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I am pleased to forward to you a proposed bill, "The Hazardous Waste Management Act of 1973," designed to protect public health and other living organisms from the adverse impact of the disposal of hazardous wastes.

The proposed bill is being transmitted in accordance with the Environment and Natural Resources State of the Union Message of the President.

The proposed Hazardous Waste Management Act of 1973 addresses the mounting environmental problem resulting from the unregulated disposition of hazardous wastes. With advances in industry and technology, increasingly complex wastes pose significant hazards to health when they are released into the environment.

Hazardous wastes would be identified under the proposed bill by the Administrator of the Environmental Protection Agency. Standards for treatment and disposal of such wastes and guidelines for State programs to regulate such wastes would be issued. The primary responsibility for regulating hazardous wastes will rest with the States. Direct Federal regulation under a permit system would be provided for a limited category of the most hazardous wastes. Federal authority would also be provided to ensure compliance with the standards in the event States failed to do so or in the event an imminent hazard is presented. Research, investigations,

and studies with respect to the impact of wastes upon the environment, development and operation of waste management programs, and the reduction of waste generation and recovery of secondary materials would also be provided.

I believe that this proposal provides a much needed solution to the problems of hazardous waste management and disposition, and presents an opportunity to prevent serious hazards to human health and other living organisms.

I recommend that the bill be referred to the appropriate Committee for consideration and that it be enacted.

The Office of Management and Budget has advised that the enactment of this proposed legislation would be in accord with the program of the President.

Sincerely yours,

Enclosure

/s/ William D. Ruckelshaus

Administrator

S. 1086

H. R. 4873

A BILL

To assure protection of public health and other living organisms from the adverse impact of the disposal of hazardous wastes, to authorize a research program with respect to hazardous waste disposal, and for other purposes.

Be it enacted by the Senate and the House of Representatives of United States of America in the Congress assembled.

Sec. 1. This Act may be cited as the "Hazardous Waste Management Act of 1973."

Sec. 2. FINDINGS AND PURPOSE

(a) The Congress finds-

(1) that continuing technological progress, improvement in the methods of manufacture, and abatement of air and water pollution has resulted in an ever-mounting increase of hazardous wastes; (2) that improper land disposal and other management practices of solid, liquid and semisolid hazardous wastes which are a part of interstate commerce are resulting in adverse impact on health and other living organisms;

(3) that the knowledge and technology necessary for alleviating adverse health, environmental and aesthetic impacts associated with current waste management and disposal practices are generally available at costs within the financial capacity of those who generate such wastes, even though this knowledge and technology are not widely utilized;

(4) that private industry has demonstrated its capacity and willingness to develop, finance, construct and operate facilities and to perform other activities for the adequate disposal of hazardous and other waste materials;

(5) that while the collection and disposal of wastes should continue to be a responsibility of private individuals and organizations and the concern of State, regional and local agencies, the problems of hazardous waste disposal as set forth above and as an intrinsic part of interstate commerce have become a matter national in scope and in concern, and necessitate Federal action through regulation of the treatment and the disposal of the

most hazardous of these wastes, and through
technical and other assistance in the application
of new and improved methods and processes to pro-
vide for proper waste disposal practices and
reductions in the amount of waste and unsalvageable
materials.

(b) The purposes of this Act therefore are

(1) to protect public health and other living organisms through Federal regulation in the treatment and disposal of certain hazardous wastes;

(2) to provide for the promulgation of Federal guidelines for State regulation of the treatment and disposal of hazardous wastes not subject to Federal regulation;

(3) to provide technical and other assistance to public and private institutions in the application of efficient and effective waste management systems;

(4) to promote a national research program relating to the health and other effects of hazardous wastes and the prevention of adverse impacts relating to health and other living organisms.

Sec. 3. DEFINITIONS

When used in this Act:

(1) The term "Administrator" means the Administrator of the Environmental Protection Agency.

(2) The term "State" means a State, the District of Columbia, the Commonwealth of Puerto Rico.

(3) The term "waste" means useless, unwanted, or discarded solid, semi-solid or liquid materials.

(4) The term "hazardous waste" means any waste or combination of wastes which pose a substantial present or potential hazard to human health or living organisms because such wastes are nondegradable or persistent in nature or because they can be biologically magnified, or because they can be lethal, or because they may otherwise cause or tend to cause detrimental cumulative effects.

(5) The term "secondary material" means a material that is or can be utilized in place of a primary or raw material in manufacturing a product.

(6) The term "generation" means the act or process of producing waste materials.

(7) The term "storage" means the interim contain

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