scope:

PURPOSE. In accordance with the authority in DoD Directive (DoDD) 5134.01 and DoDD 4715.1E (References (a) and (b)), this instruction reissues DoD Instruction (DoDI) 4715.5 (Reference (c)) to update established policy and assigned responsibilities for managing environmental compliance to protect human health and safety outside the United States on installations under DoD control.

APPLICABILITY

a. This instruction:

(1) Applies to:

(a) OSD, the Military Departments, the Office of the Chairman of the Joint Chiefs of Staff (CJCS) and the Joint Staff, the Combatant Commands, the Office of the Inspector General of the Department of Defense, the Defense Agencies, the DoD Field Activities, and all other organizational entities within the DoD (referred to collectively in this instruction as the "DoD Components").

(b) Actions of the DoD Components outside the United States on installations under DoD control.

(c) Support functions for U.S. military vessels, ships, aircraft, or space vehicles provided by the DoD Components, including management and disposal of off-loaded waste or hazardous materials.

(2) Does not apply to:

(a) U.S. military vessels, ships, aircraft, or space vehicles.

(b) Off-installation training.

(c) Contingency locations and associated operations and deployments, including cases of hostilities, contingency operations in hazardous areas, peacekeeping missions, or relief operations. These include U.S. forces operating as part of a multinational force not under full U.S. control.

(d) Facilities and activities associated with the Naval Nuclear Propulsion Program, in accordance with Executive Order (E.O.) 12344 (Reference (d)) and conducted pursuant to section 7158 of Title 42, United States Code (Reference (e)).

(e) Actions to remediate environmental contamination. DoDI 4715.08 (Reference (f)) generally covers remediation.

(f) Environmental analyses conducted in accordance with E.O. 12114 (Reference (g)).

(g) DoD installations that do not have the potential to affect the natural environment (e.g., activities that are primarily administrative) or where, in consultation with the Assistant Secretary of Defense for Energy, Installations, and Environment (ASD(EI&E)), the applicable Combatant Commander has determined that no significant force health protection or environmental threats exist. 

(h) Activities, systems, operations and areas on DoD installations for which DoD has no authority or responsibility.

b. Nothing in this instruction creates any right or benefit, substantive or procedural, enforceable at law or in equity, by any person or entity against the United States, its agencies, its officers, or any person.

c. Under no circumstances is this instruction intended to require noncompliance with applicable international law or agreements with foreign nations.