Chapter I: Environmental and Regulatory Concerns at the Shooting ...

BMP for Lead at Outdoor Shooting Rangesowners/operators to develop a BMP programthat contains elements discussed later in thismanual. Contact the NRA and NSSF foradditional guidance materials available on leadmanagement practices.By implementing appropriate lead managementat outdoor shooting ranges, range owners andoperators can reduce the environmental andhealth risks associated with lead deposition,meet legal requirements and realize quantifiablebenefits.1.1 Lead Contamination’s Impacton Human Health andEnvironmentExposure RoutesHistorically, the three major sources for humanexposure to lead are lead-based paint, lead indust and soil and lead in drinking water.Typically, human exposure occurs throughingestion, which is the consumption of lead orlead-contaminated materials, or by inhalation.The main human exposure to lead associatedwith shooting ranges is through leadcontaminatedsoil. However, other pathways arediscussed below, along with lead’s detrimentaleffects on humans and animals.Lead can be introduced into the environment atshooting ranges in one or more of the followingways. Each of these pathways is site-specificand may or may not occur at each individualrange:• Lead oxidizes when exposed to air anddissolves when exposed to acidic water orsoil.• Lead bullets, bullet particles, or dissolvedlead can be moved by storm water runoff.• Dissolved lead can migrate through soils togroundwater.Lead oxidizes when exposed to air anddissolves when exposed to acidic water or soilWhen lead is exposed to acidic water and/orsoil, it breaks down by weathering into leadoxides, carbonates, and other solublecompounds. With each rainfall, thesecompounds may be dissolved, and the lead maymove in solution in the storm runoff waters.Decreases in water acidity (i.e., increases in itspH) will cause dissolved lead to precipitate out ofsolution. Lead concentrations in solution arereduced by this precipitation. At pHs above 7.5,very little lead remains in solution. Increasedtime of contact between lead and acidic watergenerally results in an increase in the amount ofdissolved lead in the storm runoff water. The fivefactors which most influence the dissolving oflead in water are summarized below:Annual Precipitation Rate - The higher theannual precipitation rate, the faster the leadweathers. Also, during prolonged rains, thecontact time between water and lead isincreased. In general, the higher theprecipitation rate, the higher the potential risk oflead migration off-site in solution.pH of Rain and Surface Water - The acidity ofthe rainwater decreases as basic (alkaline)minerals in the soil are dissolved. If sufficientminerals such as calcium, magnesium, and ironare present in local soils, then the lead mayquickly precipitate out of solution entirely asthese other minerals are dissolved. The pH ofshallow surface water is an indicator of thepresence or absence of basic minerals in thelocal soil and in gravel within the stream bedsthrough which the water has moved. The waterin deeper streams and lakes is more likely to becomposed of acidic rainwater that is notneutralized.Contact Time - The contact time betweenacidic surface water and lead is a factor in theamount of lead that is dissolved. For example,lead shot deposited directly into a lake has alonger contact time then lead shot deposited inupland areas.Soil Cover - Organic material will absorb leadand remove it from a water solution. The thickerthe organic leaf and peat cover on the soil, thelower the lead content in solution in water leavingthe shot area. Organic material has a strongChapter I - Page I-2

BMP for Lead at Outdoor Shooting Rangesability to extract lead out of solution in water.pH of Groundwater - During periods of norainfall, the water flowing within most streamscomes from groundwater discharging into thestream channel. Therefore, the acidity of thegroundwater affects the acidity of the surfacewater, and hence, affects the solubility of anylead particles carried into the stream duringstorm runoff.Lead bullets, bullet particles or dissolved leadcan be moved by storm water runoffThe ability of water to transport lead is influencedby two factors: velocity of the water and weightor size of the lead fragment. Water’s capacity tocarry small particles is proportional to the squareof the water’s velocity. Clear water moving at avelocity of 100 feet per minute can carry a leadparticle 10,000 times heavier than water movingat a velocity of 10 feet per minute. Muddy watercan carry even larger particles. The five factorsthat most influence velocity of runoff aredescribed below:Rainfall Intensity - The greater the volume ofrainfall during a short period of time, the fasterthe velocity created to carry the rainfall off-site.The higher the annual rainfall, the greater thenumber of periods of heavy rainfall.Topographic Slope - Generally, the steeper thetopographic slope, the faster the velocity ofstormwater runoff.Soil Type - More rainfall will soak into sandysoils then into clay soils. Hence, for a givenrainfall intensity, the volume of runoff will begreater from areas underlain by clays or otherlow permeable soils than from permeable sandysoil.Velocity - Velocity tends to decrease as streamwidth increases. Merging streams, eddycurrents, and curves in streams are other factorsthat may reduce the velocity. Generally, theshorter the distance from the lead deposit to theproperty line, the more likely it is that the leadfragments in suspension will be transported offsite.Vegetative Cover and Man-made Structures -Structures such as dams and dikes reduce thewater’s velocity and greatly reduce the size andweight of the lead particles the water can carry.Since lead particles are heavy compared to theother suspended particles of similar size, theyare more likely to be deposited under theinfluence of anything that reduces velocity of thestorm runoff. Grass and other vegetationreduce runoff velocity and act as a filter toremove suspended solids from the water.Dissolved lead can migrate through soils togroundwaterAcidic rainwater may dissolve weathered leadcompounds. A portion of the lead may betransported in solution in groundwater beneathland surfaces. Groundwater may transport leadin solution from the higher topographic areas tothe lower areas such as valleys, where it isdischarged and becomes part of the surfacewater flow. If the water flowing undergroundpasses through rocks containing calcium,magnesium, iron, or other minerals more solublethen lead, or through minerals that raise the pHof the water, then the lead in solution may bereplaced (removed) from the solution by theseother metals. However, if the soil is a cleansilica sand and gravel, fractured granite, orsimilar type material, then the lead may movelong distances in solution. The factors mostlikely to affect the amount of lead carried by thegroundwater in solution are discussed below:Annual Precipitation - Generally, highprecipitation rates result in heavy dew, morefrequent rainfall, numerous streams, shallowdepth to groundwater, shorter distance of travel,and more rapid rates of groundwater flow. Also,the greater volumes of rainfall over geologic timeprobably have reduced the amount of calciumand other soluble basic minerals that could raisethe water pH and cause lead to precipitate(settle) out of solution from the groundwater.Soil Types - Clays have a high ionic leadbonding capacity and more surface area towhich the lead can bond. Also, groundwatermovement in clay is very slow, which increasesthe contact time for lead to bond to the clay.Chapter I - Page I-3

BMP for Lead at Outdoor Shooting RangesLow permeability reduces the amount ofhistorical leaching and increases the probabilityof the presence of basic (+pH increasing)minerals that can precipitate out of solution ingroundwater or cause the lead to bond to theclay. All of the basic calcium and relatedminerals generally will have been removed fromthe clean silica sand and gravel soils, so thelead in solution in groundwater in these typesoils can move long distances (miles) throughthe ground relatively unchanged.Soil Chemistry - The more basic minerals likecalcium and magnesium that are present in soilsalong the pathways through which thegroundwater moves, the greater the leadprecipitation (removal) rate. Lead should movein solution only a short distance (a few feet)through a sand composed of calcium shellfragments, but could move in solution longdistances (miles) through clean quartz sand.Depth to Groundwater - In areas ofgroundwater discharge such as river flood plainsand most flat areas, the groundwater surface isoften a few feet below the surface. Remember,the shorter the distance traveled, the greater therisk that the lead will migrate into theenvironment. Shallow depth to groundwater isindicative of higher risk for lead to reach thewater.pH of Groundwater - Although other factorsinfluence solubility of lead in water, a good rule ofthumb is that lead will precipitate out of solutionwhen the pH or alkalinity of water is greater thenabout 7.5. But, lead dissolved in acidgroundwater may travel many miles withoutchange.Health Effects of Lead Exposure on RangesLead poisoning is a serious health risk. Athigher concentrations, it is dangerous to peopleof all ages, leading to convulsions, coma andeven death. At even very low concentrations, itis dangerous to infants and young children,damaging the developing brain and resulting inboth learning and behavioral problems. Figure 1-1 describes the effects of exposure to lead onchildren and adults.Federal, state and local actions, including banson lead in gasoline, paint, solder and many otherlead-containing products, have resulted insignificant reductions in average blood-leadlevels. Despite these advances, the number oflead-poisoned children remains alarmingly high.Children living in older homes may be exposedto lead in peeling paint or paint dust. Childrencan also come in contact with lead in soil andwith lead dust carried home on the clothing ofparents.On ranges, inhalation is one pathway for leadexposure since shooters are exposed to leaddust during the firing of their guns. Becausewind is unlikely to move heavy lead particlesvery far, airborne dust is generally considered apotential threat only when there are significantstructures that block air flow on the firing line.Under such conditions, the hygiene and otherpractices proposed by the NRA for indoorshooting ranges in their “Source Book” areapplicable to outdoor ranges.Range workers may also be exposed to leaddust while performing routine maintenanceoperations, such as raking or cleaning out bullettraps. Owners/operators may want to protectthese workers by requiring them to wear theproper protective equipment or dampening thesoil prior to work.Another exposure route for lead at outdoorranges is ingestion by direct contact with lead orlead particles. For example, lead particlesgenerated by the discharge of a firearm cancollect on the hands of a shooter. Theseparticles can be ingested if a shooter eats orsmokes prior to washing his/her hands aftershooting. The relative risk of lead exposure topeople in a well managed facility is low.Detrimental effects due to elevated lead levelscan also be found in animals. Excessiveexposure to lead, primarily from ingestion, cancause increased mortality rates in cattle, sheepand waterfowl. For example, waterfowl andother birds can ingest the shot, mistaking it forfood or grit. Waterfowl, in particular, are highlysusceptible to lead ingestion. This is a concernat ranges where shooting occurs into or overChapter I - Page I-4

BMP for Lead at Outdoor Shooting RangesEffects on the Human Body from Excessive Exposure to LeadIf not detected early, children with relatively low levels of lead (as low as 10microgram/deciliter for children) in their bodies can suffer from:- damage to the brain and nervous system,- behavior and learning problems (such as hyperactivity and aggressiveness),- slowed growth,- hearing problems,- headaches, and- impairment of vision and motor skills.Adults can suffer from:- difficulties during pregnancy,- reproductive problems in both men and women (such as low birth- weight, birth defects and decreased fertility),- high blood pressure,- digestive problems,- neurological disorders,- memory and concentration problems, Brain or Nerve Damage- muscle and joint pain, and- kidney dysfunction.Hearing ProblemsSlowed GrowthDigestive ProblemsLead affects thebody in many waysReproductive Problems(Adults)Figure 1-1: Effects on the Human Body from Excessive Exposure to LeadChapter I - Page I-5

BMP for Lead at Outdoor Shooting Rangeswater. Many of the legal and government actionsthat have been brought against ranges arebased on elevated levels of lead, and increasedmortality in waterfowl. For example, in one case,an upland area of a range became a temporarypond after a thunderstorm. Waterfowl used thepond to feed and shortly thereafter, there was awaterfowl die-off (increase in bird mortality),apparently from lead ingestion.1.2 Legal Requirements & CourtRulingsTo date, most litigation concerns are at shotgunranges where the shotfall zone impacts water orwetland areas. The potential environmental andhuman health risks are greater at these ranges.However, all ranges, including those not locatednear water bodies, may be subject to legal andgovernment action if proper range managementprograms are not implemented. Range owners/operators should expect greater scrutiny asranges become more visible to regulators,environmental groups and the general public.Citizen groups have been the driving forcebehind most legal actions taken against outdoorranges. These groups have sued range owners/operators under federal environmental laws. Twoof EPA’s most comprehensive environmentallaws, the Resource Conservation and RecoveryAct (RCRA) and the Clean Water Act (CWA),specifically provide citizens with the right to suein cases in which the environment and humanhealth are threatened. These citizen suits havebeen highly effective in changing the way rangesoperate, even when out-of-court settlementshave been reached. The decisions of the UnitedStates Court of Appeals for the Second Circuit inRemington Arms and New York Athletic Club seta legal precedent in the application of RCRAand/or the CWA to outdoor ranges. Leadmanagement programs at outdoor ranges mustcomply with both laws. Actions have also beentaken under the Comprehensive EnvironmentalResponse, Compensation and Liability Act(CERCLA) commonly know as Superfund.State and local statutes and regulations mayalso apply. To ensure environmental laws arebeing followed, range owners/operators mustunderstand the legal issues and requirements.1.2.1 Resource Conservation andRecovery Act (RCRA)RCRA provides the framework for the nation’ssolid and hazardous waste managementprogram. Under RCRA, EPA developed a“cradle-to-grave” system to ensure theprotection of human health and the environmentwhen generating, transporting, storing, treatingand disposing of hazardous waste. RCRApotentially applies to many phases of rangeoperation because lead bullets/shot, ifabandoned, may be a solid and/or a hazardouswaste and may present an actual or potentialimminent and substantial endangerment.Connecticut Coastal Fishermen’sAssociation v. Remington Arms Company, etal.In the late 1980s, the Connecticut CoastalFishermen’s Association filed a lawsuit againstRemington Arms Company as the owner of theLordship Gun Club. The Lordship Gun Club(a.k.a. Remington Gun Club) is a 30-acre site inStratford, Connecticut, located on the LongIsland Sound at the mouth of the HousatonicRiver. In the mid-1960s, the Lordship Gun Clubwas reconstructed to its final configuration of 12combined trap and skeet fields and oneadditional trap field. Over the years, theLordship Gun Club became known as one of thepremier shooting facilities on the East Coast.The Connecticut Coastal Fishermen’sAssociation filed a lawsuit, alleging that lead shotand clay targets are hazardous waste underRCRA. The Complaint alleged that because thelead shot and clay targets were hazardouswastes, the gun club was a hazardous wastestorage and disposal facility subject to RCRArequirements. The plaintiff also sought civilpenalties and attorney’s fees.Remington moved for a summary judgmentdismissing the complaint, and the ConnecticutCoastal Fisherman’s Association cross-movedfor a partial summary judgment on the issue ofliability. On September 11, 1991, the UnitedStates District Court for the District ofConnecticut ruled on the case.Chapter I - Page I-6

BMP for Lead at Outdoor Shooting RangesRegarding the plaintiff’s claims under RCRA, theDistrict Court ruled in favor of the ConnecticutCoastal Fishermen’s Association, holding thatthe lead shot and clay targets were “discardedmaterials” and were “solid waste;” therefore, thematerials were subject to regulation underRCRA. The court further stated that thedischarged lead shot was a “hazardous waste,”but declined to rule on whether the clay targetfragments were also hazardous waste.Remington petitioned the United States Court ofAppeals for the Second Circuit Court to reviewthe lower court’s ruling.On June 11, 1992, both parties presented oralarguments before the court. Subsequent to oralarguments, the appellate court requested thatEPA file an amicus brief “addressing whetherlead shot and clay target debris deposited onland and in the water in the normal course oftrap and skeet shooting is ‘discarded material’...so as to constitute ‘solid waste’ under RCRA.”On March 29, 1993, the United States Court ofAppeals for the Second Circuit reached itsdecision. With respect to RCRA, the court bothreversed and affirmed the lower court’s opinionin part.Briefly, the decision affects currently operatingand future gun clubs, and the following keypoints are of primary concern:1. With respect to RCRA, the court agreedwith EPA’s amicus brief, which had argued thatthe gun clubs are not subject to RCRA’sregulatory (as opposed to statutory)requirements. In other words, gun clubs are notviewed as facilities that manage hazardouswastes subject to RCRA regulations and, assuch, do not require RCRA permits.2. Another argument in the EPA’s amicusbrief with which the court agreed was the viewthat the RCRA statute allows citizen suits to bebrought if a gun club’s shooting activities posean “imminent and substantial endangerment tohealth or the environment.” Although gun clubsare not subject to RCRA regulations, EPA orany state, municipality, or citizen group can takelegal action under the statutory provisions ofRCRA against gun clubs for actual or potentialenvironmental damage occurring during, or evenafter, the operation of the club. Under RCRA,the plaintiff would be eligible to recover its legalfees as well.3. The court concluded that lead shot andclay targets meet the statutory definition of solidwaste because these materials were “discarded(i.e. abandoned)” and “left to accumulate longafter they have served their intended purpose.”Further, the court concluded that based upontoxicity testing and evidence of leadcontamination, the lead shot was a hazardouswaste subject to RCRA.The important point to consider here is that iflead shot and clay target debris are discarded(i.e. abandoned), these materials are considereda solid waste as defined in the statute and thefacility may be subject to imminent hazardgovernmental or citizen suits.If, on the other hand, the discharged lead shot isrecovered or reclaimed on a regular basis, nostatutory solid waste (or hazardous waste)would be present and imminent hazard suitswould be avoided.Thus, the Remington Arms case is an importantlegal precedent. Even though regulations havenot been issued regarding gun club operationand environmental protection, gun clubs are stillat risk of legal action.Gun clubs where there is shooting into water,wetlands, rivers, creeks, and other sensitiveenvironments have the highest degree oflitigation risk. Conversely, gun clubs that havethe lowest risk of environmental litigation orgovernment action are those clubs that do notshoot into water or wetlands and which have anactive program to recover lead.The following describes how RCRA may applyto outdoor shooting ranges.How is Lead Shot Regulated UnderRCRA?Lead shot is not considered a hazardous wasteChapter I - Page I-7

BMP for Lead at Outdoor Shooting Rangessubject to RCRA at the time it is dischargedfrom a firearm because it is used for its intendedpurpose. As such, shooting lead shot (orbullets) is not regulated nor is a RCRA permitrequired to operate a shooting range. However,spent lead shot (or bullets), left in theenvironment, is subject to the broader definitionof solid waste written by Congress and used insections 7002 and 7003 of the RCRA statute.With reference to reclaiming and recycling leadshot, the following points should serve asguidance in understanding RCRA and how itapplies to your range. (A more detaileddiscussion of the underlying RCRA rulesapplicable to lead shot removal at ranges isincluded in Appendix D)• Removal contractors or reclaimers shouldapply standard best managementpractices, mentioned in this manual, toseparate the lead from soil. The soil, ifthen placed back on the range, is exemptfrom RCRA. However, if the soil is to beremoved off-site, then it would requiretesting to determine if it is a RCRAhazardous waste.• Lead, if recycled or reused, is considereda scrap metal and is, therefore, excludedfrom RCRA.• Collected lead shot and bullets are excludedfrom RCRA regulation, and need not have amanifest, nor does a range need to obtain aRCRA generator number (i.e., the range isnot a hazardous waste “generator”), providedthat the lead is recycled or re-used. Thereclaimer does not need to be a RCRAtransporter. However, it is recommendedthat ranges retain records of shipments oflead to the receiving facilities in order todemonstrate that the lead was recycled.Records should also be kept wheneverthe lead is reused (as in reloading). Therange should be aware that it ultimatelymay be responsible for the lead sent forreclamation. Therefore, only reputablereclaimers should be utilized.allow EPA, states or citizens to use civillawsuits, to compel cleanup of or other actionfor “solid waste” (e.g., spent lead shot) posingactual or potential imminent and substantialendangerment. Such actions can be soughtwhether the range is in operation or closed,and is based solely on a determination thatharm is being posed or may be posed by therange to public health and/or the environment.Since the risk of lead migrating increases withtime, making ranges that have not removedlead more likely candidates for governmentaction or citizen lawsuits under RCRA Section7002 and 7003, ranges are advised tomaintain a schedule of regular lead removal.• With time, lead in soil can become lessdesirable to reclaimers and smelters, therebypotentially reducing or eliminating financialreturns from lead removal. Moreover, suchsoil may be subject to more expensivetreatment to separate the lead for recycling.• Lead removal will allow the range to: avoidcontamination of the site and potential impactsto human health and the environment; reduceliability with regard to potential governmentagency or citizen suit action; and, possibly,benefit economically from the recycling oflead. Additional guidance on reclaiming leadis provided in other parts of this manual.• The above RCRA discussion applies to bothoperating and non-operating ranges. Theapplication of BMPs contained in this manualduring the life of the range is, of course, highlyrecommended. However, such applicationmay not preclude the need for remediation asappropriate, and as required by individualstates’ regulations when a range ispermanently closed and or abandoned or theland use changes and may result in potentialexposure to soil containing lead. Generalintroductory guidance for remediation can befound at www.epa.gov/epaoswer/osw orwww.epa.gov/superfund. Look under thesections “Cleanup” or “Resources,” or use theSearch function.• Sections 7002 and 7003 of the RCRA statuteChapter I - Page I-8

BMP for Lead at Outdoor Shooting Ranges1.2.2 - Clean Water ActThe goal of the Clean Water Act (CWA) is to“restore and maintain the chemical, physical,and biological integrity of the Nation’s waters.”The most common allegation against ranges bythe EPA and citizen groups, is that they violatethe CWA if they do not have permits that allowspent ammunition to be discharged into water.The CWA prohibits “the discharge of anypollutant by any person” into the waters of theUnited States without a National PollutionDischarge and Elimination System (NPDES)permit. There have been two court cases thathave applied the provisions of the CWA tocivilian shooting ranges. To understand how theCWA can apply to shooting ranges, a summaryof the cases follows. Also see Table 1-1.To understand the application of the CWA tooutdoor ranges, one must know the definitions ofkey terms and how they have been applied toshooting activities. See Table 1-1.In the Remington Arms and the New YorkAthletic Club lawsuits, citizen groups argued thatthe defendants violated the CWA by dischargingpollutants from point sources into the LongIsland Sound without a NPDES permit.Application of the CWA requires the violations tobe ongoing. Consequently, the court inRemington Arms dismissed the CWA chargeagainst the range because it had ceasedoperating before the lawsuit was filed.However, in the New York Athletic Club case,the club was still in operation during the time oflitigation, but had switched to steel shot. EPA’sopinion on this case also addressed the CWAviolation. EPA argued that certain trap/skeetranges can convey pollutants, via point sources,to water in violation of the CWA if a NPDESpermit is not obtained. Although some shootingorganizations have disagreed with the EPAposition, the United States District Court for theSouthern District of New York specifically foundthat:• The mechanized target throwers, theconcrete shooting platforms, and theshooting range itself are considered pointsources as defined by the CWA;• Expended shot and target debris, includingnon-toxic shot, such as steel shot, left inwater are pollutants as defined by the CWA.Although the New York district court’s decision inthe New York Athletic Club case is notcontrolling in any other district, range ownersand operators of outdoor ranges that shoot overor into wetlands or other navigable waters of theUnited States should be aware of it.Based on the court’s decision in the New YorkAthletic Club case, any range whose shot,bullets or target debris enter the “waters of theUnited States” could be subject to permittingrequirements as well as governmental or citizensuits. “Waters of the United States” or“navigable waters of the United States” arewaters of the United States, including territorialseas that include any body of water that has anyconnection to, or impact on, interstate waters orcommerce. The waters may include lakes,ponds, rivers, streams, wetlands, or even gutsthat are frequently dry, which may not beobvious to range owners/operators. Theseranges may be required to remediatecontaminated sediments and soils, which couldbe both difficult and expensive, and to ceaseoperations over waters and wetlands. It isstrongly recommended that these rangeschange the direction of shooting, to avoidshooting over or into wetlands or othernavigable waters of the United States, andinitiate lead removal and recycling activities.In addition, these ranges can cause asubstantial impact on wildlife and wetlands,which range owners/operators may be requiredto restore under other federal laws (e.g.,CERCLA, discussed below). Lead shotentering a water body substantially increasesthe potential risk of contaminating surface andgroundwater which, in turn, threatens humanhealth and the environment. Finally, as NewYork Athletic Club, Remington Arms and similarcases show, neighbors have the most leveragewhen range activity affects wetlands andwaterways.For ranges located away from coastal areas orChapter I - Page I-9

BMP for Lead at Outdoor Shooting RangesTable 1-1: Application of Key Terms to New York Athletic ClubChapter I - Page I-10

BMP for Lead at Outdoor Shooting Rangeswhose operating areas are situated wholly overland, compliance with the CWA can be achievedby obtaining a NPDES permit for piped orchanneled runoff from the range into water 1 .Shooting ranges impacting wetland areas maybe subject to other regulations found in Section404 of the CWA. This section is the principalfederal regulatory program protecting theNation’s remaining wetland resources. Anyplans for range owners/operators to dredge and/or fill wetlands will come under close scrutiny bythe federal, state and local governments andcitizen groups. Range owners/operators mustcomply with the CWA when range design,redesign, construction, reclamation orremediation occurs in wetland areas.1.2.3 Comprehensive EnvironmentalResponse, Compensation, andLiability Act (CERCLA)The Comprehensive Environmental Response,Compensation, and Liability Act (CERCLA),imposes liability on past and present owners oroperators of properties where a release of ahazardous substance into the environmentexists. CERCLA is typically used when a party,either the government or private party, hascleaned up someone else’s contamination, andseeks reimbursement from past owners/operators or disposers (potentially responsibleparties or PRPs). Under CERCLA, lead isconsidered a hazardous substance.EPA has the authority to order a PRP to clean upa site or conduct the cleanup and recover itscosts from the PRP under CERCLA.Responsible parties may be held liable for allcleanup costs, which can be substantial. UnderCERCLA, shooting ranges may be liable forgovernment costs incurred during the cleanupof ranges, natural resources damages, andhealth assessments and/or health effectsstudies. The following two examples illustratehow shooting ranges (including one operated bythe federal government) can be affected byCERCLA.1The term “land” in this instance refers specifically to terrainrecognized as “non-wetland” areas.Southern Lakes Trap and Skeet Club Site,Lake Geneva, Wisconsin, et al.In 1992, the US Fish and Wildlife Service(USFWS) began an investigation to determinethe cause of death of over 200 Canada geese.The geese died as a result of acute leadpoisoning after ingesting lead shot, whichresearch indicated came from the SouthernLakes Trap and Skeet Club. The USFWS, in itsrole as Natural Resource Trustee, took action torecover the cost of damage to the naturalresources (i.e., migratory geese) underCERCLA. In addition, EPA pursued a separateaction under the Agency’s CERCLA responseauthority. The club had leased the property fromthe property owners to operate a shooting range.Shortly after EPA sent out the notice of potentialliability to the current and former owners andoperators of the club site, the club closedpermanently.In 1994, EPA issued an Administrative Order onConsent (AOC) against one current and oneformer owner of the property where the nowclosed Southern Lakes Trap and Skeet Club waslocated. The AOC required the owners toperform a site assessment, which included anevaluation of the costs to restore the wetlands.In 1998, EPA completed activities to clean up thesite and restore some of the natural resourcesand wetlands. In a negotiated settlement, EPArecovered $1 million of the cost of the cleanup.Walter L. Kamb v. United States Coast Guard,et al.In another CERCLA action, Mr. Kamb (courtappointed property guardian) sued the U.S.Coast Guard, California Highway Patrol, City ofFort Bragg, and the County of Mendocino (thedefendants) for recovery of cleanup costs underCERCLA. Mr. Kamb had been appointed by theMendocino County Superior Court to sell theproperty on behalf of the property owners. Theproperty was formerly used by defendants as arifle, pistol and trap range. Soil analysisindicated the presence of lead in the form ofleadshot, bullets, pellets, and dust. The courtfound the defendants were “responsible parties”(liable for cleanup costs) under CERCLA. NoChapter I - Page I-11

BMP for Lead at Outdoor Shooting Rangesapportionment of liability was made and the finaldetermination of each parties’ pro rata share ofthe response cost was deferred.This case shows that range activity need notaffect a water body to trigger CERCLA liability.CERCLA is a powerful statutory authority thatcan greatly impact current and former rangeowners/operators. The statute allows forrecovery of damages to natural resources, thecost of any health assessment studies and allcleanup costs. Liability may extend to pastowners and operators long after a range ceasesoperation.1.2.4 Additional Laws and RegulationsShooting ranges may also be subject to stateand local laws and regulations. Many stateshave adopted their own environmental laws,which are based on federal laws. Specifically,these states have laws and regulations thatmirror the CWA and RCRA program laws. EPAapprovedstate program laws must be asstringent as the federal laws and may be morestringent. Activities at shooting ranges may alsobe subject to local laws, ordinances andregulations addressing issues such as noise,zoning, traffic, wetlands and nuisance. Often,citizens or neighbors of outdoor shooting rangescan initiate noise nuisance claims againstrange owners/operators. Because many stateshave passed legislation protecting ranges fromnoise nuisance lawsuits, these may turn intoclaims of environmental violations under thelaws discussed above due to the presence oflead and other products at ranges.1.3 Benefits of MinimizingLead’s Environmental ImpactAll ranges will benefit from proactivelyimplementing successful BMP’s. Even ifrange activities currently do not cause adversepublic health and environmental impacts, bydeveloping and promoting active leadmanagement programs, ranges will benefit in thefollowing ways:• Through a sound lead managementprogram, shooting sports enthusiasts canreduce the potential of lead exposure andcontamination to humans, animals and theenvironment.• A lead management program will result inimproved public relations for the rangeand the shooting sports. Ranges canpromote and publicize their successful BMPprograms to improve their public image.Since many of the legal and governmentalactions begin with or are due to citizengroups, an active lead management programmay improve the public image of the rangewith these citizen groups.• The removal of spent lead from the rangepresents a clean, well maintained facility,which will increase customer satisfaction.• Lead is a recyclable and finite resource andcan be recovered from the active portion ofranges and sold to lead reclaimers.Frequently, reclaimers do not charge rangeowners/operators to recover lead fromranges, and owners and operators mayreceive a percentage of the profit from thesale of reclaimed lead. This factor drivesrecycling efforts at many ranges.• By reducing or eliminating a potentialsource of lead migration in soil, surfacewater and groundwater, range owners/operators may avoid costly and lengthyfuture remediation activities.• Finally, implementing a BMP program forlead may eliminate or greatly reduce therisk of citizen lawsuits and the legal costsassociated with these lawsuits. Throughmanagement and removal practices, leadmay no longer represent a threat upon whichcitizen lawsuits are based.Range owners/operators may question whetherthe benefits of a regular and timely BMP programoutweigh the efforts of implementing andmaintaining a program. The questions may ariseespecially for ranges at which shooting activitiesinvolve waterways, since national attention hasfocused on ranges located adjacent to water(e.g., Remington Arms and the New York AthleticChapter I - Page I-12

BMP for Lead at Outdoor Shooting RangesClub). However, all outdoor ranges may besubject to legal actions under RCRA andCERCLA authority. All of the benefits foradopting best management practices areavailable and worthwhile for every range ownerand operator.The following sections provide information thatwill assist the range owner or operator inimplementing a BMP program for recovery andrecycling of lead shots and bullets.Chapter I - Page I-13

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