARINE CORPS REQUIREMENTS

HQMC (LF)/COMMCICOM establishes Marine Corps environmental compliance and protection requirements through this Order. In addition, the HQMC (LF)/COMMCICOM may periodically provide other policies and guidance through letters, memoranda, bulletins, and messages.

0304 COMPLIANCE

All Marine Corps civilian and military personnel, installation tenants, and contractors shall comply with applicable federal, state, and local environmental laws and regulations; DoD, DON, and Marine

Corps environmental policies; Presidential E.O.s; and where applicable, overseas environmental requirements (see Volume 15).

0305 ENVIRONMENTAL MANAGEMENT (EM) DATA CALL

The EM data call is collected at both the installation and HQMC (LF)/MCICOM (GF) levels.

Commandant of the Marine Corps, Facilities and Services Division (CMC(LF))/MCICOM (GF) submits the information collected to the Navy, and a consolidated report is given to the Deputy

Under Secretary of Defense (Installations and Environment) (ODUSD(I&E)). Results of the data call are used as part of the DoD Environmental Management Review (EMR) and Defense Environmental

Programs Annual Report to Congress (DEP ARC), in February and March of the following calendar year respectively. Specific reporting due dates for installations and HQMC (LF)/MCICOM (GF) will be provided in the EM data call tasker distributed in October of the reporting year. Metrics used in the EM data call are reference below in table 3-1.

Table 3-1.--EM Data Call Reporting Metrics

METRIC DUE DATE RECIPIENT

End of Fiscal Year (FY) Financial Statement Support Data October KBCRS*

End of FY Environmental Restoration (ER) Site-Specific

Information

November KBCRS, NSLICS**

Environmental Management Systems (EMS) Metrics December NSLICS

Natural Resources Metrics December NSLICS

Cultural Resources Management December NSLICS

Native American Metrics December NSLICS

Environmental Compliance Metrics December NSLICS

Pollution Prevention Metrics December NSLICS

End of FY ER Non Site-Specific Information December NSLICS

DoD Longleaf Pine Conservation/Improvement Activities December Spreadsheet

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Table 3-1.--EM Data Call Reporting Metrics

METRIC DUE DATE RECIPIENT

Environmental Justice Annual Report December Email

Withdrawn Lands TBD TBD

FY (+2) President’s Budget Backup Data January KBCRS

Mid-Year FY (+1) ER Site-Specific Information August SNaP***

* Knowledge-Based Corporate Reporting System (KBCRS)

** Non Site-Level Information Collection System (NSLICS)

*** Select and Native Programming Data Input System (SNaP)

NOTE: FY refers to the year being reported. FY (+1) and (+2) refer to the next one and two years after the current FY (i.e. if FY2014 was the reporting year, then FY (+1) and (+2) would be FY2015 and FY2016 respectively).

030501. DEFENSE ENVIRONMENTAL PROGRAMS ANNUAL REPORT TO

CONRESS (DEP ARC)

A. Each year in March, pursuant to 10 U.S.C. 2711, DoD submits DEP ARC.

Using information collected through the annual Hazardous Waste (HW), Solid Waste (SW), and EM data calls, the Report describes the Department’s accomplishments during the past year in its restoration, conservation, compliance, and pollution prevention programs by addressing plans and funding needs for protecting human health, sustaining the resources DoD holds in the public trust, meeting its environmental requirements, and supporting the military mission. The Report also details

DoD’s efforts for reinforcing environmental programs to ensure the safe and effective use, protection, restoration, and preservation of the Department’s natural and cultural assets; and examines DoD’s environmental restoration activities at sites on its active BRAC installations and former properties. The DEP ARC presents the funding invested in and progress of DoD environmental programs – Environmental Restoration, Environmental Quality, and Environmental

Technology.

030502. ENVIRONMENTAL MANAGEMENT REVIEW (EMR)

A. Each year in February, to ensure that DoD is meeting its environmental goals and objectives, the annual EMR is released. Using information collected from the annual Toxic Release

Inventory (TRI), HW, SW, and EM data calls, the EMR is a review of environmental programs and management systems to determine the extent to which a facility has developed and implemented specific environmental protection programs and plans. If properly managed, these should ensure compliance and progress towards environmental excellence.

0306 ENVIRONMENTAL MANAGEMENT SYSTEM (EMS)

Marine Corps installations and tenant and supporting organizations shall use the Marine Corps EMS as the framework to ensure environmental compliance, meet environmental management objectives, and help sustain land, sea, and air resources. Volume 2 of this Order provides specific Marine Corps

EMS policy requirements.

0307 ENVIRONMENTAL COMPLIANCE EVALUATIONS (ECEs)

The Marine Corps installations shall perform ECEs in accordance with Volume 4 of this Order.

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0308 NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 (NEPA) REQUIREMENTS

The Marine Corps shall consider the environmental consequences of all proposed actions and comply with the appropriate U.S. or host nation environmental review process (e.g., Section 4321 et seq. of

Title 42, United States Code (42 U.S.C. 4321 et seq.) (also known and referred to in this order as

“National Environmental Policy Act” (NEPA)) (Reference (a)) and E.O. 12114, (Reference (b)).

Requirements for environmental planning and review at overseas installations is described in Section

15310 of this document.

0309 REGIONAL ENVIRONMENTAL COORDINATORS (RECs)

030901. DoD Instruction 4715.02 (Reference (c)) establishes a framework for DoD

RECs and component RECs within the United States with the Secretary of the Army serving as REC for U.S. Environmental Protection Agency (EPA) Regions IV, V, VII, and VIII; the Secretary of the

Navy serving as REC for Regions I, III, and IX; and the Secretary of the Air Force for Regions II, VI, and X.

030902. Additionally, Reference (c) directs the Marine Corps to appoint a component

REC to coordinate with the DoD REC representative regarding their service's activities in the region and communicate with federal, regional, state, and local agencies and officials. Component RECs elevate issues requiring DoD-wide attention to the DoD REC via the DoD REC representative and appropriate chain of command (MCICOM Policy, "Roles and Responsibilities for Department of

Defense Regional Environmental Coordinator (DOD REC) Program," May 23, 2014 (Reference (d)).

Marine Corps RECS are identified by federal EPA Region in Table 3-2.

Table 3-2.--USMC RECs and Corresponding EPA Regions

EPA Region USMC REC

EPA Region III (DE, DC, MD, PA, VA, WV) Commanding Officer (CO), Marine Corps

Installations (MCI) National Capital

Region/Marine Corps Base Quantico

EPA Region IV (AL, FL, GA, KY, MS, NC, SC, TN)

CG, MCI East/Marine Corps Base Camp

Lejeune

EPA Region IX (AZ, CA, NV, HI) CG, MCI West/Marine Corps Base Camp

Pendleton

0310 PERSONAL LIABILITY FOR VIOLATION OF ENVIRONMENTAL LAWS

In most civil lawsuits, federal civilian employees and service members may be named as defendants in their official capacities because the actions giving rise to the lawsuits are undertaken in the line of duty or within the scope of their employment. These cases generally proceed without risk of personal liability for the employees involved. In some cases, however, civilian employees or service members may be sued in their individual capacities for injury or damage to persons or property. In these cases where individuals violate environmental laws and subsequently injure or damage persons or property as a result of actions taken out of the line of duty or beyond the scope of their employment (e.g., reckless, knowing, or purposeful violation) they may be personally liable and may be responsible for paying any damages awarded. This civil liability is in addition to potential criminal prosecution.

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031001. Personal Liability for Injuries or Damages to Persons or Property

A. Where a federal civilian employee’s or service member's actions injure or damage another’s person or property, the injured party may file a civil lawsuit to recover the cost of the damage. In such cases, the Department of Justice (DOJ) may substitute the United States for the civilian employee or service member if it determines that the individual was acting within the line of duty or within the scope of their employment and such action is in the interest of the United States.

An individual properly exercising official authority to carry out command business in accordance with applicable Marine Corps regulations is acting in the line of duty or within the scope of their employment.

B. Any federal civilian employee or service member who is served with a complaint, subpoena, or other legal paper relating to activities undertaken pursuant to official duties shall immediately report this information to their staff judge advocate, command counsel, legal officer, and Commanding Officer (CO) for guidance on how to proceed. Additional guidance is available in JAG Instruction 5800.7E (Reference (e)) and from the Counsel for the Commandant of the Marine Corps (CMC (CL)) and its regional offices.

031002. Civil Liability for Fines

Many environmental laws provide for civil penalties (e.g., fines) for violations of environmental requirements. Many statutes, such as 42 U.S.C. §§7401-7671 (also known and referred to in this order as “Clean Air Act,” (CAA) as amended) (Reference (f)), 33 U.S.C. §§1251-

1387 (also known and referred to in this order as “Clean Water Act,” (CWA) as amended)

(Reference (g)), and 42 U.S.C. §§300f-300j-26 (also known and referred to in this order as “Safe

Drinking Water Act”) (Reference (h)) provide varying degrees of immunity from civil penalties to installations and individual federal civilian employees and service members acting in the line of duty or within the scope of their employment.

031003. Criminal Liability

A. Some environmental laws provide for criminal prosecution for knowing or purposeful violations. However, some environmental laws also provide for criminal prosecution for negligent violations. Federal civilian employees and military personnel may be subject to criminal prosecution if their actions or inactions violate environmental laws subject to criminal enforcement.

B. Federal civilian employees and service members shall seek out and remedy environmental violations under their cognizance and implement measures to ensure that future violations do not occur. For supervisors, criminal liability may not necessarily depend on personal participation in the crime.

C. As a general rule, violations of criminal law require a criminal “state of mind” (i.e., a knowing or purposeful act). However, the Supreme Court has held that “where dangerous or noxious waste materials are involved, the probability of regulation is so great that anyone who is aware that he is in possession of them shall be presumed to be aware of the regulations.” In other words, “ignorance of the law is no excuse.”

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031004. Legal Representation in Criminal Cases

A. The DOJ may represent a federal civilian employee or service member prosecuted in state or federal court for criminal violations of environmental law. However, such representation is contingent upon DOJ finding that the individual acted in the line of duty or within the scope of their employment regarding the alleged misconduct and representation is in the interest of the United States.

B. If a federal civilian employee or service member is convicted of a crime, the civilian employee or service member is personally responsible for paying any fine adjudged, regardless of whether the DOJ provided representation.

0311 CONSISTENCY

To ensure consistent environmental compliance and avoid adverse precedents, particularly those with mission and funding implications, responsible commands shall coordinate with HQMC

(LF)/COMMCICOM regarding permit requirements, payments of fines, fees, penalties, supplemental environmental projects from Marine Corps funds, compliance agreements, settlements, and responses to Notices of Violation. Legal and technical assistance is available from the installation and regional legal counsel and environmental offices. Naval Facilities Engineering Command (NAVFAC) and supporting activities and commands are also available to respond to requests for technical assistance.

0312 RESEARCH, DEVELOPMENT, TESTING, AND EVALUATION (RDT&E)

Environmental RDT&E may be initiated, where applicable and necessary, to meet existing and anticipated environmental requirements provided that such RDT&E has not been undertaken by other

DoD Components or private industry. Since environmental requirements are not usually narrowly focused, every effort should be taken to leverage existing RDT&E to avoid unnecessarily depleting scarce resources. The Strategic Environmental Research and Development Program (SERDP) and the Environmental Security Technology Certification Program (ESTCP), the Department of

Defense's environmental research programs, have been established to coordinate and prioritize projects to address technical challenges to environmental performance, reduce costs, and enhance and sustain mission capabilities. They solicit proposals annually to identify and prioritize RDT&E requirements. Environmental RDT&E planned to be undertaken shall be reported to the HQMC

(LF)/COMMCICOM and Marine Corps Systems Command (MARCORSYSCOM); and the Office of the Director of Defense Research and Engineering.

0313 ENVIRONMENTAL INFORMATION TECHNOLOGY AND SERVICES (EIT&S)

031301. EIT&S is the data, people, hardware, software, procedures, and policies related to environmental information required to perform environmental management support functions. All Marine Corps Forces, Regions, and installations shall ensure that EIT&S is managed in accordance with DoD Directive 8000.01 (Reference (i)), Marine Administrative Message 226/04

(Reference (j)), and other applicable Marine Corps Information Technology policies.

031302. Each Region, and installation shall participate in the Environmental Services

Functional Capability Board (FCB) to establish environmental EIT&S program goals, objectives and

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Review Board (IFERB).

0314 GOVERNMENT OWNED-CONTRACTOR OPERATED (GOCO) FACILITIES

Marine Corps installations and/or Commands responsible for GOCO facilities shall oversee GOCO facility use or management contracts to ensure that contractors comply with all federal, state, local, and installation environmental requirements that apply to their activities and practices aboard the installation. To ensure environmental compliance, GOCO facility use and management contracts shall require each contractor to participate in the Marine Corps ECE Program and the installation’s

EMS. Marine Corps installations or Commands should also encourage GOCO facilities to incorporate the environmental management hierarchy into project planning, design, and execution, where feasible. The requiring activity shall ensure that any new contract, contract modification, or task order issued after the effective date of an applicable DoD, Marine Corps, federal, or state environmental policy or requirement (to include sustainable acquisition, waste reduction, and energy efficiency) incorporates contractual language that ensures compliance with such policy or requirement. The requiring activity shall consult installation environmental staff in the early stages of contract development and during contract review to ensure contractor compliance with environmental requirements.

0315 GRANTEE AND CONTRACTOR OPERATIONS AND FACILITY USE

By virtue of lease or contract terms, cognizant installations shall require that:

031501. The operations and facilities of grantees and contractors comply with, and conform to, all applicable DoD, Marine Corps, federal, state, and local environmental policies and requirements, including sustainable acquisition, waste reduction, and energy efficiency.

031502. Grantees and contractors advise the installation or unit of their environmental compliance permits (e.g., the National Pollutant Discharge Elimination System) and their conditions;

provide the installation or unit with periodic environmental compliance reports (i.e., audit findings);

participate in the Marine Corps ECE Program and the installation’s EMS; and incorporate the environmental management hierarchy into project planning, design, and execution, where feasible.

031503. Contractors and grantees shall participate in the host installation EMS and host EMS audits. Contractors and grantees shall inform the installation Environmental Office of any significant practices and aspects that they operate, and shall implement controls for these practices and aspects, as appropriate.

031504. New contracts, contract modifications, and task orders issued after the effective date of an applicable DoD, Marine Corps, federal, or state environmental policy or requirement (to include sustainable acquisition, waste reduction, and energy efficiency) shall incorporate contractual language that ensures compliance with such policy or requirement.

Installation environmental staff shall be included during the early stages of contract development to

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0316 OUTLEASE RELATIONSHIPS

031601. 10 U.S.C. §2667 (Reference (k)) authorizes the Secretary of a military department to lease to non-federal entities, non-excess federal land that is not currently needed for public use. This practice establishes a traditional landlord-tenant relationship between the federal government and the grantee.

031602. Marine Corps installations shall ensure that outlease relationships clearly convey environmental responsibilities to the lessee for which the installation commander is ultimately responsible.

031603. Marine Corps installations may be held responsible for a grantee’s environmental noncompliance. Therefore, installations shall:

A. Ensure lease terms require grantees to comply with any applicable federal, State, and local environmental laws and regulations as well as the environmental and land use requirements specifically applicable to federal agencies with respect to the leased property, such as:

1. Complying with Reference (a).

2. Avoiding actions that would jeopardize the survival of federally-listed endangered or threatened species, and consulting with the United States Fish and Wildlife Service concerning actions that may affect endangered or threatened species.

3. Complying with E.O.s.

4. Consulting with the appropriate State historic preservation officer concerning actions that may affect resources listed or determined eligible for listing on the National

Register of Historic Places.

B. Work with the local NAVFAC Engineering Field Division/Engineering Field

Activity and HQMC (LF)/MCICOM to ensure that all leases on the installation are periodically reviewed and lease terms are enforced.

C. Ensure current and future installation orders regulate grantee environmental and land use activities.

D. Designate installation staff responsible for coordinating grantee environmental and land-use compliance with DON cognizant real estate offices.

E. Consider the grantee’s operations when implementing the installation’s EMS.

031604. NAVFAC P-73, Chapter 19 (Reference (l)) regulates DON real estate transactions, including leases. The Order generally requires regular and periodic inspections of

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0317 STRATEGIC SUSTAINABILITY

031701. Sustainability is not an individual departmental program but an organizing paradigm that applies to all Marine Corps mission and program areas as a means of improving mission accomplishment while enabling environmental stewardship. Reference (b) requires an integrated strategy toward sustainability and established specific sustainability goals. DoD’s vision of strategic sustainability is to maintain the ability to operate into the future without decline, either in the mission or in the natural and manufactured systems that support DoD. Reference (a) identifies four key linkages between strategic sustainability and the DoD mission that form priorities for DoD.

Although Reference (a) is updated annually, it is expected key linkages will remain similar to the ones listed below:

A. Energy and Reliance on Fossil Fuels.

B. Chemicals of Environmental Concern.

C. Water Resources Management.

D. Maintaining Readiness in the Face of Climate Change.

031702. The Marine Corps will promote sustainable practices that go beyond environmental compliance. By employing sustainable practices, the Marine Corps will:

A. Improve mission effectiveness while enhancing the environment.

B. Minimize impacts and total ownership costs of Marine Corps systems, material, facilities, and operations.

C. Strengthen operational capability by reducing the environmental footprint.

D. Integrate environmental stewardship into all planning activities and leverage the necessary resources to accomplish sustainability goals and objectives.

031703. Marine Corps installations and commands, as required by E.O. 13693, shall support the DoD Strategic Sustainability Performance Plan (SSPP). The plan contains qualitative and quantitative objectives, goals, and sub-goals for meeting DoD’s sustainability requirement pursuant to Reference (b).