BILL ANALYSIS Ó AB 1776 Page 1 Date of Hearing: April 13, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 1776 (Obernolte) - As Amended March 17, 2016 ----------------------------------------------------------------- |Policy |Environmental Safety and Toxic |Vote:|7 - 0 | |Committee: |Materials | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- 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 Page 2 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: AB 1776 Page 3 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. AB 1776 Page 4 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 Page 5 Analysis Prepared by:Jennifer Galehouse / APPR. / (916) 319-2081