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Environmental Protection NWP 4-11: Naval Warfare Publication

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NWP 4-11

NAVAL WARFARE PUBLICATION

ENVIRONMENTAL
PROTECTION

NWP 4-11
DEPARTMENT OF THE NAVY
OFFICE OF THE CHIEF OF NAVAL OPERATIONS

DISTRIBUTION AUTHORIZED TO THE DEPARTMENT OF DEFENSE


AND U.S. DOD CONTRACTORS ONLY FOR OPERATIONAL USE
TO PROTECT TECHNICAL DATA OR INFORMATION FROM
AUTOMATIC DISSEMINATION. THIS DETERMINATION WAS
MADE 15 SEPTEMBER 2003. OTHER REQUESTS SHALL BE
REFERRED TO NAVY WARFARE DEVELOPMENT COMMAND,
686 CUSHING ROAD, NEWPORT, RI 02841-1207.

PRIMARY REVIEW AUTHORITY:


COMMANDER, NAVY WARFARE DEVEL-
OPMENT COMMAND

0411LP0232950

1 (Reverse Blank) ORIGINAL


NWP 4-11

3 (Reverse Blank) ORIGINAL


NWP 4-11

March 1999

PUBLICATION NOTICE ROUTING


1. NWP 4-11, ENVIRONMENTAL PROTECTION, is available in the Naval Warfare Publica-
tions Library. It is effective upon receipt.

2. Summary:

a. NWP 4-11 provides environmental doctrine to commanders for use as a foundation for
their plans to accomplish objectives while achieving environmental protection. It dis-
cusses compliance and the impact of environmental regulations during progressively
demanding operational postures, from peacetime through war. Within each operational
posture, this publication identifies issues and offers guidance for specific operations in
which a commander or planner may be involved. These operations include multinational
maritime operations and environmental contingencies, such as oil spills.

b. NWP 4-11 discusses the effect of national and international environmental regulations
and agreements on naval operations. It describes the planning required to make sure na-
val operations comply with established environmental standards and minimize impacts
on the environment.

c. NWP 4-11 integrates environmental thinking into all operational planning, bringing the
subject matter into the proper level of awareness for naval planners and strategists.

Naval Warfare Publications Custodian

Naval warfare publications must be made readily available to all


users and other interested personnel within the U.S. Navy.

Note to Naval Warfare Publications Custodian


This notice should be duplicated for routing to cognizant personnel in accordance with NWP 1-01.

5 (Reverse Blank) ORIGINAL


NWP 4-11

Environmental Protection
CONTENTS

Page
No.

CHAPTER 1 — ENVIRONMENTAL PROTECTION

1.1 INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-1


1.1.1 Navy Environmental Ethic . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-1
1.1.2 The Environment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-1
1.1.3 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2

1.2 NATURE OF DOCUMENT AND RELATED GUIDANCE . . . . . . . . . . . . . . . . . . . 1-2


1.2.1 Publication Composition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2
1.2.2 Other Naval Warfare Publications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2
1.2.3 OPNAV/HQMC Guidance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2

1.3 ENVIRONMENTAL LAWS AND REGULATIONS . . . . . . . . . . . . . . . . . . . . . . . 1-3


1.3.1 International Environmental Agreements, Treaties, and Regulations . . . . . . . . . . . . . . . 1-3
1.3.2 U.S. Federal and State Environmental Requirements . . . . . . . . . . . . . . . . . . . . . . . 1-3
1.3.3 Foreign National Environmental Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . 1-3
1.3.4 Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-4

1.4 OPERATIONAL THREATS TO THE ENVIRONMENT . . . . . . . . . . . . . . . . . . . . . 1-5


1.4.1 Peacetime Operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-5
1.4.2 Military Operations Other Than War . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-5
1.4.3 Wartime Operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6

1.5 SAFETY AND HEALTH ASPECTS OF ENVIRONMENTAL PROTECTION . . . . . . . . . 1-6


1.5.1 Hazardous Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6
1.5.2 Other Health and Safety Considerations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-7

CHAPTER 2 — ENVIRONMENTAL PROTECTION DURING PEACETIME

2.1 INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-1

2.2 ENVIRONMENTAL REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-1


2.2.1 Environmental Effects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-1
2.2.2 Operational Effects of Naval Environmental Requirements . . . . . . . . . . . . . . . . . . . . 2-2

2.3 ENVIRONMENTAL PLANNING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-2


2.3.1 Preparation for Peacetime Operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-2
2.3.2 The National Environmental Policy Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-3
2.3.3 Overseas Environmental Planning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-5
2.3.4 Exercise (Including Weapon Systems Test and Evaluation) Considerations . . . . . . . . . . . 2-5
2.3.5 Contingencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6
2.3.6 Training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-8

7 ORIGINAL
NWP 4-11

Page
No.

CHAPTER 3 — ENVIRONMENTAL PROTECTION DURING MILITARY


OPERATIONS OTHER THAN WAR

3.1 INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-1

3.2 ENVIRONMENTAL REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-1

3.3 ENVIRONMENTAL PLANNING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-1


3.3.1 Force Majeure and the Doctrine of Necessity . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-2
3.3.2 Environmental Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-2
3.3.3 Preparations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-3
3.3.4 Contingencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-3
3.3.5 Training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-4

3.4 MULTINATIONAL MARITIME OPERATIONS DURING MOOTW . . . . . . . . . . . . . 3-4


3.4.1 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-4
3.4.2 Requirements and Performance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-4
3.4.3 Training for Multinational MOOTW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-5

CHAPTER 4 — ENVIRONMENTAL PROTECTION DURING WAR

4.1 INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-1

4.2 ENVIRONMENTAL REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-1


4.2.1 Environmental Effects. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-1
4.2.2 Special Considerations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-2

4.3 ENVIRONMENTAL PLANNING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-2


4.3.1 Within the Theater(s) of War . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-2
4.3.2 Outside the Theater(s) of War . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-3

CHAPTER 5 — PLANNING AND WRITING THE ENVIRONMENTAL


CONSIDERATIONS ANNEX

5.1 INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-1

5.2 THE ENVIRONMENTAL CONSIDERATIONS ANNEX . . . . . . . . . . . . . . . . . . . . 5-1


5.2.1 References. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-1
5.2.2 Situation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-1
5.2.3 Mission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-2
5.2.4 Execution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-2
5.2.5 Administration and Logistics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-3

APPENDIX A — SAMPLE ENVIRONMENTAL CONSIDERATIONS ANNEX. . . . . . . . . . . . . A-1

INDEX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Index-1

ORIGINAL 8
NWP 4-11

RECORD OF CHANGES

Change No. and Page Count Verified


Date of Entry
Date of Change by (Signature)

9 ORIGINAL
NWP 4-11

RECORD OF CHANGES

Change No. and Page Count Verified


Date of Entry
Date of Change by (Signature)

ORIGINAL 10
NWP 4-11

BIBLIOGRAPHY
The following publications and references were used as original source documents in preparation of this publication.
Accordingly, several, but not all, of these publications and references are directly referred to within this publication.

E.O. 12114, Environmental Effects Abroad of Major NWP 1-14M, Commander’s Handbook on Law of
Federal Action Naval Operations

Federal Regulation 40 CFR 1110.1 OPNAVINST 3120.32 Series, Standard


Organization and Regulations of the U.S. Navy
Geneva Convention Article 51
OPNAVINST 5090.1, Environmental and Natural
Joint Pub 4-04, Joint Doctrine for Civil Engineering Resources Program Manual
Support
OPNAVINST 5100.19, Navy Occupational Safety
Joint Pub 5-03.2, Joint Operation Planning and Health (NAVOSH) Program Manual for
Forces Afloat
Execution System (JOPES) Volume II, Planning For-
mats and Guidance OPNAVINST 5100.23, Navy Occupational Safety
and Health Program Manual
Manual of the Judge Advocate General, Section
0255 United Nations Convention of the Law of the Sea,
Article 236
MCO P5090.2, Environmental Compliance and Protec-
tion Manual U.S. Navy Regulations, 1990

MCRP 4-21C, Military Environmental Protection 16 U.S. Code 1371, Marine Mammal Protection Act

Navy/Coast Guard MOA of 1995 33 U.S. Code 1902, Act to Prevent Pollution from Ships

NDP 1, Naval Warfare 42 U.S. Code 4331, National Environmental Policy Act

11 (Reverse Blank) ORIGINAL


NWP 4-11

GLOSSARY
The following terms/phrase definitions are provided for use with this publication. Unless otherwise indicated, all
terms and definitions were extracted from applicable environmental-related Department of the Navy instructions and
publications.

A environmental impact statement (EIS). A com-


prehensive document prepared to assess the environ-
at sea/open ocean. The ocean zone beyond 12 nm mental impacts of proposed legislation or other Fed-
from shore. (See also High Seas and Contiguous eral actions that might significantly affect the quality
Zone.) of the human environment. The National Environ-
mental Policy Act requires public notice and com-
B ment before publication of a final EIS.

ballast water. Seawater taken aboard a vessel to ad- environmental planning. Efforts that consider the
just draft, trim or stability. impact of operations, training, exercises, or weapon
system introduction upon the environment and,
bilge water. Water and other liquids that collect in low where necessary, allow decision-makers to take early
places inside a ship’s hull. The bilge collects oil and wa- action to eliminate or to mitigate that impact. Addi-
ter resulting from the normal operation of machinery. tionally, environmental planning may require con-
sultation or submission of documentation (such as
blackwater. Sewage, human body wastes, and the the EIS or EA) to demonstrate that environmental
wastes from toilets and other receptacles intended to factors have been considered.
receive or retain body wastes.
excess hazardous material. Unused hazardous
C material in full, properly sealed containers that can be
returned to the supply system for reissue.
contiguous zone. The ocean zone extending be-
tween 3 and 12 nm from the shore. F

critical habitat. The physical or biological features final governing standards (FGS). Country spe-
essential to the conservation of a species listed as en- cific substantive provisions, typically technical limi-
dangered by the U.S. Fish and Wildlife Service or the tations on effluent, discharges, etc., or specific man-
National Marine Fisheries Service under the author- agement practices with which U.S. installations or
ity of the Endangered Species Act, 16 U.S.C. 531, et operations must comply.
seq. (ESA).
finding of no significant impact (FONSI). When
E an Environmental Assessment concludes that no En-
vironmental Impact Statement is necessary, the
endangered species. A species of fauna or flora FONSI documents the reasons why an action, not
that has been listed by the U.S. Fish and Wildlife Ser- categorically excluded, will have no significant im-
vice or the National Marine Fisheries Service for spe- pact upon the environment.
cial protection and management under the ESA.
force majeure. An event that cannot be anticipated or
environmental assessment (EA). A concise pub- predicted, that results in actions contrary to some law.
lic document that identifies and analyzes the environ-
mental effects of a proposed Federal action, such as a G
military exercise or construction project, upon the
graywater. Wastewater from deck drains, lavatories,
human and biophysical environment. The EA pro-
showers, dishwashers, laundries, garbage grinders,
vides documentation to determine whether to pre-
and shipboard medical facilities that does not include
pare an environmental impact statement or a finding
industrial waste, infectious waste, or human body
of no significant impact.
waste.

13 ORIGINAL
NWP 4-11

H R

hazardous material. Any material that because of record of decision (ROD). A concise summary of
its quantity, concentration, or physical or chemical decisions made by the Secretary of the Navy from
characteristics may pose a substantial hazard to hu- the range of alternatives analyzed in the Environ-
man health or the environment when released includ- mental Impact Statement. The ROD states the alter-
ing, but not limited to: natives, discusses other considerations that influ-
enced the decision, and any mitigating actions or
1. Aerosol containers monitoring required.

2. Flammable materials S

3. Toxic materials solid waste. Under Federal statute may include sol-
ids, liquids, semi-liquids, and gaseous material.
4. Corrosive materials
special areas. MARPOL designated environmen-
5. Oxidizing materials tally sensitive areas where special international pro-
visions afford additional protection. MARPOL
6. Compressed gasses. Annex I, for example, prohibits the discharge of oil
from oil tankers (and other ships in excess of 400
hazardous substance. Either a hazardous material gross tons) in the Mediterranean, Baltic, and Black
or a hazardous waste. Seas and in the Antarctic Region. MARPOL Annex
V currently prohibits the discharge of virtually all
hazardous waste. Any waste that requires special solid waste in the Baltic Sea, North Sea and Antarc-
precaution in its storage, collection, transportation, tic Region.
treatment, or disposal to prevent damage to persons
or property, including explosive, flammable, vola- T
tile, radioactive, toxic, and pathological wastes.
territorial sea. The ocean zone within 3 nm from
high seas. The ocean zone beyond 200 nm from shore.
shore.
threatened species. Any species likely to become
M an endangered species within the foreseeable future
throughout all or a significant portion of its range.
MARPOL (73/38). The International Maritime Con-
vention for the Prevention of Pollution from Ships. U

N used hazardous material. Hazardous material that


has been used in a shipboard process and has no fur-
navigable waters. The surface waters, wetlands, and ther use aboard ship, but may still be used ashore or
Territorial Seas of the United States. recycled for future use.

nonindigenous species. Any species or viable bio- W


logical material that enters an ecosystem beyond its
historic range, including any such organism trans- wetland. Areas inundated or saturated by surface or
ferred from one country to another. Examples of such ground water at a frequency and duration sufficient
species include the zebra mussel and the spiny water to support (and under normal circumstances do sup-
flea recently introduced to the U.S. Great Lakes. port) a prevalence of vegetation typically adapted for
life in saturated soil conditions. Wetlands generally
P include swamps, marshes, bogs, and similar areas.

policy. In this publication, OPNAVINST 5090.1 (se-


ries) and Marine Corps Order P5090.2.

ORIGINAL 14
NWP 4-11

LIST OF ACRONYMS AND ABBREVIATIONS


The following acronyms and abbreviations are provided for use with this publication. Unless otherwise indicated,
they were extracted from Joint Publication 1-02, Department of Defense Dictionary of Military and Associated
Terms, OPNAVINST 5090.1 Series, and other relevant Department of the Navy instructions and publications.

A JOPES. Joint Operation Planning and Execution


System.
AO. Area of operations.
JOPREP. Joint Operation Planning Reporting System.
B
L
BALTOP. Baltic operations.
LOGREQ. Logistics requirements.
C
M
CASREP. Casualty report.
MARPOL. International maritime convention for the
CFR. Code of Federal Regulations. prevention of pollution from ships.

CHRIMP. Consolidated hazardous material reutilization MCO. Marine Corps Order.


and Inventory management program.
MOA. Memorandum of agreement.
D
MOOTW. Military operations other than war.
DoD. Department of Defense.
N
E
NATO. North Atlantic Treaty Organization.
EIS. Environmental impact statement.
NAVOSH. Navy occupational safety and health.
E.O. Executive order.
NEPA. National Environmental Policy Act.
F
nm. Nautical mile.
FGS. Final governing standards.
NMFS. National Marine Fisheries Service.
FONSI. Finding of no significant impact.
NNPI. Nuclear propulsion plant information.
H
NNPS. Nuclear propulsion plant space.
HQMC. Headquarters Marine Corps.
NOAA. N a t i o n a l O c e a n i c a n d A t m o s p h e r i c
I Administration.

IMO. International Maritime Organization. NWP. Naval warfare publication.

J O

JCS. Joint Chiefs of Staff. OPLAN. Operation plan.

OPNAV. Office of the Chief of Naval Operations.

15 ORIGINAL
NWP 4-11

OPNAVINST. Chief of Naval Operations Instruction. S

OPORD. Operational order. SECNAV. Secretary of the Navy.

OPREP. Operational report. SOFA. Status of forces agreement.

OPSEC. Operations security. SSC. Smaller scale contingency.

OWS. Oil/water separator. U

R USC. United States Code.

REC. Regional environmental coordinator. USFWS. U.S. Fish and Wildlife Service.

ORIGINAL 16
NWP 4-11

PREFACE

NWP 4-11 provides environmental doctrine to com- RECOMMENDED CHANGES


manders for use as a foundation for their plans to ac-
complish objectives while achieving environmental Recommended changes to this publication may be
protection. This publication discusses compliance and submitted at any time using the accompanying format
the impact of environmental regulations during pro- for routine changes.
gressively demanding operational postures, from
peacetime through war. Atlantic and Pacific fleet units and stations and all
other units and CONUS shore activities submit rec-
Within each operational posture NWP 4-11 identi- ommendations to:
fies issues and offers guidance for specific operations
in which a commander or planner may be involved. COMMANDER
These operations include multinational maritime oper- NAVY WARFARE DEVELOPMENT COMMAND
ations and environmental contingencies, such as oil 686 CUSHING ROAD
spills. NEWPORT RI 02841-1207

NWP 4-11 discusses the effect of national and inter- URGENT CHANGE RECOMMENDATIONS
national environmental regulations and agreements on
naval operations. It describes the planning required to When items for changes are considered to be urgent
make sure naval operations comply with established (as defined in NWP 1-01, and including matters of
environmental standards and minimize impacts on the safety), this information shall be sent by message (see
environment. NWP 4-11 integrates environmental accompanying sample message format) to Com-
thinking into all operational planning, bringing the mander, Navy Warfare Development Command, and
subject matter into the proper level of awareness for all other commands concerned, clearly explaining the
naval planners and strategists. proposed change. Information addressees should
comment as appropriate. See NWP 1-01.
Throughout this publication, references to other
publications imply the effective edition. CHANGE SYMBOLS

Report any page shortage by letter to Navy Warfare Revised text in changes is indicated by a black ver-
Development Command. tical line in either margin of the page, like the one
printed next to this paragraph. The change symbol
ORDERING DATA shows where there has been a change. The change
might be material added or information restated. A
Order a new publication or change, as appropriate, change symbol in the margin by the chapter number
through the Navy Supply System. and title indicates a new or completely revised
chapter.
Changes to the distribution and allowance lists (to
add or delete your command from the distribution
list, or to modify the number of copies of a publica-
tion that you receive) must be made in accordance
with NWP 1-01.

17 ORIGINAL
NWP 4-11

(CLASSIFICATION)

RECOMMENDED
CHANGE TO: ______________________________________________________ DATE: _____________
(PUBLICATION NUMBER / REVISION / CHANGE)

LOCATION: _____________ ____________ ____________ ____________


(PAGE) (PARA) (LINE) (FIG. NO.)

TYPE OF CHANGE: ADD _____ DELETE _____ MODIFY _____ TEXT _____ FIGURE _____

EXACT CHANGE RECOMMENDED: USE ADDITIONAL SHEETS IF NEEDED. GIVE VERBATIM TEXT CHANGES. IF FIGURE IS TO BE ADDED,
SUPPLY ROUGH SKETCH OR IDENTIFY SOURCE. IF FIGURE IS TO BE CHANGED, INCLUDE A MARKED UP COPY OF EXISTING FIGURE.

RATIONALE:

SUBMITTED BY: ______________________________ ______________________________


(ORIGINATING COMMAND) (ORIGINATOR SEQUENCE NO.)

______________________________ ______________________________
(POINT OF CONTACT) (PHONE - IDENTIFY DSN OR COMM)

PRA ACTION: ACCEPTED ______ MODIFIED ______ REJECTED ______

REMARKS: (USE ADDITIONAL SHEETS IF NEEDED)

______________________________ ______________________________
(PRA POINT OF CONTACT) (PHONE - IDENTIFY DSN OR COMM)

CONFERENCE DATE: _______________________ CONFERENCE AGENDA ITEM NO.: __________

PAGE _______ OF ________

(CLASSIFICATION)

ORIGINAL 18
NWP 4-11

FM ORIGINATOR
TO NAVWARDEVCOM NEWPORT RI//JJJ//
INFO OTHER COMMAND PLAD//JJJ//
CLASSIFICATION//N03510//
MSGID/GENADMIN/(Organization ID)//
SUBJ/URGENT CHANGE RECOMMENDATION FOR NWP 4-11//
REF/A/DOC/NWP 1-01//
POC/(Command Representative)//
RMKS/
1. IAW REF A URGENT CHANGE IS RECOMMENDED FOR NWP 4-11
2. PAGE ______ PARA NO ______ LINE NO ______ FIG NO ______
3. PROPOSED NEW TEXT (Include Classification)

4. JUSTIFICATION

Message provided for subject matter; ensure that actual message conforms to MTF requirements.

19 (Reverse Blank) ORIGINAL


NWP 4-11

CHAPTER 1

Environmental Protection

By maintaining compliance with all environmental While carrying out assigned missions, operational
standards, we ensure our access to training and operat- commanders have an affirmative obligation to avoid
ing ranges on land, in the air, and at sea. We recognize unnecessary damage to the environment. Toward that
that many of our actions, whether it is to train new end, commanders must closely observe laws, regula-
Sailors or Marines, maintain readiness of combat forces, tions, and policy for protecting and preserving the envi-
or test new weapon systems have an impact on the natu- ronment in all exercises and military operations other
ral environment. We need to understand those impacts, than war (MOOTW) and at least consider them in war.
and take appropriate actions to minimize them. Beyond In peacetime, meeting environmental requirements
the strict interpretation of the law, we have an ethical re- may require modification of exercises. Failure to con-
sponsibility to conserve the natural resources entrusted sider environmental requirements or effects early in the
to us. planning process could result in exercise delays. Early
environmental protection actions or mitigating mea-
-Robert B. Pirie, Jr. sures should result in minimal or no limitations or im-
Assistant Secretary of the Navy pacts on exercise objectives.
(Installations and Environment)
1.1.1 Navy Environmental Ethic. The U n i t e d
1.1 INTRODUCTION States Navy must be both a national and international
leader in promoting environmental quality for present
Compliance with environmental laws and regula- and future generations. As a steward of the marine and
tions is having an ever-greater effect on naval opera- land environments, the Navy has an obligation to care
tions. The number of environmental laws and for the natural resources on which the world depends.
regulations that affect Navy and Marine Corps opera- Defending the environment is part of mission accom-
tions is increasing at international, national, State, and plishment; it’s good citizenship and the right thing to
local levels. Naval forces do not only comply with en- do. The Navy is committed to protecting human health
vironmental laws and regulations because of a legal re- and the environment to the extent practical while per-
quirement, but also as a matter of policy. Failure to forming its military mission. Operating in an environ-
comply with or respect (in the case of laws that do not mentally sound manner is the Navy legacy for the 21st
directly apply) these laws and regulations may jeopar- century. It’s the Navy’s way of life.
dize future operations, result in a poor public image, re-
sult in interagency disputes or civil litigation, and could 1.1.2 The Environment. Current naval operational
also subject a commander or commanding officer to publications use the term “environment” in three ways.
criminal liability. The first use describes the political, strategic, or opera-
tional context in which a military operation will take
The Navy and Marine Corps strive to lead in envi- place (e.g., the environments of peacetime, military op-
ronmental protection while effectively carrying out na- erations other than war, and war). The term also de-
val operations. To plan and operate effectively, scribes the human and physical dimensions of combat
commanders and staff personnel must be aware of envi- (e.g., geography, terrain, weather, or sea conditions)
ronmental laws, regulations, and policy; their impact that may affect the conduct of operations. The third use
on operations; and the effect of operations on meeting (and that used in this publication) refers to the ecosys-
environmental requirements; in short, how to carry out tem and encompasses both physical and biological sys-
assigned missions while achieving environmental com- tems. Environmental protection, therefore, includes
pliance or minimizing environmental effects. control of emissions to the atmosphere, land, and water;

1-1 ORIGINAL
NWP 4-11

the protection of endangered marine species; and pro- NWP 4-11 will not reiterate the requirements contained
tection of natural and cultural resources. Since naval in Navy and Marine Corps policy and guidance docu-
forces must operate in unique environments, such as the ments. Rather, it will inform operational commanders and
open ocean, littoral zones, and estuarine waters, the is- staffs of broad environmental considerations that may
sues they experience are quite different from those in- have an impact on planning and operations. Operational
volving Air Force and Army operations. commanders and planners must be thoroughly familiar
with Service environmental regulations imposed upon as-
signed forces. This knowledge will permit better planning
ELEMENTS OF ENVIRONMENTAL PLANNING and execution allowing assigned commands to achieve
established environmental requirements. It will also assist
• Policies and responsibilities to protect and unit commanders and commanding officers to meet the
preserve the environment during operations requirements of Federal, State and local laws and Service
regulations.
• Solid waste management
Chapter 1 provides an overview of the publication
• Hazardous material management and describes the strategy and need for considering
environmental protection during naval operations. In
• Flora and fauna protection chapter 2, NWP 4-11 discusses the impact of environ-
mental requirements on naval operations during
• Archeological and historical protection peacetime, including exercises. Chapter 3 addresses
environmental protection during MOOTW. In sum-
• Oil and hazardous substance spill planning mary, chapters 1 through 3 identify environmental ef-
fects on operations and the effects of operations on the
environment, including applicability and special con-
Joint Doctrine for siderations of requirements for each operation. Chap-
Civil Engineering Support ter 4 provides commanders with environmental
Joint Pub 4-04 considerations within and outside the theater(s) of
war. Finally, chapter 5 discusses the preparation of the
1.1.3 Purpose. NWP 4-11 provides environmental environmental annex (Annex L) of operation plans
doctrine to commanders for use as a foundation for (Opals) or orders (Operas).
their plans to accomplish objectives while achieving
environmental protection. It discusses compliance and 1.2.2 Other Naval Warfare Publications. Although
the impact of environmental regulations during pro- NWP 4-11 establishes environmental doctrine for na-
gressively demanding operational postures, from val operations, environmental considerations are in-
peacetime through war. Within each operational pos- corporated in other doctrine. Publications used in
ture this publication identifies issues and offers guid- planning and executing operations (e.g., strike or am-
ance for specific operations in which a commander or phibious operations, multinational maritime opera-
planner may be involved. These operations include tions, and domestic support operations) and for
multinational maritime operations and environmental providing guidance on conducting evolutions (e.g., re-
contingencies, such as oil spills. fueling at sea) also contain specific environmental
planning considerations and should be consulted.
1.2 NATURE OF DOCUMENT AND RELATED
GUIDANCE 1.2.3 OPNAV/HQMC Guidance. The directives,
OPNAVINST 5090.1 series, Environmental and Natural
1.2.1 Publication Composition. NWP 4-11, En- Resources Program Manual, and Marine Corps Order
vironmental Protection, discusses the effect of national P5090.2, Environmental Compliance and Protection
and international environmental regulations and agree- Manual, contain policy and guidance on environmental
ments on naval operations. It describes the planning re- compliance. These documents provide detailed direction
quired to make sure naval operations comply with to operating forces on preventing pollution and comply-
established environmental standards and minimize im- ing with applicable Federal and international environ-
pacts on the environment. NWP 4-11 integrates envi- mental regulations.
ronmental thinking into all operational planning,
bringing the subject matter into the proper level of Operational commanders and planners must be thor-
awareness for naval planners and strategists. oughly familiar with these policy guidance documents

ORIGINAL 1-2
NWP 4-11

and their impact upon the forces that use them. Compli- Two U.S. Federal laws are applicable to naval forces
ance with these directives will ensure compliance with worldwide. The Endangered Species Act and the Marine
Federal and international regulations. They may not, Mammal Protection Act require compliance even in in-
however, ensure compliance with foreign nation or ternational waters or on foreign shores. In addition, Ex-
State and local environmental requirements. Some- ecutive Order (E.O.) 12114 of 4 January 1979 requires
times local requirements are more stringent than those environmental planning and may impose environmental
specified in either the OPNAV Instruction or the Ma- protection restraints on U.S. forces in areas outside the
rine Corps Order. Operational commanders must then jurisdiction of any nation (the global commons).
provide sufficient guidance to assigned operating
forces to ensure that these forces consider and appropri- 1.3.2 U.S. Federal and State Environmental
ately follow the additional, applicable requirements. Requirements. Naval forces operating in the navi-
gable waters of the U.S. can be subject to Federal, State,
Staff judge advocates assigned to major staffs and regional, and local laws and regulations. Federal stat-
regional environmental coordinators (RECs) have local utes constitute the bulk of environmental law. Under
knowledge and can provide authoritative environmen- many circumstances, these requirements are applicable
tal guidance. Commanders can obtain a listing of RECs to naval forces conducting operations within areas un-
from the appropriate area commander. They are der State and local jurisdiction. States generally can
strongly advised to consider these resources early in the create and enforce more stringent criteria than Federal
planning process. laws. They have considerable leeway to follow en-
forcement interpretations of Federal laws or laws of
Forces embarked aboard ships must comply with the other States.
environmental requirements under which the ship oper-
ates. Marine Corps Order P5090.2 and Marine Corps Since Navy and Marine Corps guidance is written at
Reference Publication MCRP 4-21C, Military Environ- the Federal level, operational commanders should be
mental Protection, provide guidance to Marine Corps aware of unique State environmental requirements and
forces operating ashore after disembarking. Navy oper- ensure that assigned forces are advised of these require-
ational commanders ashore shall follow the guidance ments. Commanders can accomplish this through
of OPNAVINST 5090.1 series, once disembarked. OPLANs or OPORDs, senior officer directives, Fleet
Guides, or responses to ship logistics requests
1.3 ENVIRONMENTAL LAWS AND (LOGREQs). Commanders should seek the advice of
REGULATIONS staff judge advocates (either their own or from the staff
of the Navy Regional Environmental Coordinator or
The goal of environmental laws and regulations is to Commanding General for the AO).
prevent or reduce environmental damage. When indi-
viduals, activities, and organizations damage the envi- The foremost Federal environmental planning stat-
ronment, those responsible may be held accountable. ute is the National Environmental Policy Act (NEPA).
It must be considered when the environmental effects
1.3.1 International Environmental Agreements, have not been studied before, such as when the Navy
Treaties, and Regulations. In general, U.S. war- or Marine Corps wants to test new weapons or hold
ships, aircraft, auxiliaries, and other public platforms exercises in a new location within the territorial U.S. It
enjoy sovereign immunity under positive (United requires naval force commanders to identify and con-
Nations Convention on the Law of the Sea, article 236) and sider the environmental consequences of their actions
customary international law. However, naval forces are before carrying them out. For example, operations in
subject to some international laws and regulations as the vicinity of endangered species may require consul-
well as some U.S. legal requirements. An increasing tation with the U.S. Fish and Wildlife Service and an
number of agreements and treaties that impose these environmental assessment. Specific details for com-
laws and regulations deal with environmental protec- pliance with NEPA are contained in this publication
tion. Although some international regulations exempt and Navy and Marine Corps policy.
warships, Federal laws implementing the regulations
have made some mandatory for U.S. naval forces. For 1.3.3 Foreign National Environmental Re-
example, Congress made certain requirements of An- quirements. U.S. Navy ships operating within the
nex V, International Convention for the Prevention of territory of a foreign country (internal waters, ports, and
Pollution from Ships (MARPOL 73/78) applicable to seas out to 12 nautical miles (nm) from land and not in
Navy ships by specific dates. OPNAVINST 5090.1 series innocent passage) are subject to the laws of that foreign
incorporates these requirements and compliance dates. country as a condition of port entry, although the legal

1-3 ORIGINAL
NWP 4-11

principles of sovereign immunity preclude coastal states advocate for further information on personal liability.
from involuntarily boarding or arresting public vessels. Commanders and planners should take action through-
However, Navy policy requires ships to abide by envi- out the planning process to ensure commands or individ-
ronmental provisions contained in port visit clearances uals do not violate Federal, State, or local laws or
and/or status of forces agreements (SOFAs). regulations while carrying out assigned duties. Likewise,
commanders may also need to take action including con-
Port guides discuss such provisions, and attachés and vening an investigation in accordance with the Manual
other respondents should emphasize this in responses to of the Judge Advocate General, to determine the cause
LOGREQs. When port visit material or SOFAs do not and document environmental incidents and take
provide sufficient information, operational commanders appropriate disciplinary action.
should attempt to follow corresponding requirements of
U.S. navigable waters or ports. Where this is not feasi- U.S. naval vessels are immune from the direct appli-
ble, Navy ships should operate in a manner consistent cation of international environmental conventions.
with that of host nation warships. Naval forces ashore These vessels, however, are required to act in a manner
are required to comply with applicable SOFA provisions consistent (so far as is reasonable and practicable) with
dealing with the environment. They may also be ex- such conventions, as long as those actions do not impair
pected to comply with E.O. 12114 and the Final Gov- the operations or operational capabilities of such ves-
erning Standards (FGS) for that nation. sels. Furthermore, commanders should know that al-
though international environmental conventions do not
1.3.4 Enforcement. U.S. State and municipal envi- directly apply to naval vessels, through domestic legis-
ronmental authorities have authority to enforce their lation, the U.S. has made some international environ-
laws and regulations through civil and sometimes crim- mental standards explicitly applicable to U.S. naval
inal action against individuals. Many environmental vessels. Navy policy (OPNAVINST 5090.1 series) in-
laws also allow private citizens to sue for enforcement. cludes those legal requirements.
Enforcement actions can be in the form of Notices of
Violation, Notices of Noncompliance, warning letters, Even though a naval vessel operating in ocean areas
warning notices, citizen suit notices, consent orders, or under the jurisdiction of a foreign state has sovereign im-
other written or oral notifications of environmental munity, it must operate with due regard for that nation’s
noncompliance. Navy and Marine Corps forces shall resource-related laws and regulations. Additionally, na-
comply with applicable environmental laws and regu- val vessels must comply with any environmental re-
lations and report noncompliance, whether or not any quirements established in port visit clearances and the
enforcement action is being taken. When out of compli- local SOFA.
ance, the command must give prompt attention and ef-
fort to ensure compliance is achieved, and notify Enforcement authority of foreign coastal states over
appropriate commanders of the noncompliant condi- U.S. naval vessels is limited. Environmental authorities
tion. Prompt attention is the best defense against possi- from a foreign country do not have authority to inspect
ble criminal charges and/or civil penalties. Navy ships to determine environmental compliance
with that country’s laws. If such inspection is re-
Federal, State, or local environmental regulatory offi- quested, Navy policy describes the action to be taken. If
cials have the authority to inspect naval commands and a naval vessel is in violation of environmental laws or
activities (including ships) if the following three condi- regulations, however, it may be subject to a demand
tions are met: first, the inspection must be authorized by that the vessel leave the ocean area under the coastal
a law applicable to U.S. Federal agencies through a state’s jurisdiction.
waiver of sovereign immunity; second, the inspector must
present proper credentials from the regulatory agency; The United States may ultimately be liable for dam-
and third, the inspector must meet appropriate personnel age caused as a result of a U.S. naval vessel violating a
security requirements. Navy and Marine Corps policy foreign coastal state’s resource-related laws or regula-
(OPNAVINST 5090.1 series and Marine Corps Order tions. The Suits in Admiralty Act and Public Vessels Act
P5090.2) provide specific guidance for these inspections. have waived sovereign immunity and allow the United
States to be sued for damage caused to marine property
State and municipal jurisdictions can take criminal or resources by U.S. naval vessels and operations.
action against an individual for violations of applicable
environmental laws or regulations. Such actions nor- Environmental requirements for operations ashore in
mally apply to willful or egregiously negligent viola- a foreign nation vary since the operations must comply
tions. Commanders should consult their staff judge with any applicable SOFA, host nation laws of general

ORIGINAL 1-4
NWP 4-11

applicability, and applicable FGS. When planning for 1. Sewage (blackwater), wastewater (graywater),
operations ashore, close coordination and consultation oily waste (including ship compensating bal-
must exist between the staffs of the unified or last and bilge water) and other liquid wastes.
sub-unified commander and the senior Navy or Marine
Corps commander responsible for that region or country. 2. Hazardous materials, including the disposal of
ship and force-generated hazardous wastes.
When planning for operations ashore, operational
commanders should address claims procedures for ter- 3. Medical wastes (infectious and sharps) and those
restrial operations and maneuver damage. Com- wastes that could create the public perception of
manders should also address possible remediation being potentially infectious.
actions (post operation) during operational planning.
4. Solid wastes (including garbage, metal, wood,
The Navy and Marine Corps manage environmental paper, glass, and plastics).
compliance through internal inspections and controls,
such as training and environmental compliance evalua- 5. Energy use, including energy conservation.
tions. The ultimate responsibility for enforcing envi-
ronmental compliance within a command remains with 6. Ship and vehicular operations to avoid damage
the commander or commanding officer. to coastlines, beaches, and habitats.

1.4 OPERATIONAL THREATS TO THE 7. Ship, aircraft, landing craft, and off-road vehicle
ENVIRONMENT operations to prevent harm to marine mammals
and other endangered animal or plant species.
1.4.1 Peacetime Operations. Peacetime opera-
tions are those conducted under conditions in which the 8. Ballast water and sediment to control introduction
possibility of armed conflict is low, and forces are oper- of non-indigenous species by vessels or vehicles.
ating at a reduced condition of military readiness.
Peacetime operations include training for combat, nor- 9. Aircraft and vehicle noise.
mal steaming under peacetime conditions, and exer-
cises with other U.S. naval forces, joint forces, or allied 1.4.2 Military Operations Other Than War.
forces. MOOTW are naval operations that encompass the use of
military capabilities across the range of military opera-
To maintain operational readiness during peacetime, tions short of war. These military actions can be applied
naval operating forces strive as much as possible to op- to complement any combination of the other instruments
erate as they would during war and contingency opera- of national power and occur before, during, and after
tions. However, in peacetime, operational planners war. Examples of MOOTW include: counterinsurgency,
have time to identify the environmental effects of naval counterterrorism, peace enforcement, peace operations,
operations and take mitigating action, including estab- counterdrug operations, civil operations, evacuation of
lishing operating guidelines to protect the environment U.S. or third world country nationals, and disaster relief.
while allowing operational forces to experience the
maximum amount of realism during training. MOOTW operations are generally located within the
exclusive economic zone, territorial sea, or territory of
During peacetime operations, naval forces must another nation. Therefore, U.S. environmental laws
comply with applicable Federal, State, and local envi- would not be directly applicable to U.S. naval opera-
ronmental laws and regulations and applicable interna- tions. However, naval forces should comply with envi-
tional and host nation environmental laws. Failure to ronmental planning requirements and exercise sound
comply may result in enforcement actions against the environmental management inside the AO to the fullest
involved forces, a poor public image, the politicization extent that operational conditions and mission accom-
of routine operations and unwanted outside scrutiny of plishment allow. When an operational commander is
the non-environmental aspects of the operation, and the unable to fully comply with these management require-
possibility of denial of similar operations in the same ments because of operational objectives, he must then
location in the future. try to minimize detrimental effects on the environment.

Planning and conducting peacetime operations that Operations occurring on the high seas are subject to
protect the environment, regardless of geographic loca- the requirements of the U.S. Endangered Species and
tion, must include proper management of the following: Marine Mammal Protection Acts. Additionally, the

1-5 ORIGINAL
NWP 4-11

Ocean Dumping Act prohibits vessels from transport- OPNAVINST 5100.19 series, Navy Occupational
ing material from land to sea for the express purpose of Safety and Health (NAVOSH) Program Manual for
dumping without a permit (for example, captured Forces Afloat and OPNAVINST 5090.1 series provide
weapons or munitions). Early in the planning process, a policy and guidance for the control and management
determination must be made whether compliance with of hazardous material aboard ships (including em-
these Acts would impede operations. If so, these con- barked detachments). Commanders of embarked units
straints must be forwarded immediately up the chain of must familiarize themselves with this policy and re-
command to the Office of the Chief of Naval Opera- quire assigned personnel to follow it while stationed
tions or Commandant of the Marine Corps in order for aboard ship. Marine Corps Order P5090.2 provides
staff to pursue the necessary exemptions. hazardous material control and management instruc-
tions and guidance for Marine units operating inde-
MOOTW may require naval forces to remain pendently from ships. Other naval forces ashore must
on-station ashore or within proximity of land to pro- follow OPNAVINST 5100.23 series, NAVOSH Pro-
vide rapid response capability to deteriorating situa- gram Manual, and OPNAVINST 5090.1 series.
tions (e.g., evacuation of noncombatants). The
primary consideration must be the mission itself (sav- Navy and Marine Corps policy limits a unit’s haz-
ing lives, halting military aggression, and feeding the ardous materials inventory to the minimum necessary
starving). However, an understanding of the environ- to carry out assigned missions. Unit commanders ac-
mental planning and management requirements im- complish this by following the Consolidated Hazard-
posed upon unit commanders, particularly those ous Material Reutilization and Inventory Management
aboard ship, will permit operational commanders and Program (CHRIMP) procedures. Minimizing hazard-
planners to make informed decisions allowing mis- ous material through inventory management increases
sion accomplishment while protecting the environ- ship and personnel safety and improves ship damage
ment. For example, allowing ships to leave an inshore control capabilities. Reutilization of hazardous mate-
station for open ocean areas to discharge ship- rial until the remaining material has no further use will
generated wastes may be a viable option that planners reduce the amount of hazardous wastes created by ships
should consider during operational planning. and units ashore.

1.4.3 Wartime Operations. When other instru- Embarked units should participate in the shipboard
ments of national power are unable to achieve national hazardous material control and management program
objectives or protect national interests, naval forces to the maximum extent possible. Embarked unit com-
may be directed to conduct combat operations to gain manders must provide a list of all hazardous material
them. The goal is to win quickly with as few casualties introduced aboard to the ship’s commanding officer, in-
as possible. cluding the location of this material for damage control
and fire fighting purposes. Upon leaving the ship, the
The principal considerations regarding environmen- embarked unit should remove all hazardous materials it
tal protection during wartime operations are contained brought aboard.
in NWP 1-14(M), The Commander’s Handbook on
the Law of Naval Operations. Since ships will be carrying minimal amounts of
hazardous material, operational commanders must en-
Environmental conditions inside and outside the sure that logistics support provides needed quantities of
theater(s) of war may differ. Planners and command- these materials, when required. Failure to accomplish
ers must be informed and be aware of these differ- this may result in stockpiling of shipboard hazardous
ences and must plan operations accordingly. materials to ensure availability. Stockpiling of hazard-
ous materials aboard ship may jeopardize the safety and
1.5 SAFETY AND HEALTH ASPECTS OF health of shipboard personnel and may adversely affect
ENVIRONMENTAL PROTECTION damage control, ship survivability, and fire protection.

1.5.1 Hazardous Materials. Proper control and Because of Navy restrictions on disposal of hazard-
management of hazardous materials are important as- ous materials into surrounding waters, ships may be
pects of environmental protection. Failure to properly carrying significant amounts of these materials that
use, store, and dispose of hazardous materials can result have either been partially used or have no further use
in an adverse impact not only to the environment but aboard the ship. Allowing hazardous materials (wastes)
also to the safety and health of sailors, marines, and the to collect aboard ships will have an adverse impact on
general populace. personnel safety and health and ships’ damage control,

ORIGINAL 1-6
NWP 4-11

survivability, and fire protection. Operational com- ashore or aboard, commanders should enforce the
manders must monitor and reinforce efforts to off-load packaging, labeling, and palletizing requirements of ei-
used/excess hazardous materials (hazardous wastes) ther OPNAVINST 5100.19 series or Marine Corps Or-
from ships required to remain at sea for extended peri- der 5090.2 for ship-to-ship or shore-to-ship transfers of
ods. Aviation ships (aircraft carriers and aviation am- used hazardous material or hazardous wastes. Failure to
phibious ships) generate large amounts of used/excess do so may jeopardize the health and safety of the crew
hazardous material (hazardous wastes). For them, oper- of the receiving ship.
ational commanders should consider off-load by ship-
to-ship transfers on a weekly basis. Smaller ships need 1.5.2 Other Health and Safety Considerations.
only be supported on a four- to six-week interval. Naval personnel responding to environmental emer-
gencies, such as oil or hazardous substances spills, re-
The Navy has authorized ship-to-ship transfer of act to prevent damage to the environment, frequently
used/excess hazardous material (hazardous wastes) to with little or no concern for personal safety and health.
support ships for operational purposes. Operational Commanders must ensure these persons have proper
commanders have a responsibility to ensure that this training and equipment to protect themselves from the
hazardous material off-load does not jeopardize the material they are attempting to clean up or remove. Re-
health and safety of receiving ships. Commanders sponse personnel must not only have the equipment
should consider the following before authorizing such needed to clean up spilled or released material, but
transfers: must be given personal protective equipment such as
protective clothing and eye and respiratory protection.
1. Does the receiving ship have space available to Personnel expected to wear respirators in the perfor-
properly store the received material and continue mance of an environmental emergency response must
to safely accomplish its assigned mission? The be medically certified to do so. They must be fit-tested
receiving ship must have space available to store for the respirator to be worn, and must be trained on
the material and provide adequate fire protection how to use it.
without interfering with the ability to safely
transfer fuel and/or materials to ships. These actions cannot be accomplished in the period
between the spill occurring and the commencement of
2. How long must the receiving ship carry the re- cleanup.
ceived material before being able to off-load it
ashore? The receiving support ship should Environmental emergency response is an infrequent
off-load used hazardous material from other operation for Navy and Marine Corps personnel. Dur-
ships promptly on return to port to minimize car- ing such a response, they may perform tasks under
rying time of the material. stressful, less-than-ideal conditions. The commander
must consider these factors in planning for and ordering
Navy ships may also be assigned to carry retrograde a response, because they increase the risks to the health
hazardous wastes generated ashore. Whether generated of the personnel involved.

1-7 (Reverse Blank) ORIGINAL


NWP 4-11

CHAPTER 2

Environmental Protection During Peacetime

2.1 INTRODUCTION less, but at substantially reduced efficiency and greater


cost to the Services.
In peacetime, Navy and Marine Corps forces carry out
assigned objectives while complying with environmen- Planning must be meticulous to achieve compliance,
tal law and regulations, whether engaged in exercises, avoid unnecessary environmental degradation, and
weapons systems test and evaluation, or maintenance maintain public support for the continued use of these
and testing of shipboard equipment. delicate areas. Planning may lead to modifying exercise
objectives to achieve most if not all training goals, se-
Operational commanders and subordinates must un- lecting more favorable operating areas for conducting
derstand their mission objectives thoroughly. Similarly, the operation, and establishing environmental “rules of
they must understand their operational constraints, engagement” that will permit realistic training while
among them the spectrum of environmental laws and achieving environmental protection.
regulations. For peacetime operations, including exer-
cises, the environmental constraint is overriding. Chapter 2 discusses ship and other naval force limi-
tations and capabilities that may affect environmental
In peacetime, efficient planning and environmental compliance options. It includes guidance to maximize
incident-free operations depend upon operational com- capabilities and minimize limitations. It discusses plan-
manders and planners taking environmental consider- ning for various environmental contingencies inherent
ations into account early in the planning process. in peacetime naval operations. These contingencies in-
Environmental planning considerations deal with clude response to spills of oil and hazardous substances
achieving environmental compliance without severely by assigned units and the failure of units or personnel to
affecting mission objectives. This chapter identifies comply with environmental requirements. Personnel
measures commanders should take to ensure compli- may suddenly have to react to situations that cause en-
ance, both on land and at sea. It will help commanders vironmental damage during peacetime naval opera-
and planners assess and reduce environmental risks tions. In anticipation of these contingencies, public
while successfully completing their missions. affairs planning and training need to be addressed.

Frequently, naval forces use established operating 2.2 ENVIRONMENTAL REQUIREMENTS


areas or ranges for conducting exercises. Operating
areas are normally close to land to shorten transit dis- 2.2.1 Environmental Effects. To minimize the en-
tances. Instrumented ranges, only available on or near vironmental effects of a mission, commanders and
shore, allow naval forces to document performance planners must be knowledgeable of the effects that na-
and evaluate results. Naval forces use designated val operations may cause. These effects include:
beach areas for practicing amphibious operations and
other land areas for shore bombardment ranges. The 1. Water pollution
Navy conducts operations and training in some of the
most environmentally sensitive areas of the world. Na- 2. Air pollution
val forces must be mindful of the growing public con-
cern for the environmental effects of operations in these 3. Ground pollution
areas and must use them properly and protect their eco-
systems. Otherwise, the Navy and Marine Corps may 4. Effects on marine mammals
lose access to these areas for exercises and training, or
the public could force exercises and training operations 5. Effects on endangered species
further from land where the environmental effect is

2-1 ORIGINAL
NWP 4-11

6. Effects on cultural or architectural resources f. Presence of fish stocks or sedentary creatures


that might be affected by the operation.
7. Introduction of aquatic non-indigenous species
and the destruction of indigenous populations. 4. If the scheduled exercise or operation has not
been conducted before, is a substantial change
2.2.2 Operational Effects of Naval Environ- from prior action, uses a new operating area, em-
mental Requirements. To properly plan and ac- ploys new sensors (sonars, radars, etc.), employs
complish a mission while minimizing the effect on the new weapons, or has the potential to signifi-
environment, operational commanders and planners cantly impact the environment, including any of
must have an understanding of the environmental re- the characteristics in paragraph 3 above:
quirements affecting naval operations. These require-
ments are addressed in Navy and/or Marine Corps a. Prepare proper environmental documentation
policy (OPNAVINST 5090.1 series or Marine Corps under the National Environmental Policy Act
Order 5090.2). (NEPA) or Executive Order (E.O.) 12114
(e.g., perform an environmental assessment).
2.3 ENVIRONMENTAL PLANNING
b. If marine mammals are affected, consult with
2.3.1 Preparation for Peacetime Operations. In the National Marine Fisheries Service
preparing for peacetime operations (including exer- (NMFS) and seek legal advice from an appro-
cises or weapon systems test and evaluation) planners priate staff judge advocate.
should:
c. If endangered species or their critical habitats
1. Identify operational objectives and potential alter- are affected, consult with the U.S. Fish and
native operations that would achieve objectives. Wildlife Service or the NMFS.

2. Identify the potential effects caused by the oper- d. If cultural or architectural resources are af-
ation. These effects include: fected, consider consulting with the State His-
toric Preservation Officer.
a. Solid wastes disposal (afloat and/or ashore)
e. Identify operational limits or restrictions
b. Liquid wastes disposal (afloat and/or ashore) needed to achieve environmental compliance
and limit adverse environmental effects in the
c. Air emissions area(s) of operation.

d. Noise (including noise from machinery, sonar, 5. Identify any operational limits or restrictions im-
and aircraft operations) posed by prior environmental documentation, any
other legal mandate, base commander or Com-
e. Explosives use in the water or ashore manding General directive, foreign environmental
regulation, status of forces agreement (SOFA), or
f. Ballast water discharge Regional Environmental Coordinator requirement.

g. Vehicle or troop damage. 6. Identify possible contingencies that may occur


during the operation. Determine how each con-
3. Identify the characteristics of the environment tingency would affect the environment in the
potentially affected: area of operations and how it could be prevented
or mitigated should it occur. Determine the naval
a. Presence of endangered species or their habitats force response to each contingency.

b. Presence of marine mammals 7. For terrestrial operations in which operations or


maneuver damage may occur, identify the meth-
c. Presence of unique biota such as coral reefs ods for handling claims, including procedures
for claim submission, validation, and payment.
d. Presence of architectural or cultural resources For these operations, also address naval force
remediation efforts, including responsibility for
e. A designated marine sanctuary such actions.

ORIGINAL 2-2
NWP 4-11

8. Develop the environmental annex (Annex L) to This law is a national charter for protecting the envi-
the operation plan (OPLAN) or order (OPORD) ronment. It establishes environmental policy, sets
to address the operational limitations or restric- goals, and provides the means for carrying out estab-
tions to be imposed during the operation to lished policy. NEPA states that Federal agencies shall,
achieve environmental compliance. to the fullest extent possible, “use the NEPA process to
identify and assess the reasonable alternatives to pro-
Note posed actions that will avoid or minimize adverse ef-
fects of these actions upon the quality of the human
Appendix A is a model environmental environment,” and “use all practical means, consistent
protection annex with example entries. with the requirements of the Act and other consider-
ations of national policy, to restore and enhance the
9. Conduct training for staff and affected command- quality of the human environment and avoid or mini-
ers on the full contents of the environmental annex mize any possible adverse effects of their actions upon
(Annex L) including any operational limitations or the quality of the human environment.” In practical
restrictions imposed during the operation to terms, this requires naval commanders to study the po-
achieve environmental compliance. This training tential environmental impacts and prepare statements
should identify the reasons for such limitations. for any proposed action (including exercises) that has
potential to affect the environment. NEPA regulations
Environmental planning for an exercise or other require:
peacetime operation must comply with the require-
ments of NEPA (Section 2.3.2) or E.O. 12114 (Sec- 1. That procedures be in place to ensure that envi-
tion 2.3.3) depending upon the location of impacts, ronmental information is available to decision
marine mammal protection, and endangered species makers and citizens before decisions are made
protection. Failure to do so may result in delays in the and actions are taken; and
exercise until proper planning requirements are accom-
plished. Any unmitigated environmental impact may re- 2. That the NEPA process identifies and assesses
sult in poor public relations for the Navy and/or Marine reasonable alternatives to proposed actions and
Corps and possible prevention of similar future exercises compares the environmental effects of the
in the area of concern. Neither of these potential situa- alternatives.
tions is acceptable for the Navy-Marine Corps team.
NEPA uses a three-tiered approach to ensure that
Training in environmental protection and the off- pertinent environmental information for major Federal
loading and/or proper disposal of wastes and materials actions is available to decision makers and the public.
likely to become wastes, prior to an exercise, are good Any proposed action must fit into one of three
practices. Commanders and planners should be particu- categories.
larly aware of unique environmental protection re-
quirements that apply in the exercise area. 2.3.2.1 Categorical Exclusions. These are ac-
tions that individually or cumulatively have no impact
Full details regarding compliance with the NEPA/ upon the environment.
E.O. 12114 process and the Department of the Navy
implementing regulations are contained in OPNAVINST 1. The following types of operations applicable to
5090.1 series or Marine Corps Order 5090.2. The follow- operating forces have been granted categorical
ing sections summarize these requirements. exclusions:

2.3.2 The National Environmental Policy Act. a. Routine movement of mobile assets
NEPA requires that commanders make environmental
considerations an integral part of the mission planning b. Routine movement, handling and distribution
and decision-making process. NEPA mandates specific of materials, including hazardous materials,
procedures for environmental planning, but does not under applicable regulations.
mandate decisions. Although no criminal or civil liabil-
ity exists for failure to follow NEPA requirements, fail- 2. A categorical exclusion does not apply if one of
ure to consider NEPA may result in operational delays the following is true:
due to court-imposed injunctions and an adverse public
image. NEPA applies to impacts that occur within the a. The action affects public health or safety.
U.S. land territory and territorial sea (12 nm).

2-3 ORIGINAL
NWP 4-11

b. The action has the potential to significantly af- normally be covered by the FONSI, and no EIS
fect wetlands, endangered species, cultural re- need be prepared for that event.
sources, or contaminated sites.
4. A FONSI for a Navy planned operation or ex-
c. The action involves highly uncertain impacts, ercise is reviewed and approved by the desig-
unknown risks or scientifically controversial nated flag-level official at CINCLANTFLT or
issues. CINCPACFLT, unless the proposed action has
effects of national concern, has effects that are
d. The action establishes precedents or makes closely similar to those requiring an EIS, or is
decisions in principle for future actions with an action without precedent. These EAs will be
significant effects. reviewed by CNO (N45) and signed at the
Navy Secretariat level. Navy and Marine
e. The action is a violation of Federal, State, or Corps policies and guidance (OPNAVINST
local law or requirements imposed for the pro- 5090.1 series and MCO P5090.2) discuss the
tection of the environment. procedures for conducting an EA and actions
normally requiring EAs.
2.3.2.2 Environmental Assessments. Actions
that potentially have a significant effect on the environ- 5. The following are examples of actions involving
ment require the writing of environmental assessments naval units in peacetime operations that under
(EAs). EAs are documents providing sufficient evi- normal conditions would require preparation of
dence and analyses to determine whether the action an EA:
triggers the requirement for an Environmental Impact
Statement (EIS) or no significant impact. If no signifi- a. Training exercises on or over nonmilitary
cant impact is determined as a result of an action, then a property.
finding of no significant impact (FONSI) is prepared.
b. Major training exercises on military property
1. The preparation of an EA may be exacting and not categorically excluded, for which the im-
time consuming. pacts are unknown, or the impacts are not al-
ready known to be significant.
2. The Navy and Marine Corps’ policy is to con-
duct sound planning from both an operational c. Proposed use of tidal or non-tidal wetlands that
and environmental perspective. If a proposed ac- would require a special permit.
tion is not covered by a categorical exclusion or a
previous FONSI, then the commander must initi- d. New target ranges or range mission changes
ate an environmental assessment. NEPA also re- that would increase environmental impact.
quires an EA if a commander does not know
beforehand whether a proposed action (i.e., exer- e. Exercises conducted at the request of a State
cise, weapon system test, etc.) will significantly or territorial government (a ship sinking, for
affect the human environment or will be contro- example, to create an artificial reef) when en-
versial regarding environmental effects. An EA vironmental impact might be expected.
is an analysis of the potential environmental im-
pact of a proposed action. Documentation will be f. New, low altitude aircraft training routes
prepared even if certain effects are unknown. To and/or special-use airspace and warning areas
the extent that factors cannot be quantified, the wherein overflights impact persons or wild-
planner should identify the gap, complete the life, particularly endangered species.
analyses, and reach a conclusion.
g. Any activity proposed that may adversely
3. When a planned event is similar to one declared a affect a threatened or endangered species or
categorical exclusion or one that has previously the designated or proposed critical habitat of
been determined to have no significant impact but an endangered species.
is different because of one or more factors, the EA
need only delve into those factors that make it dif- h. Any activity proposed that would adversely
ferent from the prior documentation. If the result- affect historical or cultural sites either now on
ing EA of those factors concludes that a FONSI the National Register of Historic Places or eli-
can be issued, then the entire event would gible for inclusion on the National Register.

ORIGINAL 2-4
NWP 4-11

i. Transportation of hazardous substances, con- exists and for which significant environmental impact
ventional munitions, or other wastes for inten- may occur, a staff judge advocate should be consulted.
tional disposal into the oceans by any naval unit.
2.3.4 Exercise (Including Weapon Systems
j. Any action for which the environmental effect Test and Evaluation) Considerations. Exercises
is scientifically controversial. (including weapon systems test and evaluation) under
peacetime conditions require a high degree of compli-
2.3.2.3 Environmental Impact Statements. Ac- ance with environmental regulations. The only excep-
tions that will affect the environment in a significant tions to full compliance with appropriate environmental
way or are environmentally controversial cause the requirements would be emergency situations that
writing of an EIS. These statements provide full and threaten human life or the safe operation of ships, air-
unbiased discussion of the potentially significant envi- craft, or other major equipment.
ronmental effects to inform the decision-maker for the
operation and the public. EISs also describe the reason- Naval planners consider all aspects of an exercise from
able alternatives that will avoid or mitigate those use of weapons and sensors to logistics when planning an
impacts. exercise. The environmental effects of these efforts must
also be considered. By considering and mitigating envi-
1. The planned activities of naval units in an exer- ronmental effects of an exercise early in the planning
cise may require an EIS if the EA concludes that stage, naval commanders can reduce the impact of the ex-
a significant impact on the environment might ercise on the environment and can prevent the loss of
occur or the action may be of national concern or valuable training areas for future operations.
is similar to one previously requiring an EIS.
Navy and Marine Corps policies and guidance Limitations on assigned naval forces may preclude
provide EIS development procedures. the successful completion of some exercise objectives
in order to achieve environmental compliance. In this
2. When an EIS is completed, a record of decision event, planners must do their best to achieve exercise
(ROD) is signed by the Secretary of the Navy or objectives while fully complying with environmental
his designee documenting the chosen alternatives regulations. The impact of these limitations may be re-
and identifying mitigation to be implemented. duced by intelligent planning. For example, units that
are required to operate within 3 nm of the beach may be
3. If the ROD imposes special environmental re- chosen from among several ships with a capacity to
quirements on the naval commander to mitigate hold sewage or store trash greater than alternate ships.
environmental impacts identified in the EIS,
these unique environmental requirements must Planners may modify exercise objectives to achieve
be specifically addressed in the OPLAN or most goals, may select more favorable operating areas
OPORD environmental annex (Annex L) devel- for conducting the operation, or may establish environ-
oped for the operation. The naval force com- mental “rules of engagement” that will permit realistic
mander must ensure that assigned forces are training while achieving environmental protection. En-
aware of and comply with these additional envi- vironmental factors should influence the exercise plan-
ronmental requirements. ner’s choices, as do tactical factors.

2.3.3 Overseas Environmental Planning. When Unless there is some advantage (such as providing am-
planning a naval operation to be conducted in the global phibious experience on a unique type of beach) that will
commons or in the territory or the territorial waters of justify the expense, both of time and operational limitations
another nation and the possibility of significant harm to meet the required restraints, commanders should plan
exists, an overseas environmental assessment or over- exercises in areas free of endangered species or cultural re-
seas environmental impact statement or environmental sources such as historic sites. If military necessity requires
review may be required under E.O. 12114. Navy poli- use of these areas for an exercise, training, or other opera-
cies and guidance (OPNAVINST 5090.1 series and tion, then the planner must ensure that consultation with the
MCO P5090.2) discuss procedures for completing proper authorities occurs and that mitigating actions agreed
these documents. upon as a result of these consultations are incorporated into
the environmental annex (Annex L) of the exercise plan or
The requirements of NEPA extend to 12 nm from OPORD. Commanders should use previously employed
U.S. shores. If an exercise is planned for any area for training sites that result in the least environmental effects
which a question of NEPA or E.O. 12114 applicability and artificial constraints, whenever possible.

2-5 ORIGINAL
NWP 4-11

Some exercises and naval operations, although con- capabilities of the participating units will most likely
ducted further from land, may still have an environmen- differ as widely as their operational capabilities. The en-
tal effect. For example, the Navy conducts target ship vironmental protection capabilities, both in equipment
sinking exercises (SINKEXs) to test weapons systems and procedures, used by U.S. naval forces may exceed
and improve the reality of training. Since a SINKEX re- those of other member nations, and conversely, the limi-
sults in the sinking of the ship, it requires extensive prep- tations experienced by the other member nations may be
aration to remove pollutants from the target vessel. greater than those of U.S. forces. These factors should be
Following preparation of the designated hull, command- considered during development of the environmental an-
ers must ask specific permission for the exercise from nex (Annex L) to the plan or OPORD.
the Chief of Naval Operations. Commanders and Offi-
cers in Charge of Exercises must carry out SINKEXs per 2.3.5 Contingencies. The Navy and Coast Guard
Navy policy (OPNAVINST 5090.1 series). have a 1995 memorandum of agreement (MOA),
signed by the Secretary of Defense, the Secretary of
Established Navy operating areas may be located near Transportation, the Chief of Naval Operations and the
or within marine sanctuaries. The regulations establishing Commandant of the Coast Guard, on Environmental
these sanctuaries generally permit naval operations con- Defense Operations and Pollution Response Activities.
ducted prior to their establishment to continue. Specific Both the Navy and the Coast Guard have shared inter-
limitations on DoD activities are contained in the Code of ests and complementary capabilities for protecting the
Federal Regulations (CFRs). Any new, potentially harm- marine environment through efforts to prevent and mit-
ful use of these sanctuaries requires consultation with the igate incidents of marine pollution. The MOA provides
National Oceanic and Atmospheric Administration for the Services to coordinate their response to pollu-
(NOAA). “New use” is defined as any activity not listed tion incidents in peacetime, overseas, or in domestic
in the CFRs for that specific sanctuary. Planners conduct- waters to maximize resources and capabilities. The ap-
ing exercises within or near established marine sanctuar- plication of this MOA to military operations other than
ies and testing new weapon systems, ordnance, or tactics war (MOOTW) is discussed in Section 3.3.4.
should take action to avoid the sanctuary, perform any
new actions outside the sanctuary, or consult with NOAA Environmental contingencies may occur during ex-
regarding the new use of the sanctuary area. If, after con- ercises. For example, installed equipment may fail,
sultation, protective restrictions apply to operations, plan- causing units with modern capabilities to process or
ners should note these restrictions in the environmental store wastewater to be forced to discharge it to protect
annex (Annex L) of the exercise plan or OPORD. personnel safety and health. Commanders must know
whether to order a Manual of the Staff Judge Advocate
Existing naval operating areas may encompass mi- General Section 0255 investigation and understand the
gratory routes, breeding grounds, or habitats of marine Joint Operational Reporting (JOPREP) requirements.
mammals. In these situations, early planning must be In addition, they must decide which contingencies may
conducted to prevent harm to the mammals from naval require termination of an exercise, and which may per-
forces operating in these areas. Planning may include or mit the exercise to continue.
require prior consultation with the NMFS to protect
marine mammals. For example, the winter habitat for 2.3.5.1 Oil Spills. Of all possible environmental
the Northern Right Whale coexists with the operating contingencies, the most likely and most destructive is the
areas and submarine transit lanes for Naval Station accidental release of large quantities of oil into the sea or
Mayport, FL, and Submarine Base Kings Bay, GA. Op- on land. Spilled oil is persistent, destructive to marine
erations, including transits, conducted during the win- life, and can close beaches. Oil spills can occur from a
ter months (December through March) by naval forces variety of means. A naval force must promptly minimize
operating in these areas have various restrictions placed the spread of the oil, keep it from coming ashore, recover
on them. For example, gunfire exercises must occur it when practicable, and clean the shoreline if the oil does
outside and directed away from the known whale habi- ultimately come ashore. Commanders facilitate these
tats. Ships must operate at speeds in which they can de- objectives by promptly communicating to responsible
tect and avoid the whale or the whale can avoid the seniors and the Regional Commander the facts of a spill,
ships. Ships and aircraft must report whale sightings. so that oil spill response organizations can be brought in
Details on such concerns can be obtained from the Re- to minimize damage and clean up the spill.
gional Commander.
Small spills also have a potential to damage the envi-
During peacetime multinational maritime operations ronment. The spilling activity can usually clean these up
(including exercises), the environmental protection with minimum effort. Although small spills may have

ORIGINAL 2-6
NWP 4-11

limited environmental effect, they may be extremely spill (as appropriate), and finally, take appropriate ac-
visible. Even small oil spills require prompt action by tion to clean it up.
the spiller. Commanders should be aware of small oil
spills and should determine their root causes, to prevent Naval commanders at all levels must plan for haz-
future occurrences. ardous material spills and must inform the force com-
ponent members of expected actions should a spill
Occasionally, larger spills may occur that have the occur. The vehicle for this is usually the environmental
ability for significant, major, or even catastrophic envi- annex (Annex L) of the plan or OPORD.
ronmental impact. These major spills may be beyond
the capability of naval forces to control and are usually Spill contingency plans should address spill preven-
beyond their capability to clean up. To minimize the en- tion and reporting, initial control actions, cleanup ac-
vironmental impact of such a spill, commanders and tions, and spill command and control responsibilities.
commanding officers should immediately report the The plans should also address availability and location
spill, speeding the arrival of competent help, whether of equipment (including personal protective equip-
the spill comes from the naval force or some other ves- ment) for control and cleanup, safety and health of per-
sel or activity. Following reporting, they should try to sonnel, and training. If the naval force is relying on the
control the spread of the spill. response capability of another government, agency, or
Service, the planning document should list points of
The naval force commander must promptly involve contact and relevant memoranda of understanding that
his public affairs officer and judge advocate general to pertain to the contingency.
address the public affairs implications of a large oil
spill. The commander can mitigate the adverse impact 2.3.5.3 Contingency Planning for Peacetime
of this notification by promptly ensuring that com- Multinational Maritime Operations. Contingency
manders ashore (who will have to deal with the press) planning for oil or hazardous substance spills for multina-
are aware of efforts to minimize the spill effects and tional maritime operations is extremely important. Partici-
clean it up. Factual information quickly released puts pating members must be aware of reporting requirements
the best face on bad news. and actions expected of them in the event that they or any
other member experience an oil and hazardous substance
Naval commanders at all levels and their staffs must spill. Planners should also be aware of the spill cleanup
plan for oil spills and must inform the force component and control capabilities of assigned units so assistance can
members of the expected actions should an oil spill oc- be requested or directed in the event of such an occur-
cur. This should be done through the environmental an- rence. These preparations will allow the naval operating
nex (Annex L) of the plan or OPORD supporting the force to combat a spill in the most effective manner.
operation. Contingency plans should discuss spill pre-
vention and reporting, expected initial control and During multinational maritime operations, planners
cleanup actions, and the availability and location of may find some member nations define oil spills differ-
cleanup support forces. These plans may also discuss ently, or react to and clean up an oil spill differently than
command and control responsibilities, equipment (in- U.S. forces. The capability of some member nation units
cluding personal protective equipment) for control and to respond may also differ from those of comparable
cleanup, safety and health of personnel, and training. U.S. units in the operation. National reporting require-
ments may exist for member nations that differ from
2.3.5.2 Hazardous Substance Spills. Spills or those of the U.S. These reporting requirements may ne-
releases of hazardous substances can result from a va- cessitate direct and immediate reporting to their national
riety of actions. Most hazardous materials package leadership for this type of incident, delaying notification
sizes used by naval operating forces limit the amount of the naval force commander. Consensus will have to be
of material available for release. Accordingly, the obtained with member nations on the procedures of oil
amount of hazardous material spilled or released to the spill prevention, spill reporting, spill control actions, ex-
environment will likely be small (55 gallons or less). pected spill cleanup actions, and oil spill command and
Most hazardous materials used by naval operating control. However, it must be an established principle of
forces are not so toxic that they will immediately en- operations that each nation is responsible for paying the
danger personnel other than operating forces. In the costs (or providing resources) to control and clean up
event of a spill, naval forces should first attempt to spills by their vessels. Where possible, the adopted con-
stop the spill. Next, they should minimize personnel tingency procedures should be exercised to determine
exposure to the spilled material and take appropriate the ability of the multinational maritime force to prop-
action to control its spread. They should report the erly and effectively control a potential spill.

2-7 ORIGINAL
NWP 4-11

Similarly, differences may exist between U.S. protection during exercises is by training involved
forces and the member nations regarding the defini- personnel on the environmental requirements for the
tion of a hazardous substance spill and the procedures operation and actions expected of all participants. In
for the handling and disposal of hazardous material. particular, unique requirements imposed by the opera-
The U.S. strictly limits the disposal of hazardous ma- tion should be discussed in the exercise plan or OPORD
terial at sea; however, no universal international stan- environmental annex (Annex L). Training on these re-
dard exists prohibiting at-sea disposal of hazardous quirements should be accomplished prior to the start of
material other than the London Dumping Convention, the exercise.
an international treaty. U.S. Navy ships report all haz-
ardous material spills that go overboard. Spills on land Naval force commanders must be aware of special
within the U.S. require reporting dependent upon the environmental requirements imposed on an exercise as
amount and the type of hazardous material spilled. a result of a ROD from an EIS or consultations regard-
Commanders and planners need to establish consis- ing marine mammals or endangered species. Planners
tent spill reporting criteria, spill control procedures, must incorporate these requirements into the OPLAN
spill cleanup procedures, and command and control or OPORD environmental annex (Annex L), and par-
responsibilities in the environmental annex (Annex L) ticipating unit commanders and commanding officers
in the event a hazardous substance spill occurs during should be specifically trained on the emergent require-
the operation. ments during preparations for the exercise.

2.3.5.4 Looking Ahead. Commanders and plan- Since most of the training may be unique to the exer-
ners must anticipate operational difficulties and ship cise, most of it must be conducted by the participating
limitations that may affect environmental compliance. commands and personnel planning the operation (the
By anticipating contingencies, arrangements with the persons who would most likely know the environmen-
Navy Regional Commanders and regulators may be tal pitfalls and how to avoid them). Assistance from
agreed upon beforehand and not on an ad hoc crisis ba- knowledgeable staff judge advocates should be sought
sis after delays have occurred. for command level training. General environmental
training of ships’ crews and support personnel may be
2.3.6 Training. The best means of ensuring envi- obtained through courses offered at Navy or Marine
ronmental compliance and enhancing environmental Corps schools.

ORIGINAL 2-8
NWP 4-11

CHAPTER 3

Environmental Protection During Military


Operations Other Than War

3.1 INTRODUCTION to pursue statutory exceptions will be made at the


Joint Chiefs of Staff (JCS) or DoD/SECNAV (or other
Military operations other than war (MOOTW) is a Service Secretary if a joint operation) level.
term used to cover a spectrum of tasks for military
forces. These tasks range from simple show the flag 3.3 ENVIRONMENTAL PLANNING
operations, with little or no prospect of violence, to vi-
olent but short-lived combat deliberately undertaken Military operations other than war are inherently
in pursuit of a national or multinational goal. short-fused operations that do not permit detailed
planning because of lack of time. Commanders must
These operations are usually emergencies, begun plan these kinds of operations rapidly and often under
and prosecuted with little time to plan as thoroughly conditions of increased security, both of which hinder in-
as for exercises or peacetime operations. In this teragency communications. Given the time-consuming
pragmatic situation, commanders must make nature and deliberate planning focus of the National En-
choices and tradeoffs, because goals conflict, or the vironmental Policy Act (NEPA) and Executive Order
means of achieving a goal is at odds with one or (E.O.) 12114, the normal procedures for environmen-
more requirements. Ideally, naval forces should tal documentation usually will not be followed in
carry out operational missions with care to protect MOOTW. However, NEPA does have abbreviated
the environment. In the real world of MOOTW, procedures for emergencies such as support of
sometimes this cannot be accomplished at the level MOOTW operations. Executive Order 12114 is even
all would like. Chapter 3 discusses how a com- more flexible and has exemptions and exclusions for
mander plans for national and multinational mari- emergencies, armed conflict, and humanitarian relief.
time operations other than war while maximizing Further details on how to meet these relaxed require-
protection of the environment. ments are contained in Navy and Marine Corps policy
(OPNAVINST 5090.1 series and Marine Corps Order
3.2 ENVIRONMENTAL REQUIREMENTS 5090.2).

During MOOTW, all legal requirements imposed Even though an exemption may exist, command-
by various jurisdictions during peacetime still apply. ers still have an obligation to conduct sound analytic
There is no general suspension of any environmental planning that considers environmental impacts. The
law or regulation for reasons of expediency or level of detail, of course, will depend on available
necessity. planning time, security, and site access.

Certain laws do allow exceptions for national secu- To the extent that MOOTW are planned and car-
rity or emergencies. These exceptions are very rare, ried out rapidly, some environmental concerns may
fact-specific, and limited in their application. The plan- be at risk. Inevitably, some environmental effects
ner of MOOTW must be aware of the laws, understand may occur during MOOTW that might have been
the reasons for their existence, and plan to protect the foreseen and avoided, had there been time to fully
environment as practicable while achieving MOOTW consider environmental impacts and mitigating ac-
objectives. The planner, in consultation with his judge tions. When lives or major national interests are at
advocate, should identify, as quickly as possible, those risk, it becomes necessary to prioritize. Often envi-
requirements that will prevent mission accomplish- ronmental concerns must be subordinated to other
ment. The commander should forward requests for re- more important national interests, certainly to the
lief up the chain of command. Ultimately, the decision preservation of human life.

3-1 ORIGINAL
NWP 4-11

This does not mean that environmental protection abeyance a law that ordinarily applies, but which if
has no place in MOOTW. To the extent that time and strictly observed under the unusual circumstances of
circumstances allow, all existing environmental re- the situation, will lead to greater harm than that result-
quirements observed in peacetime should be observed ing from disobeying the law. The doctrine does not
during MOOTW. Planning to minimize environmental hold if an individual, because of his own negligence,
effects requires judgment by naval commanders and brought about the situation forcing him to choose to
their supporting staffs. They must consider tradeoffs obey or disobey.
between environmental protection and operational
risks. If they can meet applicable standards without One aspect of Force Majeure refers to the inability
jeopardizing the mission, of course, they should. If they of a vessel to obey a law because of a breakdown or
cannot meet all standards, then they must seek actions malfunction of equipment. Inoperable machinery pro-
that minimize the environmental effect with minimal vides a legal defense for not obeying a law that other-
operational impact. wise is binding. The machinery must not be inoperable
because of negligence on the part of the vessel using
The level of environmental consideration for com- the defense. This doctrine can pertain to the effect of
manders and planners will vary with the location of the breakdowns of waste treatment machinery and the con-
unit or command relative to the area of operations (AO). sequent inability to obey an environmental law.
Forces operating outside of the AO (for example, a na-
val force transiting to the operation) for which the risks Some of the laws governing environmental protec-
are much lower should be more attentive to environmen- tion have clauses allowing noncompliance under cer-
tal protection and standards than forces within the AO. tain stated circumstances. However, the doctrine of
necessity is applicable to all laws. No law protecting
The level of environmental consideration for operat- the environment requires a commanding officer or mas-
ing forces may also vary with the phase of an operation. ter to hazard the ship and risk the lives of the crew. In
For example, during the rehearsal and transit phases of other words, if compliance with an environmental law
an amphibious operation to support a foreign national risks loss of ship or crew, that is grounds for noncom-
emergency, the level of environmental consideration pliance/nonadherence.
should be much higher than when the amphibious land-
ing is actually accomplished, particularly if hostile re- The possibility of this situation occurring is recog-
action to the operation is anticipated or occurs. During nized in Navy policy. Many Navy discharge policies
the withdrawal phase of a successful operation, the permit noncompliant discharges in the event that failure
level of environmental concern should increase to a to discharge the waste would result in damage to the
level appropriate to the tactical situation. The peaceful ship or adversely affect the safety and health of the
transit back to homeport or other deployed site should crew. Force Majeure permits waste discharges under
have an even higher level of environmental concern, those conditions not specifically addressed in Navy
consistent with peacetime operations. Operational policy. Such discharges should consist of the minimum
commanders and their planning staffs have to consider necessary to protect a ship and/or crew and should be
all these factors in preparation for such operations. addressed in the ship’s logs. These discharges should be
reported to operational seniors, and appropriate action
Other factors affect the level of environmental pro- should be taken to repair equipment or move the ship to
tection by the naval force. Equipment or systems to an area in which such discharges are compliant.
achieve compliance afloat or ashore may be inoperable
or operating at reduced capability. The weather or ter- 3.3.2 Environmental Compliance. However
rain may not permit planned actions to achieve environ- short planning time may be, considering environmental
mental compliance. Conditions may exist in which factors as early as possible will have several important
environmental compliance jeopardizes the health or results. Naval operations that have an environmental ef-
safety of ships’ crews, embarked personnel, or forces fect can be identified and measures taken to eliminate or
ashore. Given these factors, safety of ship, health and minimize the effect without jeopardizing the mission.
safety of ships’ crews and embarked forces, and health The commander can develop and publish envi-
and safety of forces ashore take precedence over envi- ronmental “rules of engagement” (ROE) in the environ-
ronmental protection. mental annex (Annex L) to the OPLAN or OPORD that
will minimize the impact of environmental effects on
3.3.1 Force Majeure and the Doctrine of Ne- the operation. By early consideration of the environ-
cessity. Force Majeure is related to the doctrine of ment, commanders will become aware of the environ-
necessity that allows, for a given situation, holding in mental effects of mission accomplishment while

ORIGINAL 3-2
NWP 4-11

alternatives still exist. They will know what the envi- support equipment will come to aid in the prevention of
ronmental law and regulations demand of them, and spreading and cleaning up the spilled/released material.
will be able to plan efficiently and act accordingly.
Commanders should strive to comply with any
3.3.3 Preparations. Habitual compliance with Ser- unique environmental protection requirements associ-
vice environmental regulations prior to MOOTW is the ated with the AO. These include: measures to protect en-
best means of achieving environmental compliance and vironmentally sensitive areas, such as coral reefs, for
protection during the operation. Before any operation, which increased discharge restrictions may be imposed;
as a part of Navy and Marine Corps military training, marine sanctuaries in which operations may be limited;
personnel required to handle wastes, process waste areas that a protected marine mammal uses as a breeding
streams, or handle oil or hazardous materials, and their ground in which naval operations may adversely affect
supervisors, must be trained in these tasks as part of mating or calving; areas in which a protected or endan-
their indoctrination, advancement, and qualification. gered species resides, is known to have habitats, or uses
Additionally, to the greatest possible extent, command- for laying eggs; and areas containing aboriginal artifacts,
ers must compel their units to repair, make fully opera- cultural resources, or famous architecture. For each of
ble, and use all environmental protection systems and these sensitive areas, depending upon the mission or ob-
equipment, prior to any operation. Ships and other units jectives of the naval operation, special operating require-
should report all significant casualties to environmental ments or environmental ROE may be necessary to
protection systems (for example, plastics waste proces- ensure environmental protection.
sors, OWS, etc.) by CASREP and other means to allow
appropriate planning action and prevent undesired 3.3.4 Contingencies. The Navy and Coast Guard
events. have a 1995 memorandum of agreement (MOA), signed
by the Secretary of Defense, the Secretary of Transporta-
Ships should off-load excess and used hazardous ma- tion, the Chief of Naval Operations and the Comman-
terial before beginning any MOOTW. Naval forces dant of the Coast Guard, on Environmental Defense
should carry only the minimum amounts of hazardous Operations and Pollution Response Activities. Both Ser-
material necessary to accomplish the expected mission. vices have shared interests and complementary capabili-
Where possible, forces should off-load used or excess ties for protecting the marine environment through
hazardous materials before entry into the AO or begin- efforts to prevent and mitigate incidents of marine pollu-
ning operations at sea for extended periods. Where the tion. The term “environmental defense” relates to any
potential for hostile action during the MOOTW is signif- actions against adversaries’ attempts at environmental
icant, commanders should consider directing participat- exploitation during hostilities that could potentially dis-
ing ships to carry out the Strip Ship Bill (See rupt defense operations and impact natural resources and
OPNAVINST 3120.32 series) prior to leaving port. national economies. Under the MOA, the Coast Guard
Where that is not possible, ships should accomplish strip participates in the joint operational planning process, in-
ship actions prior to entering the AO, observing environ- cluding anticipation of environmental exploitation
mental requirements for the disposal of materials. Upon during hostilities and the development of related intelli-
completion of any naval operations ashore, forces should gence to facilitate response and minimize operational
arrange for the removal or proper disposal ashore of any interference and environmental damage.
hazardous materials introduced during the operation. If
anticipating operations ashore for extended periods, The guidance provided in Chapter 2 for peace-
forces should arrange for processing of such material ei- time and exercises applies to MOOTW and multina-
ther by the host or by Service forces. tional maritime operations, with the following added
guidance:
Before any MOOTW, naval commanders and plan-
ning staffs should ensure that contingency plans for oil 3.3.4.1 Oil and Hazardous Substance Spills.
and hazardous substance spills are current. They should No force should expose itself to hostile fire in order to
discuss contingencies that might occur during the oper- clean up an oil or hazardous substance spill, or linger in
ation. They must review spill prevention practices to a threatening area with the potential for combat while
ensure they are current and effective. The naval forces cleaning up a spill.
should possess spill control and cleanup material to ac-
complish the initial response to the most serious spill 3.3.4.2 Other Environmental Contingencies.
they can cause during the operation. Commanders and Other environmental contingencies may occur during
planners should advise assigned units of the notifica- MOOTW. These contingencies may result from the
tion procedures for a spill and should know from where breakdown or malfunction of machinery and equipment

3-3 ORIGINAL
NWP 4-11

(Force Majeure) or the inadvertent or willful disregard Naval force commanders and their planning staffs
or violation of environmental requirements by operat- must be aware of the cultural differences among naval
ing force personnel or units. Other members, the gen- forces of the member nations. These cultural differ-
eral public, or the media may witness these events, so ences may include language, values, religious systems,
failure to take prompt and appropriate action may exac- and economic and social outlooks. Even minor differ-
erbate the consequences of the incident. Environmental ences, such as the priority given to environmental pro-
annexes should require naval operating forces, know- tection, can have a significant impact on the success of
ing of the violation of established environmental re- this aspect of an operation. Although national language
quirements for the MOOTW, to report them to the differences are a concern when coordinating multina-
operational commander for appropriate action as re- tional maritime operations, inconsistencies in terminol-
quired by U.S. Navy Regulations. The environmental ogy may be of even greater consequence. Even if the
protection annex (refer to appendix A) should address multinational maritime forces adopt common practices,
the format and type of report. nuances in interpretation may cause confusion in ac-
complishment of environmental protection. The com-
3.3.4.3 Public Affairs Plans. Environmental inci- mander must work to resolve the misunderstanding.
dents frequently draw media coverage, for which inten-
sity of interest is not always proportionate to the No two nations will share exactly the same reasons
seriousness of the incident. Each contingency plan for entering a coalition or alliance. Similarly, no two na-
prepared for an operation should address methods for tions will share exactly the same concerns or require-
handling the public affairs aspect of the contingency. ments for environmental protection. Besides agreeing on
In accordance with United States Navy Regulations, common goals and objectives for an operation, com-
article 0832, the commanding officer must report the manders of participating naval forces must reach some
circumstances of environmental noncompliance with understanding on environmental protection measures
standards to his immediate superior in the chain of during the operation. A common ground would normally
command. This will allow that officer to address ques- be the international regulations for the prevention of pol-
tions from the media. lution at sea established by the International Maritime
Organization under MARPOL. MARPOL, however,
3.3.5 Training. The best means of ensuring environ- does not address environmental protection ashore.
mental compliance during MOOTW is to train involved
personnel on the environmental requirements for the op- If a multinational maritime operation host nation ex-
eration. Time constraints may limit training, but even ists, that nation will normally require participating forces
briefings passed by message will help. In particular, to observe, as a minimum, their environmental practices
commanders should address unique requirements im- for operations inside that nation’s territorial sea. These
posed by the OPLAN or OPORD environmental annex environmental practices may be more stringent than
(Annex L). Forces should accomplish some training be- those of the other participating nations. The host nation
fore the start of the operation and the balance during may specify requirements more stringent for operations
transit. Commanders at all levels of command should be than those they normally practice. The host nation may
aware of mission objectives and environmental require- be reluctant to bear the costs or attention involved in
ments (or ROE) mitigating actions when some damag- cleaning up following the operation on its soil or in its
ing environmental effects are anticipated, as well as waters. Naval commanders and planning staffs must
potential operational tradeoffs that they may deal with consider these factors when planning for the conclusion
while accomplishing the mission. of operations. When naval commanders are asked to ex-
ecute a document, or make commitments regarding en-
3.4 MULTINATIONAL MARITIME OPERATIONS vironmental compliance or cleanup issues, they should
DURING MOOTW consult with their staff judge advocate in order to avoid
waiving U.S. sovereign immunity.
3.4.1 Introduction. U.S. naval forces may be oper-
ating as part of a multinational maritime force in pursuit 3.4.2 Requirements and Performance. For op-
of a common objective. Many MOOTW have been un- erations that take place on land or in the littoral regions,
dertaken as “multinational maritime operations.” For the main question the commander must answer is,
these situations, in absence of multinational doctrine, which environmental protection requirements apply?
the force commander will apply his national rules. The Requirements may not exist or may be ineffective in
doctrine contained herein can provide a basis for envi- protecting the environment and, therefore, may not be
ronmental protection during multinational maritime acceptable as a standard the naval force member nations
operations. would accept. Forces of one nation may take certain

ORIGINAL 3-4
NWP 4-11

environmental protection measures while forces of an- 3.4.3 Training for Multinational MOOTW. In
other working alongside may not. multinational maritime operations, doctrine, training,
and experience may vary substantially among the naval
In preparing for multinational maritime operations, forces of member nations. The practices of U.S. forces
one method by which national naval forces can under- may be more stringent than those observed by other na-
stand the environmental protection requirements of tions, or other nations may observe stricter require-
others is to train with them. Annually, NATO and Part- ments than those observed by U.S. forces.
nership for Peace nations conduct a multinational mari-
time exercise in the Baltic Sea. Because the Baltic is Training is extremely important for achieving envi-
nearly a closed sea, with little water interchange with ronmental compliance during multinational maritime
other seas, great effort exists among the Baltic nations operations. Once the environmental annex (Annex L)
to reduce pollution from ships. The Baltic Operations has been issued, forces from participating nations must
exercise (BALTOPS) has allowed ships to apply envi- conduct training on the environmental requirements es-
ronmental protection practices as well as to learn how tablished for the operation. If possible, evolutions that
to operate with each other tactically. may have a severe impact on the environment if con-
ducted improperly should be practiced prior to the op-
Multinational maritime operations may demand that eration. For example, the multinational maritime force
planners take special environmental considerations into should practice fueling at sea where possible to ensure
account during planning and execution. The com- that ships are prepared to perform this evolution under
mander must satisfy three criteria: clarity of definition, operational conditions.
attainability, and support. He must choose only require-
ments that are attainable and clearly define them. Se- Contingency plans should be exercised to ensure
lected requirements must have the support of each proper understanding of requirements for environmen-
nation involved. Commanders must clearly identify tal incidents with a high potential of occurrence. Ac-
guidance that may be different from the normal prac- tions to assist nations lacking the inherent ability to
tices of any of the member nations and obtain agree- meet compliance criteria established in the environ-
ment from participating nations. Failure to accomplish mental annex should be practiced. This will ensure in-
this may result in failure to develop and implement a volved nations understand their responsibilities and are
successful environmental annex (Annex L) for the able to carry them out.
operation.

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NWP 4-11

CHAPTER 4

Environmental Protection During War

4.1 INTRODUCTION that commanders need to consider during the planning


process.
Warfare, by its nature, is destructive to humans
and their physical habitat. Environmental damage is 4.2 ENVIRONMENTAL REQUIREMENTS
a natural consequence of combat operations and any
attempts to limit such damage could unwisely de- Commanders should consider the environmental
grade the force available to the naval commander. damage resulting from an attack on a legitimate mili-
Naval doctrine codifies what the Navy believes and tary objective as one factor during targeting analysis.
practices as the most effective way to operate, pro- Causing environmental damage during an attack on a
viding the commander with the preferred ways of legitimate target is not unlawful. However, the com-
waging war, while identifying alternative courses of mander has an affirmative obligation to avoid unnec-
action. It contains preferred options for selection by essary damage to the environment to the extent
the commander while he/she carries out assigned practical, consistent with mission accomplishment.
missions.
4.2.1 Environmental Effects. During war, the
Victory in war is the primary function of the nation’s environmental effects of military actions should be
armed forces, and nothing should stand in the way of considered in two areas: within and outside the the-
accomplishing that objective. Although concern about ater(s) of war. The National Command Authority or
environmental damage during war may, at first, seem the geographical combatant commander defines the
illogical or irrational to the naval commander whose theater(s) of war. The area encompassed within the
job demands victory, it should be a considered factor in theater(s) will depend upon the enemy’s ability to
planning. mount an attack on friendly naval or other military
forces.
Certain factors restrict the commander’s applica-
tion of force. He or she must conform to the laws of 4.2.1.1 Within the Theater(s) of War. Military
armed conflict, those written and unwritten conven- actions that affect the environment within the the-
tions and customs that protect people from unneces- ater(s) of war comprise two broad categories: collat-
sary suffering and facilitate the restoration of peace. eral damage and wanton, unnecessary damage.
For example, the Law of Targeting (as discussed in
NWP 1-14M, The Commander’s Handbook on the 1. Collateral damage results from military ac-
Law of Naval Operations) constrains operational tions to achieve strategic, operational, or tacti-
commanders. cal objectives during armed conflict. The
ultimate objective of each naval commander is
According to Navy doctrine, planning is central to to achieve victory over the enemy, at minimal
success during wartime operations. Forces must under- cost, through the application of overwhelming
stand plans of action and their alternatives, and should combat power. Naval operations require ma-
rehearse them if they are to be valuable at the onset of neuvering of surface, subsurface, air, and am-
crisis. Naval planning provides the common, logical phibious forces. To achieve victory, forces
framework within which naval commanders can analyze must exert overwhelming firepower on the en-
their mission, evaluate the situation, decide the best emy. Each of these efforts will exact a toll on
course of action, do it, and monitor the results. Environ- the environment, and the effects of protracted
mental protection within the constraints of battlespace warfare on the environment are inherently
dominance and victory in operations is an alternative destructive.

4-1 ORIGINAL
NWP 4-11

a. At-sea operations or amphibious warfare can employ force that is excessive, unnecessary, and
inflict extensive damage on sensitive ecosys- only peripherally related to achieving strategic
tems. Battling enemy surface ships or subma- and tactical military objectives. Therefore, com-
rines may adversely affect marine mammal or manders should duly consider the environmental
other endangered species populations. Am- damage that may result from an attack on a legiti-
phibious operations during war may be delete- mate military objective as one of many factors
rious to critical wildlife habitats in littoral during targeting analysis.
areas, on reefs, and ashore. Bombardment of
enemy targets such as fuel depots, munitions 4.2.1.2 Outside the Theater(s) of War. The en-
stockpiles, or storage areas may result in the vironmental effects of naval operations outside the the-
release of oil and other hazardous substances ater(s) of war will be similar to those experienced during
or pollutants to the environment, contaminat- peacetime or MOOTW. The increased operational tempo
ing air, water, and the land. Unintentional col- will heighten the potential for adverse environmental ef-
lateral damage to other facilities such as fects. Outside the theater(s) of war, naval commanders
sewage or wastewater treatment plants may should endeavor to comply with national and interna-
result in additional pollution. tional environmental laws and regulations designed to
minimize the effects of operations on the environment.
b. The principles of war, listed in Naval Doctrine
Publication 1, Naval Warfare, are the basis for During wartime, environmental protection require-
Navy Doctrine. Their application requires na- ments imposed upon naval forces change since both do-
val force commanders to achieve quick and mestic and international laws designed to protect the
decisive victory. Environmental consider- environment are peacetime rules and were never meant
ations must not obstruct the application of to replace the Law of War. (For example, an environ-
these principles of war, increase the cost of mental assessment or environmental impact statement
victory to friendly forces, extend or prolong may not be required for rehearsing out-of-theater for an
conflict, or result in an increased probability amphibious operation that will eventually take place
of an unfavorable outcome. Moreover, limit- within the theater of war.) Higher national authority
ing attacks to avoid ecologically sensitive hab- will issue to commanders any changes in peacetime en-
itats or imposing prohibitions on targets for vironmental requirements outside the theater of war.
environmental reasons could provide an en-
emy the ability to anticipate attack, protect his 4.2.2 Special Considerations. Nothing within this
forces, and prolong the war. doctrine prevents a commander from taking necessary ac-
tion to protect assigned units and personnel at the expense
c. During combat operations, mission accom- of environmental compliance while countering enemy ac-
plishment is key. Quick, decisive victory may tion either inside or outside the theater of war.
be the best means to minimize deleterious en-
vironmental effects. Some unavoidable envi- 4.3 ENVIRONMENTAL PLANNING
ronmental effects will occur, but these effects
should be coincident to achieving victory in The following environmental doctrine should be
battle and proportional to the advantage considered during wartime planning:
gained. Commanders must not exercise com-
bat power with predictable patterns of behav- 4.3.1 Within the Theater(s) of War
ior because of environmental protection
considerations. 1. Commanders will take action to avoid unnecessary
damage to the environment to the extent practical,
2. Wanton, unnecessary damage to the environment consistent with mission accomplishment.
results from actions that inflict damage unjustified
by military necessity. These actions violate the laws 2. Where military requirements permit, command-
of armed conflict that require belligerents to use ers will employ methods or means of warfare
methods and means of warfare with due regard to with due regard to the protection and preserva-
the protection and preservation of the natural envi- tion of the natural environment.
ronment. Article 51 of the Geneva Convention for-
bids any destruction of real property (i.e., natural 3. Commanders will prohibit wanton destruction of
resources) unless necessary for the conduct of mili- the natural environment not required by mission
tary operations. Naval commanders must not accomplishment.

ORIGINAL 4-2
NWP 4-11

4. Commanders will consider the environmental dispose of solid wastes resulting from battle
damage that will result from an attack on a legiti- damage overboard.
mate military objective as a factor during target-
ing analysis. b. Ships should minimize the amounts of liquid
waste retained on board while in the theater(s)
5. Commanders should limit the amounts of haz- of war for the safety and health of the crew and
ardous material carried by ships and other naval for the safety and survivability of the ship.
forces into the theater(s) of war to that needed to Ships will not normally follow discharge area
sustain operations. Commanders should enforce restrictions within the theater(s) of war. How-
“strip ship” action by all units. For the purposes ever, if operationally possible, they should not
of the Strip Ship Bill, used or excess hazardous make discharges into known environmentally
material is “non-vital hazardous (or extremely sensitive areas.
hazardous) material.” Since most hazardous ma-
terial used by naval forces is flammable, units 7. Naval forces ashore shall take action to minimize
should dispose of (by environmentally correct the impact of generated wastes on the conduct of
means, where possible) any hazardous material operations while protecting the health of the
with no further use. This will improve naval ship forces.
and force survivability if there is combat
damage. 4.3.2 Outside the Theater(s) of War. Commanders
will comply with effective environmental laws, regula-
6. Ships should take the following action in the the- tions, and standards outside the theater(s) of war. If
ater(s) of war: changes to environmental requirements occur as a result
of the war, higher national authority will inform the
a. Using installed equipment, units should pro- Navy. Depending upon the changes, commanders must
cess shipboard solid waste primarily for oper- determine and communicate the requirements and deter-
ational security (OPSEC) purposes. Plastic mine the impact on operations.
waste has a significant amount of latent en-
ergy associated with it and may increase the Nothing within this doctrine prevents a commander
damage resulting from fire. It may also emit from taking necessary action to protect assigned units
toxic fumes should it burn resulting in in- and personnel at the expense of environmental compli-
creased danger to ship and crew. Ships should ance while countering enemy action outside the the-
not retain these wastes aboard. Ships must ater(s) of war.
make plastic wastes sinkable prior to disposal
overboard for OPSEC purposes. Ships should

4-3 (Reverse Blank) ORIGINAL


NWP 4-11

CHAPTER 5

Planning and Writing the Environmental


Considerations Annex

5.1 INTRODUCTION General directives, REC instructions, SOPA instruc-


tions, SOFAs, or EISs with accompanying ROD.
Having studied the situation, mission, limitations,
forces, and constraints, the naval force commander 5.2.2 Situation. For peacetime operations, de-
and his staff must communicate the design for opera- scribe any areas in which more stringent environmen-
tional execution via the OPLAN or OPORD. Under tal protection criteria will be imposed upon operating
the JOPES, Annex L is the proper annex to an OPLAN forces and the reason for these criteria. For MOOTW,
or OPORD for environmental considerations. This is define the AO in this section. For wartime, this section
where the commander writes his plans to avoid dam- should address any environmental considerations.
age to the environment.
1. General. Define any unique environmen-
Chapter 5 describes how to complete the environ- tally-related terms used within this annex.
mental considerations annex, based on the sample
annex in the JOPES and using the information pre- 2. Purpose. Provide a statement of the purpose
sented in Chapters 1 thru 4 of NWP 4-11. Appendix of the annex and the relationship between envi-
A is a sample environmental considerations annex ronmental considerations and the supported
presented as a skeletal or template document, with OPLAN or OPORD.
comments. For format, planners are referred to Joint
Pub 5-03.2 (Joint Operation Planning and Execu- 3. Assumptions. State the assumptions from the
tion System Volume II, Planning Formats and supported OPLAN or OPORD affecting envi-
Guidance). ronmental planning and compliance.

If a commander has unique environmental problems a. For peacetime operations, state that assigned
in the assigned AO, he may include additional appendi- forces will operate per the environmental re-
ces to the annex to address these problems. For exam- quirements of (the identified references). Any
ple, Commander, Second Fleet has an added appendix condition that would preclude compliance
on operating in areas in which the Northern Right with the environmental requirements of these
Whale is present. references will be immediately reported to the
force commander for resolution prior to taking
5.2 THE ENVIRONMENTAL CONSIDERATIONS action resulting in noncompliance. Any
ANNEX noncompliant action taken for emergency rea-
sons (i.e., damage to equipment adversely af-
The Environmental Considerations Annex of an fecting the safety and health of personnel)
OPLAN or OPORD should contain the following sec- shall be reported to the force commander im-
tions, as appropriate. mediately upon identification.

5.2.1 References. Identify pertinent documents b. For MOOTW, state that assigned forces will
that will affect conduct of the operation from an envi- carry out the assigned mission while operating
ronmental standpoint. As a minimum, reference NWP per the environmental requirements of (the as-
4-11, Environmental Protection, OPNAVINST signed references).
5090.1 series and/or Marine Corps Order 5090.2. It
should also reference appropriate base Commanding

5-1 ORIGINAL
NWP 4-11

4. Limiting Factors. Outline limitations that are (3) Shore Operations. Outline the opera-
because of lack of foreign access, time, OPSEC, tional limitations resulting from environ-
host-nation rules or sensitivities, public affairs mental protection placed on naval forces
(foreign or domestic), legal considerations, and operating ashore. This would include
resources. Marines, special operations, and naval
construction forces.
a. In peacetime, outline any operational limita-
tion imposed on the naval force in order to (4) Air Operations. Outline the operational
achieve environmental compliance during limitations resulting from environmental
the operation. In developing this section, the protection placed on air operations.
planner should consider the potential effects
of accomplishing the operation and the envi- 5.2.3 Mission. In peacetime, this section will pro-
ronment potentially affected within the op- vide a clear and concise statement of operational efforts
eration area as discussed in Section 2.3.1 of in the OPORD necessary to support environmental com-
NWP 4-11. It should also identify environ- pliance. During war and MOOTW, this section provides
mental limitations because of local regula- a clear and concise statement of environmental activities
tions, the ROD from an EIS, lack of foreign necessary to support the OPLAN or OPORD.
access, host-nation rules or sensitivities
(SOFAs), public affairs (either foreign or 5.2.4 Execution
domestic), legal considerations, and consid-
erations when performing multinational 1. Concept of Operations. Summarize the com-
maritime operations. mander’s concept of environmental issues and ac-
tions required to support the OPLAN or OPORD.
b. For MOOTW, outline any operational limita- Identify issues and actions that should be ad-
tions that may be imposed on the naval force in dressed during all five phases of the operation:
order to carry out the mission while complying prehostilities, lodgment, decisive combat and sta-
with applicable environmental requirements bilization, follow-through, and posthostilities.
and minimizing the environmental effects.
When developing this section, the planner In peacetime, summarize the commander’s con-
should consider the potential effects assigned cept of environmental issues and of actions re-
forces may have on the environment within the quired to achieve environmental compliance
operational area and the unique environment during the operation. If a multiphase operation, it
existing within the operational area that may be should address issues and actions during all phases.
affected as discussed in Section 2.3.1 of NWP
4-11. It should also outline operational limita- During MOOTW, summarize the commander’s
tions that are because of a lack of foreign ac- concept of environmental compliance issues and ac-
cess, time, OPSEC, host-nation rules or tions required to support the OPLAN or OPORD. If
sensitivities (SOFAs), public affairs (foreign or combat is expected during the operation, this section
domestic), legal considerations, and resources. should identify environmental issues and actions
that require addressing during prehostilities, lodg-
c. To adequately address limitations, subdivide ment, decisive combat and stabilization, follow-
this section into appropriate subsections as through, and post-hostilities. If the operation is not
follows: combat-related, the issues and actions should con-
tinue to address all operational phases.
(1) Maritime Operations. Outline opera-
tional limitations resulting from envi- a. Compliance Requirements. State regula-
ronmental protection placed on forces tory, legal, and host-nation compliance re-
afloat during the operation. quirements based on whether an operation is a
combatant operation (in which many require-
(2) Amphibious Operations. Since the ments may not be applicable) or a noncomba-
operations may use assorted amphibious tant operation “other than war.”
delivery techniques, outline any opera-
tional limitations resulting from environ- (1) During peacetime, identify unique re-
mental protection placed on the operational quirements in this section, such as State,
forces during this effort. local, or host nation SOFA requirements,

ORIGINAL 5-2
NWP 4-11

or those imposed by NEPA or E.O. 12114 d. Contingencies. Identify the actions and
documentation or other legal mandate. reporting requirements for environmental
contingencies including oil and hazardous
(2) During MOOTW, indicate environmental substance spills and environmental noncom-
compliance considerations forces should pliance by assigned forces.
take into account while carrying out the
assigned mission. 2. Tasks. Identify responsibilities of sub-unified,
joint, national, and component commanders
b. Phased Compliance. Describe in general for environmental support.
terms the different environmental concerns in
the supported OPLAN or OPORD during dif- 3. Coordinating Instructions. Outline key co-
ferent phases of the operations. ordination that must be accomplished, partic-
ularly during joint or multinational maritime
c. Mission Support. Identify those environ- operations.
mental planning factors that will support suc-
cessful execution of the OPLAN or OPORD 5.2.5 Administration and Logistics
in all phases of the operation and that will
protect the health and safety of U.S. forces, 1. Logistics. Address any necessary guidance
multinational forces, and non-combatants for administering the environmental compli-
(during war and MOOTW). As a minimum, ance and protection efforts by the naval force
address certification of local water sources commander.
by medical field units ashore, solid and liquid
waste management, hazardous material man- a. Maritime Operations. Outline guidance
agement, protection of endangered species for administering environmental compliance
and their habitats, protection of marine mam- and protection for forces afloat.
mals, and archeological and cultural resource
preservation. Divide this section into the fol- b. Amphibious Operations. Outline guid-
lowing subsections: ance for administering environmental compli-
ance and protection to the many forces
(1) Maritime Operations. Outline mission involved in amphibious operations.
support forces afloat environmental plan-
ning factors during an operation. c. Shore Operations. Outline the guidance
for administering environmental compliance
(2) Amphibious Operations. Since oper- and protection for naval forces operating
ations may use assorted amphibious deliv- ashore. These forces include Marines, special
ery techniques, this subsection outlines operations, and naval construction.
mission support environmental planning
factors for operational forces during this d. Air Operations. Outline the guidance for
effort. administering environmental compliance and
protection for air operations.
(3) Shore Operations. This subsection
outlines the environmental planning fac- 2. Reports. Specify the reports required for in-
tors to support naval forces operating ability to achieve environmental compliance
ashore. This includes Marines, special op- because of malfunction of equipment or other
erations, and naval construction forces. reasons and for environmental contingencies.
Particular emphasis shall be placed on reports to
(4) Air Operations. This subsection out- seniors in the chain of command. For multina-
lines the mission support environmental tional maritime operations, reporting guidance
planning factors necessary to conduct air should address both national and naval force
operations. reporting.

5-3 (Reverse Blank) ORIGINAL


NWP 4-11

APPENDIX A

Sample Environmental Considerations


Annex

ANNEX L TO OPERATION OR EXERCISE NAME, OPORDER 97-1 (U)


ENVIRONMENTAL CONSIDERATIONS (U)

(U) REFERENCES:

a. NWP 4-11
b. OPNAVINST 5090.1(series) Environmental and Natural Resources
Program Manual (as appropriate)
c. MCO P5090.2 Environmental Compliance and Procedures Manual
c. (as appropriate)
d. (Other pertinent instructions and guidance (see Section 5.2.1).)

1. (U) Situation.

a. ( ) General.

Define any unique environmentally-related terms that would be used in this annex. This will make
the annex clear to forces using it.

b. ( ) Purpose.

Provide a statement of the purpose of this annex, the relationship between environmental consid-
erations, and the supported OPLAN or OPORD.

c. ( ) Assumptions.

State the assumptions from the supported OPLAN or OPORD affecting environmental planning
and compliance.

For peacetime operations, state that assigned forces will operate per the environmental require-
ments of (the identified references). Any condition that would preclude compliance with the envi-
ronmental requirements of these references will be immediately reported to the force commander
for resolution prior to taking action resulting in noncompliance. Any noncompliant action taken
for emergency reasons (i.e., damage to equipment adversely affecting the safety and health of
personnel) shall be reported to the force commander immediately upon identification.

For MOOTW, state that assigned forces will carry out the assigned mission while operating per
the environmental requirements of (the assigned references).

A-1 ORIGINAL
NWP 4-11

d. ( ) Limiting Factors.

Outline limitations that are due to lack of foreign access, time, operational security (OPSEC), host-nation
rules or sensitivities, public affairs (foreign or domestic), legal considerations, and resources.

In peacetime, outline any operational limitation imposed on the naval force to achieve environ-
mental compliance during the operation. In developing this section, the planner should consider
the potential effects of accomplishing the operation and the environment potentially affected
within the operation area as discussed in Section 2.3.1 of NWP 4-11. It should also identify envi-
ronmental limitations due to local regulations, the ROD from an EIS, lack of foreign access,
host-nation rules or sensitivities (SOFAs), public affairs (either foreign or domestic), legal con-
siderations, and considerations when performing multinational maritime operations.

For MOOTW, outline any operational limitations that may be imposed on the naval force in order
to carry out the mission while complying with applicable environmental requirements. When de-
veloping this section, the planner should consider the potential effects of accomplishing the oper-
ation and the environment assigned forces may have on the environment within the operational
area and the unique environment existing within the operational area that may be affected as dis-
cussed in Section 2.3.1 of NWP 4-11. It should also outline operational limitations that are due to
lack of foreign access, time, OPSEC, host-nation rules or sensitivities (SOFAs), public affairs
(foreign or domestic), legal considerations, and resources.

(1) (U) Maritime Operations (as appropriate).

Outline operational limitations resulting from environmental protection placed on forces afloat
during the operation.

(2) (U) Amphibious Operations (as appropriate).

Since operations may use assorted amphibious delivery techniques, outline any operational limi-
tations resulting from environmental protection placed on the operational forces.

(3) (U) Shore Operations (as appropriate).

Outline the operational limitations resulting from environmental protection placed on naval forces
operating ashore. This includes Marines, special operations, and naval construction forces.

(4) (U) Air Operations (as appropriate).

Outline the operational limitations resulting from environmental protection placed on air operations.

2. ( ) Mission.

In peacetime, provide a clear and concise statement of operational efforts in the OPORD neces-
sary to support environmental compliance.

During war and MOOTW, provide a clear and concise statement of environmental activities nec-
essary to support the OPLAN or OPORD.

ORIGINAL A-2
WP 4-11

3. ( ) Execution.

a. ( ) Concept of Operations.

Summarize the commander’s concept of environmental issues and actions required to support the
OPLAN or OPORD. Identify issues and actions that should be addressed during all five phases of the op-
eration: prehostilities, lodgment, decisive combat and stabilization, follow-through, and post-hostilities.

In peacetime, summarize the commander’s concept of environmental issues and of actions re-
quired to achieve environmental compliance during the operation. If a multiphase operation, it
should address issues and actions during all phases.

During MOOTW, summarize the commander’s concept of environmental protection issues and
actions required to support the OPORD. If combat is expected during the operation, it should
identify environmental issues and actions that require addressing during: pre-hostilities, lodgment,
decisive combat and stabilization, follow-through, and post-hostilities. If the operation is not
combat-related, the issues and actions should continue to address all operational phases.

(1) ( ) Compliance Requirements.

State regulatory, legal, and host-nation compliance requirements based on whether an operation is
a combatant operation (in which many requirements may not be applicable) or a non-combatant
operation “other than war.”

During peacetime, identify unique requirements, such as State, local, host-nation SOFA require-
ments or those imposed by NEPA or E.O. 12114 documentation or other legal mandates.

During MOOTW, indicate environmental compliance requirements forces should consider while
carrying out the assigned mission.

(2) ( ) Phased Compliance.

Describe in general terms the different environmental concerns in the supported OPLAN or
OPORD during different phases of the operations.

(3) ( ) Mission Support.

Identify those environmental planning factors that will support successful execution of the OPORD in
all phases of the operation and that will protect the health and safety of U.S., multinational forces, and
non-combatants (during MOOTW or wartime). As a minimum, address certification of local water
sources by medical field units ashore, solid and liquid waste management, hazardous material man-
agement, protection of endangered species and their habitats, protection of ___________, and archeo-
logical and cultural resource preservation. This section should be divided into the subsections for
Maritime Operations, Amphibious Operations, Shore Operations, and Air Operations, as appropriate.

(4) ( ) Contingencies.

Identify the actions and reporting requirements for environmental contingencies including oil and
hazardous substance spills and environmental noncompliance by assigned forces.

A-3 ORIGINAL
NWP 4-11

b. ( ) Tasks.

Identify responsibilities of sub-unified, joint, national, and component commanders for environ-
mental support.

c. ( ) Coordinating Instructions.

Outline key coordination that must be accomplished, particularly during joint or multinational mari-
time operations.

4. ( ) Administration and Logistics.

a. ( ) Logistics.

Address any necessary guidance for administering the environmental compliance and protection ef-
forts by the naval force commander. This guidance should be provided in the subsections identified
above (i.e., Maritime Operations, Amphibious Operations, Shore Operations, Air Operations), as
appropriate.

b. ( ) Reports.

Specify the reports required for inability to achieve environmental compliance due to malfunction of
equipment or other reasons, and for environmental contingencies. Particular emphasis shall be
placed on reports to seniors in the chain of command. For multinational maritime operations, report-
ing guidance should address both national and naval force reporting.

/S/
Rear Admiral
Commander, CTG XX.X

Appendices:

1 Environmental Assessments
2 Environmental Assessment Exemptions
3 Oil and Hazardous Substance Spill Contingency Plan
4 Environmental Noncompliance Contingency Plan

ORIGINAL A-4
NWP 4-11

INDEX
Page Page
No. No.

A M

Administration and logistics . . . . . . . . . . . . 5-3 Military operations other than war. . . . . . . . . 1-5
Assessments, environmental. . . . . . . . . . . . 2-4 Environmental protection during . . . . . . . . 3-1
Multinational maritime operations during . . . 3-4
C Mission . . . . . . . . . . . . . . . . . . . . . . 5-2
Multinational maritime operations:
Categorical exclusions . . . . . . . . . . . . . . . 2-3 Contingency planning for peacetime . . . . . . 2-7
Contingencies: During military operations other than war . . . 3-4
Military operations other than war . . . . . . . 3-3
Peacetime . . . . . . . . . . . . . . . . . . . . 2-6 N
E National Environmental Policy Act . . . . . . . . 2-3
Nature of document and related guidance . . . . . 1-2
Enforcement . . . . . . . . . . . . . . . . . . . . 1-4 Navy environmental ethic . . . . . . . . . . . . . 1-1
Environment . . . . . . . . . . . . . . . . . . . . 1-1
Environmental: O
Compliance . . . . . . . . . . . . . . . . . . . 3-2
Environmental effects . . . . . . . . . . . 2-1, 4-1 Oil spills . . . . . . . . . . . . . . . . . . . . . . 2-6
Laws and regulations . . . . . . . . . . . . . . 1-3 Operational:
Protection . . . . . . . . . . . . . . . . . . . . 1-1 Effects of naval environmental
Requirements: requirements . . . . . . . . . . . . . . . 2-2
Military operations other than war . . . . 3-1 Threats to the environment . . . . . . . . . . . 1-5
Peacetime . . . . . . . . . . . . . . . . . 2-1 OPNAV/HQMC guidance . . . . . . . . . . . . 1-2
War . . . . . . . . . . . . . . . . . . . . 4-1 Other :
Execution . . . . . . . . . . . . . . . . . . . . . 5-2 Health and safety considerations . . . . . . . . 1-7
Exercise considerations . . . . . . . . . . . . . . 2-5 Naval warfare publications . . . . . . . . . . . 1-2
Outside theaters of war:
F Environmental effects. . . . . . . . . . . . . . 4-2
Environmental planning . . . . . . . . . . . . 4-3
Force Majeure and the doctrine of necessity . . . 3-2
Overseas environmental planning . . . . . . . . . 2-5
Foreign national environmental requirements . . . 1-3

H P

Hazardous: Peacetime:
Materials . . . . . . . . . . . . . . . . . . . . 1-6 Environmental protection during . . . . . . . . 2-1
Substance spills . . . . . . . . . . . . . . . . . 2-7 Operations . . . . . . . . . . . . . . . . . . . 1-5
Health aspects of environmental protection . . . . 1-6 Planning and writing the environmental
considerations annex . . . . . . . . . . . 5-1
I Planning, environmental:
Military operations other than war . . . . . . . 3-1
Impact statements, environmental . . . . . . . . . 2-5 Peacetime . . . . . . . . . . . . . . . . . . . . 2-2
International environmental agreements, treaties, War . . . . . . . . . . . . . . . . . . . . . . 4-2
and regulations . . . . . . . . . . . . . . . . . 1-3 Preparations for:
Military operations other than war . . . . . . . 3-3
L Peacetime operations . . . . . . . . . . . . . . 2-2
Public affairs plans. . . . . . . . . . . . . . . . . 3-4
Laws and regulations, environmental . . . . . . . 1-3 Publication composition . . . . . . . . . . . . . 1-2
Logistics, administration and . . . . . . . . . . . 5-3 Purpose of NWP 4-11 . . . . . . . . . . . . . . . 1-2

Index-1 ORIGINAL
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Page Page
No. No.

R Military operations other than war . . . . . . . 3-4


Peacetime . . . . . . . . . . . . . . . . . . . . 2-8
References . . . . . . . . . . . . . . . . . . . . . 5-1
Requirements and performance of multinational U
military operations other than war . . . . 3-4
United States federal and state environmental
S requirements . . . . . . . . . . . . . . . 1-3

Safety aspects of environmental protection . . . . 1-6 W


Sample environmental considerations annex . . . A-1
Situation . . . . . . . . . . . . . . . . . . . . . . 5-1 War, environmental protection during. . . . . . . 4-1
Special considerations . . . . . . . . . . . . . . . 4-2 Wartime operations . . . . . . . . . . . . . . . . 1-6
Within theaters of war:
T Environmental effects. . . . . . . . . . . . . . 4-1
Environmental planning . . . . . . . . . . . . 4-2
Training:
Multinational military operations other
than war . . . . . . . . . . . . . . . . . 3-5

ORIGINAL Index-2
NWP 4-11

LIST OF EFFECTIVE PAGES


Effective Pages Page Numbers
Original 1 (Reverse Blank)
Original 3 (Reverse Blank)
Original 5 (Reverse Blank)
Original 7 thru 11 (Reverse
Blank)
Original 13 thru 19 (Reverse
Blank)
Original 1-1 thru 1-7 (Reverse
Blank)
Original 2-1 thru 2-8
Original 3-1 thru 3-5 (Reverse
Blank)
Original 4-1 thru 4-3 (Reverse
Blank)
Original 5-1 thru 5-3 (Reverse
Blank)
Original A-1 thru A-4
Original Index-1, Index-2
Original LEP-1 (Reverse Blank)

LEP-1 (Reverse Blank) ORIGINAL


NWP 4-11

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