BILL ANALYSIS Ó
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
AB 1776
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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.
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Analysis Prepared by:Jennifer Galehouse / APPR. / (916)
319-2081