Outdoor shooting ranges are still a major environmental concern. Lead ammunition that has been accumulated can cause serious health problems and damage to the environment. Lead contamination is a well-known problem in the shooting industry. This has led to numerous multi-million dollar remediation efforts. The Maryland shooting range owners and operators settled a citizen lawsuit in 2021. The conditions were that they address lead contamination in soil, surface water, and wetlands, as well as redirect some shooting stations away from wetlands and conduct regular sampling to verify for contamination.
The civilian outdoor shooting range industry is still largely unregulated. In 2001, the U.S. Environmental Protection Agency (“USEPA”) developed a guidance manual called “The Best Management Practices for Lead at Outdoor Shooting Ranges” (EPA-902-B-01-001; revised in June 2005) (the “BMP Guidance”). The BMP Guidance provides owners/operators with information about lead management at their outdoor shooting areas, including:
- The effects of lead on the environment and human health;
- The effect of existing environmental laws on shooting ranges
- When establishing a BMP, there are many physical site characteristics that you should consider (such as the size, soil characterizations and topography, precipitation, ground water and vegetation).
- You should consider operational characteristics (such as volume, shot size, direction and pattern, range life expectancy, closure, and closure).
- The importance and implementation of an integrated Best Management Practices (“BMP”) program to manage lead (such as shot containment, prevention of migration, removal of lead, lead recycling, and record keeping).
Although it is not an official USEPA rulemaking document, this document still provides the best guidance regarding environmental concerns, applicable laws and regulations, as well as best management practices for outdoor shooting ranges. There is much more to the BMP Guidance than that, but this post is intended to highlight the most important aspects and their implications for shooting ranges.
While no federal environmental regulations specifically focus on outdoor shooting ranges, case law and the BMP Guidance from the USEPA demonstrate that citizen lawsuits have been filed against shooting range owners and operators based on violations of the following environmental laws: the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. §6901 et seq.; the Clean Water Act (“CWA”), 33 U.S.C. §1251 et seq.; the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. §9601 et seq.; and the equivalents in state law. Here is a brief overview of each.
Resource Conservation and Recovery Act
RCRA provides the “cradle-to-grave” framework for the management of solid and hazardous waste in the United States. Spent lead ammunition, which is used for its intended purposes, is not considered hazardous waste and is exempted from RCRA. Outdoor shooting ranges are not considered hazardous waste storage, treatment, treatment or disposal facilities and therefore do not require a RCRA permit.
However, spent lead ammunition that is discarded, abandoned, and “left to accumulate long after they have served their intended purpose,” could be subject to the broader definition of “solid waste” in the statute. Solid waste that has a hazardous waste characteristic such as lead toxicity, would need to be treated and disposed as hazardous waste under the RCRA. If the spent lead ammunition is managed well, reclaimed and recycled regularly, it is considered scrap metal and therefore exempted form the RCRA regulations. USEPA recommends the regular removal of lead as an BMP.
Sections 7002 and 7003 of RCRA allow the USEPA, states, or citizens, using a civil lawsuit, to compel cleanup of “solid waste” (e.g., spent lead ammunition) that poses actual or potential imminent and substantial endangerment to public health and/or the environment. According to the BMP Guidance outdoor shooting ranges that do not regularly reclaim and remove lead and ranges where the shotfall zone affects water, rivers, creeks and other sensitive environments are at greater risk of citizen lawsuits or government action under RCRA. Civil shooting ranges could be at increased risk of citizen lawsuits and government action.
Clean Water Act
The CWA prohibits the discharge of pollutants, including lead, from a point source into waterways in the United States. The CWA prohibits lead and other types shot from entering or being left in water. Case law and the BMP Guidance show that (1) lead and other types are pollutants. (2) Mechanized target throwers, concrete platforms, and outdoor shooting ranges can be considered point sources under CWA. (3) Waters of the United States can include lakes, rivers, streams and wetlands. Citizens groups, USEPA, states and RCRA have all used the CWA to force cleanup of polluted soils and sediments at unpermitted outdoor firing ranges that allow lead ammunition to be released into the water. Civil shooting ranges could be subject to citizen lawsuits or government action under the CWA due to the existence of streams, ponds and potential wetlands in the shotfall zone.
Comprehensive Environmental Response, Compensation and Liability Act
CERCLA imposes strict joint liability on past and current owners and operators for cleaning up contaminated property where a hazardous substance was released. CERCLA defines lead as a hazardous substance. The USEPA and private parties that have remediated a property to recover costs are often using CERCLA. USEPA guidance and case law indicate that outdoor shooting range operators could be held responsible for costs incurred in the remediation of shooting ranges, natural resources damages, health assessments, or health effects studies.
State Regulation
This is not a 50-state survey of states’ specific laws, regulations or environmental guidance for outdoor shooting ranges. However, the BMP Guidance does note that “at the time of printing, about 40 states had contacted the EPA and given their support and concurrence. The EPA continues to seek the consent of the remaining states. Therefore, it appears that most, if not all, states will share the same view as to how lead shot is regulated.” The BMP Guidance does not identify which states support the approach, but it is likely that most states concur with at least the basic regulatory principles.
Cleaning Solvents Contamination
Ground contamination can also be caused by gun cleaning solvents or metal degreasers. Outdoor shooting range operators and owners would be well-served to limit gun cleaning to areas that are protected from the release of solvents to ground.
Conclusions
Owners and operators must remove spent lead ammunition from shooting ranges and follow the BMP Guidance. This can be done to reduce contamination, protect the environment and reduce the risk of citizen and agency lawsuits.
Unless otherwise stated, opinions and conclusions expressed in this blog post are solely the author’s. This blog contains general information that is not intended to be used as legal advice. The author has provided the above links only for information purposes and does not incorporate the contents. This communication does not contain any federal tax advice. The recipient cannot use the information to avoid penalties that may be imposed by the IRS. If you would like written advice that conforms with IRS guidelines and can be relied upon to reduce penalties, please contact the writer.
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