BILL ANALYSIS                                                                                                                                                                                                    



                                                                    AB 1776


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          Date of Hearing:  April 13, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          1776 (Obernolte) - As Amended March 17, 2016


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          |Policy       |Environmental Safety and Toxic |Vote:|7 - 0        |
          |Committee:   |Materials                      |     |             |
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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill excludes contaminated soil from an outdoor shooting  
          range from the state's disposal requirements for hazardous  
          waste.  Specifically, this bill:  


          1)Excludes the from the definition of disposal the onsite  
            movement of soil at an active outdoor sport shooting range if  
            this movement is done to facilitate the removal and recycling  








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            of spent ammunition materials existing as specified.  


          2)Requires the removal activities to be consistent with the  
            United States Environmental Protect Agency's (US EPA) Best  
            Management Practices (BMP) for Lead at Outdoor Shooting Ranges  
            manual, 


          3)Requires the residual soil to be replaced within the area from  
            which it was originally removed.


          4)Allows this exclusion only to the extent it does not  
            jeopardize the administration of the state hazardous waste  
            program.


          5)Requires the Department of Toxic Substances Control (DTSC) to  
            contact the US EPA, by July 1, 2017, to coordinate consistent  
            implementation of the Resources Conservation and Recovery Act  
            of 1976 (RCRA) and ensure that this approach does not  
            jeopardize the ability of the state to administer a state  
            hazardous waste program in lieu of the federal program. 


          FISCAL EFFECT:


          1)Minor, absorbable costs for DTSC to coordinate with the US EPA


          2)Unknown, likely minor, additional costs to DTSC for outreach  
            regarding the new BMPs, based on the response from US EPA.


          COMMENTS:










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          1)Purpose.  According to the author, under the current state  
            definition of disposal, if a shooting range operator wants to  
            recycle spent ammunition, the remaining soil must be treated  
            as hazardous waste and disposed of accordingly.  The author  
            contents that this places an unreasonable burden and cost on  
            outdoor shooting ranges, discourages recycling and conflicts  
            with federal law.  This bill allows ammunition recycling  
            practices consistent with federal law.


          2)Background.  Under RCRA, the US EPA authorizes California to  
            administer and enforce the RCRA hazardous waste program. RCRA  
            (Section 3009) allows California to impose regulatory  
            standards that are more stringent or more extensive in scope  
            than those in the federal program. Therefore, if a specific  
            outdoor shooting range is located in California, a  
            "RCRA-approved" state, California has the authority to impose  
            restrictions or definitions more stringent or broader in scope  
            than those presented in RCRA or related regulations. 



            Under current state law, once any contaminated soil is moved  
            or removed, the person performing the activity is considered  
            to be generator of hazardous waste and is responsible for the  
            proper management of that hazardous waste (including  
            manifesting the waste, transporting the hazardous waste via a  
            registered hauler and taking the contaminated soil to an  
            authorized facility). 





            Compliance with state law requires an outdoor shooting range  
            operator to properly remove, transport and dispose of all of  
            the contaminated soil. 










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          3)Federal Regulations on Outdoor Shooting Ranges.  According to  
            the US EPA, lead shot is not considered a hazardous waste  
            subject to RCRA at the time it is discharged from a firearm  
            because it is used for its intended purpose. Therefore, a RCRA  
            permit is not required to operate a shooting range. However,  
            spent lead shot (or bullets) are subject to the broader  
            definition of solid waste contained in RCRA, so spent shot and  
            bullets are potentially subject to RCRA statutory authority. 

            The US EPA developed a BMP for Lead at Outdoor Shooting Ranges  
            manual to provide owners and operators of outdoor rifle,  
            pistol, trap, skeet and sporting clay ranges with information  
            on lead management at their ranges. The manual explains how  
            environmental laws are applicable to lead management and  
            presents successful BMPs available to the shooting range  
            community.

            The lead, if recycled, is considered a scrap metal pursuant to  
            federal regulations and is therefore exempt from RCRA  
            regulation. After a removal contractor or reclaimer applies  
            standard BMPs to separate the lead from soil, the soil may be  
            placed back on the range without further treatment.





            This bill aligns state disposal requirements with federal  
            requirements for shooting ranges.

















                                                                    AB 1776


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          Analysis Prepared by:Jennifer Galehouse / APPR. / (916)  
          319-2081