Market-Based Environmental Management: Issues in Implementation

Congressional research reportMar 7, 1994

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Market-Based

Environmental Management:

Issues in Implementation

March 7, 1994

(name redacted) and John E. Blodgett, Coordinators

(name redacted), David E. Gushee, Susan L. Mayer, (name re

dacted), and Larry B. Parker

Environment and Natural Resources Policy Division

Congressional Research Service ˜ The Library of Congress

MARKET-BASED ENVIRONMENTAL MANAGEMENT:

ISSUES IN IMPLEMENTATION

SUMMARY

The acid rain title of the 1990 Clean Air Act Amendments authorizes the first nationwide

system for trading the regional location and method of pollution control. This market-type

mechanism, if successfully implemented, could reduce the cost of compliance of meeting new

limits on sulfur dioxide emissions, the main precursor of acid rain.

Successful passage of the sulfur dioxide trading mechanism has invigorated efforts to add

similar mechanisms to the regulatory regimes for other environmental management areas.

Limitations of current regulatory approaches, complexity of remaining and emerging

environmental problems, and the attack on the Federal budget deficit make greater use of

incentive-type approaches to environmental management an attractive option, in some cases.

While existing regulatory systems have made measurable reductions in common air and

water pollutants, most observers agree that they have been less successful against complex

problems caused by toxics and by transformed or transported pollutants. As supplements to

established regulatory systems, market-based options often offer cost saving potentials, enhanced

flexibility, and increased effectiveness. Options include trading of permitted discharges or other

types of resource constraints or over control credits among sources; pollution taxes, fees, and

charges; deposits and refunds; and liability assignment and information disclosure. Particularly

in situations where total pollution loadings or other resource management objectives rather than

ambient health standards are the issue, greater consideration of regulatory financial burdens may

be warranted. More importantly, many environmental problems are too intertwined with

everyday economic activities to be managed effectively through highly centralized regulatory

systems.

Proposals by the Clinton Administration for market-based environmental protection build

on the earlier efforts of Congress and the Bush Administration. The 103rd Congress is

considering market-based approaches in reauthorization for the Clean Water Act. Some in

Congress also propose market-type mechanisms for dealing with the potential threats of global

warming, for encouraging the recycling of solid waste, and for improving management of some

natural resources.

As attractive as these mechanisms may be in concept, their implementation occurs within

a well established regulatory context involving all three levels of government, international treaty

obligations, agency capabilities, and the private sector. It is the implementation concerns that

will largely shape the debate in Congress and help determine which innovations ultimately

become public policy. For example, the political consensus for taxing pollution rests more on

raising

revenue than on any attempt to charge for the external costs of pollution. Similarly, emission

reduction credit or allowance trading systems may offer politically attractive ways to share the

financial burdens of policy changes while also reducing compliance costs.

CONTRIBUTORS

Coordination and Integration

(name redacted)

John E. Blodgett

Air Quality

Larry B. Parker

Susan L. Mayer

David E. Gushee

Water Quality and Resources

(name redacted)

John E. Blodgett

Solid and Hazardous Waste

Susan L. Mayer

(name redacted)

CONTENTS

INTRODUCTION AND FINDINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

AN EMERGING DOUBLE BIND IN ENVIRONMENTAL MANAGEMENT . . . . . . 1

BEGINNINGS OF A CHANGE IN ENVIRONMENTAL REGULATION . . . . . . . . . 1

IMPLEMENTATION AS THE PRIMARY CONCERN IN

REGULATORY INNOVATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

THE OUTLOOK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

REPORT CONTENTS AND FOCUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

FINDINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Growing Interest and Experience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Options . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Potentials Versus the Pragmatic . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Cases in Point . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Concerns and Limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

THE CONTEXT FOR MARKET-BASED APPROACHES . . . . . . . . . . . . . . . . . . . . . . . . . . 9

THE CURRENT SYSTEM: ITS STRENGTHS AND WEAKNESSES . . . . . . . . . . . 10

Strengths . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Weaknesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

PRESSURES FOR GREATER USE OF INCENTIVES . . . . . . . . . . . . . . . . . . . . . . . 11

Cost, Finance, and Management Effectiveness . . . . . . . . . . . . . . . . . . . . . . . . . . 12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Indirect Mechanisms for Complex Environmental Problems . . . . . . . . . . . . . . . 15

International Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

CURRENT AND PROPOSED APPROACHES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

Current Examples . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

Proposals for Change . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

ADVANTAGES: POTENTIAL COST SAVINGS AND INNOVATION . . . . . . . . . 23

Studies of Cost Saving Potentials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

A Stimulus for Innovation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

CHALLENGES TO IMPLEMENTATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

Uncertainty in Meeting Environmental Goals . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

Third Party Effects and Local Environmental Compliance . . . . . . . . . . . . . . . . . 30

Moral Opposition to Local Changes in Pollution . . . . . . . . . . . . . . . . . . . . . . . . 30

Measurement and Monitoring . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

Complexity Of Nonconventional Pollutants . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

Institutional Capability and Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

Market Imperfections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

Regional Definitions and Boundaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

Compliance Versus Abatement Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

Cross-Media Effects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

INSTITUTIONAL CONSIDERATIONS IN IMPLEMENTATION . . . . . . . . . . . . . . . . . . 33

THE ROLE FOR MARKET APPROACHES IN A REGULATORY CONTEXT . . . 33

TAXING POLLUTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

The General Case . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

Implementing Pollution Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

Other Ways of Using Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

ii

TRADING OF POLLUTION REDUCTION OR OTHER RESOURCE

MANAGEMENT CONSTRAINTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

The General Case . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

Implementing Tradeable Pollution or Other Compliance Requirements . . . . . . 38

Ways of Using Tradeable Permits or Other Over

Performance on Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

DEPOSIT/REFUND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

The General Case . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

Implementing Deposit Refund Systems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

Ways of Using Deposit-Refund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45

OTHER MARKET STRENGTHENING ACTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . 46

Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

Liability Assignment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47

Best Management Practices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48

CURRENT U.S. APPROACHES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49

ACHIEVING REGIONAL/LOCAL REGULATORY EFFICIENCY . . . . . . . . . . . . . 49

Emissions Trading Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49

Direct Discharge Permit Trading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53

Point-Nonpoint Sources Trading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54

MEETING NATIONAL POLLUTION REDUCTION OR PHASE-OUT

REQUIREMENTS THROUGH TRADING . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59

Lead Trading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59

Sulfur Dioxide Allowance Trading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61

INTERNALIZING SOCIAL COSTS THROUGH

NONREGULATORY MEANS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66

CFC Tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66

Permit Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68

Input Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70

Wetlands Mitigation Banking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75

Information Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76

Liability Assignment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78

Deposit-Refund for Managing Solid and Hazardous Waste . . . . . . . . . . . . . . . . 79

PROPOSALS FOR NEW APPROACHES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81

ACHIEVING REGIONAL/LOCAL REGULATORY EFFICIENCY . . . . . . . . . . . . . 81

Marketable Permit Programs In The Los Angeles Area . . . . . . . . . . . . . . . . . . . 81

MEETING POLLUTION REDUCTION OR PHASE-OUT

REQUIREMENTS THROUGH TRADING . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84

Tradeable Permits For Carbon Dioxide Control . . . . . . . . . . . . . . . . . . . . . . . . . 84

Recycling Credits in the Solid Waste Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87

INTERNALIZING SOCIAL COSTS THROUGH NONREGULATORY

MEANS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90

Carbon Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90

Effluent Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93

Input Fees - Fertilizer, Pesticide and Animal Feed Tax . . . . . . . . . . . . . . . . . . . 96

User Taxes - Water Use Tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98

Wetlands Mitigation Banking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99

Assurance Bonding To Reduce Agricultural Nonpoint Source Pollution . . . . . 101

Investment Tax Credits for Recycling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103

iii

Other Tax Credits for Recycling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105

Virgin Materials Tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106

Unit Pricing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107

Deposit/Refund for Batteries and Other Hazardous Substances . . . . . . . . . . . . 109

TABLES

Table 1.

Table 2.

Table 3.

Table 4.

Table 5.

Table 6.

Table 7.

Table 8.

Table 9.

Current Market-Type Mechanisms in Operation . . . . . . . . . . . . . . . . . . . . . . . . . 19

Proposals for Market-Based Environmental Protection . . . . . . . . . . . . . . . . . . . . 25

Summary of Emissions Trading Activity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52

Water Pollution Permit Trading (Fox River, Wisconsin) . . . . . . . . . . . . . . . . . . 56

Water Pollution Rights Trading (Dillion Reservoir, Colorado) . . . . . . . . . . . . . . 57

EPA Lead Trading and Banking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60

Implementation Costs by Cost Category . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62

Transactions in Sulfur Dioxide Allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64

Relative Comparison of Five Basic Options for Controlling

N Fertilizer Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73

MARKET-BASED ENVIRONMENTAL MANAGEMENT:

ISSUES IN IMPLEMENTATION

INTRODUCTION AND FINDINGS

AN EMERGING DOUBLE BIND IN ENVIRONMENTAL MANAGEMENT

Increasingly, efforts to protect integral features of the natural environment that are essential

to human well being face a double challenge.

First, the magnitude of some conventional and emerging threats to environmental quality

is growing, despite solid progress in controlling some causes. This is particularly the concern

on a global scale in terms of atmospheric changes and loss of biological diversity.

Second, easily-implemented uniform control methods using feasible technologies or other

direct regulatory approaches are already in place for many pollution and resource management

problems in the United States. Additional progress with so-called command and control policies

can be expensive and disruptive, and thus counter productive to overall economic well being.

This type of dilemma is common where environmental deterioration results from diffuse and

complex causes inherent in technically-advanced high-consumption industrial societies such as

the U.S. Solutions to these types of environmental problems are complicated by the diffuse

benefits which obscures the net gains of additional controls that have concentrated and highly

visible costs.

Given this double bind, many policy analysts and academics have for years advocated more

cost-effective and flexible approaches relying on market forces to further some environmental

management objectives. Although market-based theory and practical environmental policy are

still far apart, the incremental approach to environmental policymaking since the late seventies

has resulted in some market-type innovations within traditional regulatory frameworks at all

levels of government. The most prominent examples are the Environmental Protection Agency's

(EPA) air emissions trading program and the recently enacted sulfur dioxide allowance trading

program under the 1990 Clean Air Act Amendments.

BEGINNINGS OF A CHANGE IN ENVIRONMENTAL REGULATION

In enacting environmental legislation, Congress has continually tried to ensure adequate

regulatory and technical controls on individual sources of air, water, and land pollution in order

to protect public health and ecological values. The cost of these controls, while significant in

some cases, had been small enough in the context of the overall economy that through the late

1980s, no viable consensus emerged for specific refinements or shifts in the various laws and

implementing regulations governing environment and natural resources management. This status

quo began to change in 1989 with the push for Clean Air Act Amendments by the Bush

Administration. The need to project low national costs and market-oriented Administration

CRS-2

policy led to the enactment in 1990 Clean Air Act Amendments (CAAA) of the first nationwide

system for trading the location and method for controlling a pollutant (sulfur dioxide).

IMPLEMENTATION AS THE PRIMARY CONCERN IN REGULATORY

INNOVATION

Some argue that the sulfur dioxide trading mechanism marks a new era in environmental

management. Its successful implementation, however, faces significant challenges at the State

level and in the private sector. Other current and proposed market-type innovations face similar

implementation issues.

Since implementation is often the litmus test in assessing the merits of public policy

innovations, this report focuses primarily on the potentials and institutional challenges facing

market-based mechanisms for environmental management within the Federal system.

THE OUTLOOK

The Federal budget situation and the nature of emerging environmental problems are

becoming the factors that focus attention on more active use of incentive approaches for

environmental protection. Expanding the use of fees to finance environmental protection

programs and greater reliance on trading to shift pollution reduction towards lower cost control

points is already done within EPA and State environmental protection programs. Experience to

date suggests a number of directions for the use of these mechanisms including:

•

Large direct taxes on pollution, while likely to be effective in the longer term, raise

concerns about U.S. international cost competitiveness, the administrative capability

to implement such techniques, and the political difficulties of applying them in a

targeted way.

•

A more modest role for environmental taxes is one in which they serve multiple

purposes such as the proposed Btu tax or the recently-passed gasoline tax. The use

of taxes in these circumstances may serve several objectives not necessarily related

to environmental protection, but may possibly modify behavior sufficiently to

produce some reduction in pollution. Such taxes may raise general or dedicated

revenue, send a signal on level of consumption, possibly be used to offset other

revenue sources, or serve as a way of capturing windfall gains when other regulations

drive up prices.

•

Credit or permit trading is emerging as an acceptable means for easing transitions in

certain situations where strict location of compliance is not a concern. Such systems

can be used to ease the financial burden and opposition to strict local standards for

uniformly distributed environmental problems such as severe ozone nonattainment,

as is the goal in the Los Angeles basin; to lessen economic disruption by allowing

regulated entities to find some other related way to meet a standard or market

constraint as with acid rain control; and to create transitional efficiencies when a

substance or activity is being phased out or substantially reduced in scope, as with

CFCs.

CRS-3

•

Deposit refund approaches are gaining favor in some States for disposal problems

other than beverage containers. The most common target for this approach is lead

acid batteries, with 10 States operating some type of program. More innovative uses

of this technique, such as management of some toxic substances, remains an untested

proposal.

•

Information and other market conditioning policies, while indirect and hard to

evaluate, may be one of the more powerful ways to change consumer and business

behavior regarding environmental quality. Anecdotal evidence suggests that the

toxic chemical disclosure requirements of the 1986 Superfund Amendments (Right-to

Know) are leading many corporations to modify practices in order to avoid adverse

publicity even when no legal violations are present.

REPORT CONTENTS AND FOCUS

This report is a revision and update of an earlier CRS report on the same subject. 1 This

version looks explicitly at issues of implementation for both existing and proposed market-based

mechanisms. As such, the report is divided into several overlapping sections written to the

interests of various readers. Focus of each major section is:

1)

Findings - presents an integration of major points in the report.

2)

Context for Market-Based Approaches - presents the range of actual and proposed

mechanisms, their relation to current regulatory systems, and their general strengths

and weaknesses.

3)

Institutional Considerations in Implementation - discusses how each of the generic

market-based approaches works, its range of applicability, and the challenges to

implementation within the public sector authorities and capabilities.

4)

Current U.S. Approaches - assesses U.S. experience with actual market-based

approaches to-date, focusing on lessons and outcomes relative to expectations.

5)

Proposals for New Approaches - assesses some of the major options that are currently

under debate either in Congress or in various policy communities.

FINDINGS

Growing Interest and Experience

With the passage of the trading system for sulfur dioxide, the interest in market-based

refinements among environmental advocacy groups and within Congress has increased for at

least three reasons.

1

U.S. Library of Congress. Congressional Research Service. Using Incentives for

Environmental Protection: An Overview. 89-360 ENR. Washington, 1989.

CRS-4

•

The country is facing a new round of major pollution control programs -- programs

dealing with possible CO2 reductions, urban ozone reductions, recycling and waste

reduction requirements, nonpoint source water pollution reduction as well as already

enacted efforts to deal with phase out of CFCs and acid rain control. These initiatives

could increase total direct costs of pollution abatement from the historical 2% of the

Gross National Product, where it has remained for nearly 15 years. Facing these

potential cost increases, more efficient control mechanisms begin to look more

attractive. In addition, solutions to some of these problems (such as CO

2,

stratospheric ozone depletion, and acid rain), may be more amenable to cost and

efficiency considerations since total regional, national or even international pollution

loadings are involved rather than local ambient concentrations. These circumstances

seem to loosen potential solutions from strict consideration of uniform restraints,

allowing consideration of differences in incremental benefits and costs among

differing circumstances to shape how pollution reduction is accomplished, while still

protecting human health.

•

Existing regulatory approaches appear inadequate or simply inappropriate for

managing some of the diffuse and more complex pollution problems that are

increasingly apparent -- from toxics and pesticides to global concerns about

stratospheric ozone depletion and climate change. By levying charges or taxes on

pollution, polluting activities or products, or by providing other market incentives,

one may be able to augment existing regulatory and enforcement mechanisms

without resorting to more burdensome and costly methods.

•

Because of the Federal budget deficit, it is difficult for Congress to authorize and

appropriate monies for new programs to address emerging environmental problems.

Some market-based approaches serve both as potential revenue sources as well as

incentives to modify polluting activities.

Options

Incentive or market-based options give the regulated community a financial reason to

reduce pollution or change other behavior, usually without directives as how such changes

should be made. Although proposals vary, most proponents see incentive approaches as

supplemental to or refining existing environmental regulatory structures rather than replacing

them. Major options include:

•

Taxes or charges - levied on either polluting outputs, polluting inputs, or polluting

products at a sufficiently high level to make it financially desirable to reduce or even

eliminate pollution;

•

Fees - levied on pollution discharge permits or other activities and intended generally

to finance regulatory programs;

•

Tradeable Discharge Permits or Pollution Allowances - various arrangements where

permits or allowances for a fixed amount of pollution can be shifted among pollution

sources through the buying and selling of pollution allowances that concentrate

abatement at the points of lowest cost;

CRS-5

•

Tradeable Credits - where businesses which over perform in meeting an industrywide constraint or objective (removing lead from gasoline, increasing recycled paper

content in newsprint, etc.) are allowed to sell the excess produced to businesses who

cannot meet the objective efficiently thereby achieving gains from trade and lower

compliance costs;

•

Other - including deposits and refunds; the explicit provision of information; the

assignment of liability; the levying of noncompliance fines or taxes; guidelines;

zoning; cross compliance; and subsidies and tax concessions.

Potentials Versus the Pragmatic

Case studies of potential savings from possible incentive-based systems, usually tradeable

discharge permits, often generate estimates in the tens of billions of dollars. Such results are

usually predicated on unconstrained shifting of pollution reduction requirements to the lowest

incremental-cost points of abatement. As such, these studies ignore existing regulations based

on broader policy concerns and the fact that industries have already spent considerable amounts

on abatement. Estimates of savings from EPA's air emissions trading program suggest industry

savings of several billions of dollars since the beginning of the program in the mid-seventies.

The EPA estimates that the SO2 allowance trading may save $0.7 to $1.0 billion per year over

the course of the program depending on State public utility regulation and the participation of

utilities.2

Besides direct cost saving potentials, there are at least two more subtle, but equally

important considerations. First, proponents argue that incentive-based systems provide financial

motivation for long run innovations that may go beyond traditional regulatory approaches in

solving environmental problems. Second, even if incentive systems do not produce greater

reductions in pollution or improvements in resource management than traditional approaches,

they offer the advantage of flexibility in timing the decisions and methods for meeting

environmental goals, not an insignificant factor in managing private sector activities.

Cases in Point

The EPA's air emissions and SO2 allowance trading program are the most prominent

examples of market-based mechanisms, but several other programs or plans use incentive-type

approaches.

•

2

For the SO2 allowance trading program under the acid rain control provisions of the

1990 CAAA, it is too soon to tell whether initial expectations on cost savings will be

realized. Phase I which begins in 1995 requires an intermediate level of reduction

in emissions which many utilities may be able to meet through internal changes. The

exchange of allowances in a market context seems more likely for phase II

allowances which cover emissions of SO 2 after the year 2000 and require more

stringent reductions from more sources. Full realization of the potentials of the

Carlin, Alan. The United States Experience with Economic Incentives to Control

Environmental Pollution. United States Environmental Protection Agency. 230-R-92-001 July

1992. p. 5-7.

CRS-6

program will depend, in part, on State public utility commissions' policies, support

from State legislatures, and judicial interpretation of State laws.

•

The 1990 CAAA also contain several provisions that will be implemented in later

years such as fees of $5,000 per ton of excess emissions of volatile organic

compounds; an oxygenated gasoline credit program; and a low emission vehicle

credit program.

•

For air emissions trading under various EPA mechanisms (netting, bubbling, offsets,

and banking) the results have been mixed, due in part to uncertainties and the

reluctance by regulators and industry to apply these techniques. The most active

"markets" are in Southern California, where stringent pollution limitations on new

industry had been in force prior to the 1990 CAAA and there had been strong

industrial growth. Much of this activity, however, had been credits generated from

plant closings (shut down credits). With the passage of the 1990 Clean Air Act

Amendments, trading activity in Southern California and other areas may be

facilitated by the Act's comprehensive permit program and increasing sanctions for

noncompliance by industry.

•

Lead phase-down in gasoline was implemented by EPA using a lead rights trading

program among refiners who had differing technical capabilities to remove lead. The

program was generally viewed as successful in reducing the overall industry costs of

complying with stricter lead standards. Some argue that lower costs for marginal

suppliers resulted in lower gasoline prices and thus lower overall industry profits,

while benefitting consumers.

•

In Colorado, two local governments have established programs for accommodating

future economic growth by allowing water pollution sources with high treatment

costs to "buy" comparable or greater abatement from lower-cost sources, usually

diffuse nonpoint polluters. The program is beginning to be used and is being studied

as a possibility for areas with similar water pollution problems.

•

Wisconsin has established a statewide discharge permit trading program whose sole

application to date is on the Fox River in order to help achieve regional water quality

standards that had not been met even after dischargers had installed required

pollution control equipment. It appears that limitations on what constitutes tradeable

rights, lengthy approval processes, and other restrictions are the reasons that there has

been virtually no trading within this program.

•

North Carolina has set an overall limit on nitrogen and phosphorus effluent for one

basin with charges for pollution sources to meet short term goals. In the long-term,

lower discharge limits will probably be imposed through control of nonpoint sources.

Dischargers can offset their effluents with credits issued by a program that controls

agricultural runoff with the most effective management practices.

•

Most States as well as the Federal government use various forms of permit fees or

taxes to help finance regulatory programs, or in the case of the Federal Superfund to

pay for cleanup of past problems. Such fees are seldom large enough to create an

CRS-7

economic incentive for abatement, though some argue that permit fees for air

emissions in some areas may be high enough to have some incentive effect.

•

Underlying incentive approaches is the role of better information. Both the Federal

government and various States have made disclosure of pollution information an

explicit requirement for certain types of environmental releases. For example, the

1986 Superfund amendments require that manufacturing companies report annually

on releases of specified hazardous chemicals. New Jersey and California also have

enacted strict disclosure requirements for hazardous substances.

Concerns and Limitations

While incentive-based approaches may be appealing as a refinement to current regulatory

systems, their application in specific situations raises important concerns:

•

Total pollution control costs could be greater for industry in some cases than

traditional command and control systems, even though abatement expenditures may

be reduced through incentive approaches. This is especially the case where pollution

taxes or auctions of pollution permits would be involved. In this case, industry must

both either pay for all of its pollution or pay for partial cleanup and permits and/or

taxes on the rest. On the other hand, where tradeable permits are grandfathered as

they were with the SO2 allowance trading program, questions of equitable allocations

based on differences in past control have to be addressed. To a large extent, the

working out of an allocation of permits to existing and new sources may involve

complexities and politics as challenging as some aspects of command and control

systems.

•

Government revenue from an incentive approach (say from pollution taxes or

auctioned permits) would not be recycled to polluters under most proposals. For

example, earlier proposals for a Btu tax (partly justified on environmental and energy

security grounds) would have gone for deficit reduction, as does the increase in the

gasoline tax that was part of the final budget package. There are also a number of

proposals for substantial tax increases on various pollution sources or other problems

such as auto-related congestion with some of the revenue going to reduce income

taxes. However, some advocate earmarking revenues for environmental programs

or to subsidize abatement for vulnerable industry segments. This approach seems to

be popular in Europe.

•

Incentive systems -- because they allow greater latitude in how and where reductions

occur -- may increase the need for detailed monitoring and enforcement, either at

government or industry (ultimately consumer) expense.

•

Complexity of both sources and pollutants in the toxics and hazardous waste area

probably confines incentive approaches to areas such as long-run technical change,

recycling, and restraint on quantity used. For example, deposit and refund systems

for some types of toxics have appeal. Information disclosure along with shifting of

the burden of proof may be an effective strategy for motivating non-regulatory

compliance. Taxing polluting inputs may also provide incentives for development

CRS-8

of safer new products or substitution towards less harmful alternatives, as well as

raising product price which reduces the amount demanded.

•

In situations where environmental deterioration is severe, the relative advantages of

incentive approaches may be small. In these circumstances, every feasible means of

technical control may be needed to achieve environmental standards, if major

lifestyle changes are to be avoided.

•

To use market-based approaches assumes that markets will not have major

imperfections. Too few buyers and sellers, hoarding, lack of adequate information,

and uncertainty about security of investments in overcontrol are all concerns that

surround trading proposals.

•

Other potential problems include conflicting objectives between governmental bodies

(e.g., environmental program officials' goals to reduce emissions versus State public

utility commissions' goals on service reliability and cost); and geographic inequities

where different jurisdictions might impose different approaches with different costs;

and potential interstate conflict.

•

In some cases, there may be an inherent conflict between equitable protection of

individual health and the goal of greater latitude in reducing pollutants.

CRS-9

THE CONTEXT FOR MARKET-BASED APPROACHES

As noted in the introduction, the growing emphasis on market-based approaches seems to

be driven by three trends:

•

Rising costs from traditional regulatory approaches;

•

The growing complexity of diffuse sources of environmental deterioration including

nonsustainable pressures on many renewable resources; and

•

The perceived urgency to reduce the Federal deficit, thus increasing the attractiveness

of environmental taxes and fees as a revenue source.3

Whether these forces will accelerate changes in Federal environmental protection and

resource management policy is unclear, but the thrust of the Administration's early proposals is

toward market-based techniques. In many cases, market-based mechanisms can potentially ease

the transition to more sustainable but controversial environmental and resource management

standards.

In any assessment of current market-based approaches or proposals for change, the policy

and regulatory setting within which techniques are or may be implemented is the necessary

starting point. This section develops that context as background for later discussions of specific

market-based mechanisms. The section covers:

3

•

The current regulatory system and its perceived strengths and weaknesses;

•

The pressures for change;

•

Current examples of market-based approaches and proposals for new approaches;

•

The advantages of greater reliance on market-based options;

•

The concerns about market-based approaches.

Some even advocate using pollution taxes as a revenue source to shift tax burdens away

from the income tax while also creating incentives to reduce pollution. See for example: 1)

Oates, Wallace E. Taxing Pollution: An Idea Whose Time has Come? Resources. Spring

1988. Resources For the Future. Washington, D.C. pp 5-7; and 2) Repetto, Robert, et. al.

Green Fees: How a Tax Shift Can Work for the Environment and the Economy. World

Resources Institute. Washington, D.C. November, 1992.

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THE CURRENT SYSTEM: ITS STRENGTHS AND WEAKNESSES

Today Federal, State, and local efforts to control environmental deterioration involve a

complex mix of requirements that, taken together, are frequently termed a "command-andcontrol" approach. Typical components of this regulatory structure that was developed mostly

in the 1970s include (1) health- or ecology-based standards that are not supposed to be violated,

(2) technology-based or performance-based standards for discharges to the environment, and (3)

permit approval and enforcement procedures for facilities. Liability assignment and fines can

also be important features.

For example, the Clean Water Act establishes technology-based standards for discharges

to water, provides for water quality standards to ensure that remaining discharges adequately

protect water uses, and provides for permits and enforcement. The Clean Air Act establishes

technology-based or performance-based standards for emissions from new sources, establishes

Federal ambient air quality standards which States must develop plans to meet, and creates

elaborate permitting processes that can result in differential requirements depending on whether

the source is new or old and whether it is located (or would be built) in an area complying with

or violating air quality standards. Various provisions of the 1990 Clean Air Act Amendments,

discussed at several points later in this report, modify the command and control nature of the

Clean Air Act by adding new or expanded market-based policies. The acid rain control title

which authorizes the establishment of a trading system for new limitations on sulfur dioxide

emissions, is the most comprehensive attempt to-date at a market-based solution to a national

environmental problem. In contrast, the Air Toxics title of the 1990 Clean Air Act Amendments

is probably one of the most "command and control" provisions in environmental law calling for

technology standards on almost 200 different toxic chemicals.

For toxic materials, there are some regulatory variations: for hazardous wastes, the Solid

Waste Disposal Act creates a manifest system for tracking wastes from cradle to an approved

grave; for toxic substances generally, the Toxic Substances Control Act establishes procedures

by which EPA can require firms to test chemicals and, depending on the results, EPA can impose

various restrictions on use, handling, disposal, etc.; and for pesticides, the Federal Insecticide,

Fungicide, and Rodenticide Act provides for Federal registration of individual pesticides, with

labels specifying permitted uses and restrictions.

Strengths

The current system of regulations has provided administrators with some assurance that

technically and economically feasible actions are being taken to abate specific pollutants, and

provides a basis for enforcement in cases of noncompliance. Regulation in each of the media

(air, water, and land disposal) attempts to assure that a variety of standards will be met. In some

cases (i.e. water and new stationary air pollution sources), generally uniform technology is

required on a national basis. In other cases (i.e., existing plants for air pollution sources), State

or local requirements must lead to compliance with national environmental quality standards set

by the Federal government.

This mix of technology requirements, performance standards, and ambient standards

provides regulators with a reasonable degree of predictability in how much pollution levels will

be reduced. The regulatory system has also generally protected the competitive positions of

competing facilities by requiring uniform abatement technology across the country for new

CRS-11

facilities (in air), or by industrial class regardless of facility age (in water); for existing plants

emitting air pollution, requirements are related to imperatives imposed by ambient conditions.

Placing strictest controls on new plants has been based on the assumption that it is cheaper

for new sources to incorporate pollution control and that economic growth will result in the

eventual replacement of older, dirtier facilities. Slower growth and structural change in

manufacturing and electric power sectors since the mid-seventies has tended to work against

these initial assumptions. This approach has also increased the incentive to keep old facilities

in operation longer, further weakening the intended environmental benefits of new source

controls.

Current regulatory policies, however, have scored notable successes. Water bodies have

much less organic pollution compared to thirty years ago. Urban air quality in terms of lead,

sulfur dioxide, and particulate matter is much improved today over the late sixties.4

Weaknesses

In spite of notable progress on some fronts, the system enacted during the seventies has

been unable to achieve several mandatory standards and deadlines established in the authorizing

legislation. Nonattainment of ozone and carbon monoxide ambient air quality standards in

dozens of urban areas is a good example and led to substantial new requirements in the Clean Air

Act Amendments of 1990. Similarly, many water bodies still do not approach their mandated

quality objectives. Proponents of change argue that in such cases ambient standards and

deadlines should be tailored to differences in regional conditions. Regardless of the merits of

that argument, critics contend that more flexible market-based approaches could help achieve

statutory goals in a more timely and less costly way.

There are also many emerging problems where traditional command and control

approaches may not be practical at an acceptable cost. Examples include nonpoint source

pollution of surface and ground water; solid waste disposal; and pesticide and toxics buildup in

land, water, and air. Management of some combustion byproducts and other industrial

chemicals affecting global climate change may be the ultimate environmental challenge for

which treatment technologies would be infeasible regardless of the scale of investment and

deployment. A system based on demand restraint (such as taxes) or quantity restraints (credits)

may be more effective and practical for many current environmental management problems than

extending detailed command and control systems.

PRESSURES FOR GREATER USE OF INCENTIVES

Legislators, regulators, industry, and environmental interest groups until the last few years

provided little support for market-based systems as an acceptable option for dealing with the

4

For trend data and references see: Environmental Quality: The Twenty-third Annual

Report of the Council on Environmental Quality. Part II: Environmental Data Trends .

January, 1993. For more specific data see:National Air Quality and Emission Trends Report,

1992. EPA-454/R-93-031. U.S. EPA Office of Air Quality Planning and Standards. October,

1993.

CRS-12

Nation's environmental management problems. In spite of major criticisms, the various interests

involved with environmental protection largely supported the current regulatory system. For

conventional pollutants, at least, it had done an acceptable job of meeting the concerns of equity,

administrative manageability, public sector cost, and enforceability.

Whether the nineties see a dramatic increase in the use of market-based approaches is a

matter of speculation. There are, however, growing forces that may make some types of marketbased techniques more attractive in the context of broader international, national, state, and local

policy needs. Interrelated policy needs that seem to be promoting a convergence of interests

around greater use of market-based alternatives include:

•

Cost, finance, and management effectiveness; i.e. the need to deal with growing

control costs, fiscal pressures, and overuse of some resources and environmental

infrastructure;

•

Indirect mechanisms for complex environmental problems ; i.e.; the need to

find some common ground between strong competing interests in dealing with the

intractability of many environmental problems. (Progress on many environmental

and natural resource problems will require fundamental, equitable, and long term

system and technical changes which may only be possible through indirect changes

in the incentives facing businesses and consumers); and

•

International obligations; i.e. the prominent role the U.S. plays as both an example

of solutions and as a significant contributor to some global environmental threats

placing the U.S. in potentially difficult positions in international treaty and political

negotiations.

All three needs point in the direction of greater use of market-based policies because such

policies tend to be less intrusive economically than reliance on direct regulation.

Cost, Finance, and Management Effectiveness

Given the double bind facing environmental management - the growing complexity of

many environmental problems and rising control costs - the cost-effectiveness with which

programs can be implemented will help determine how much "environmental protection" can be

had for a given level of public and private expenditures. Also, tying environmental management

and protection costs more explicitly to the beneficiaries using environmental resources can both

serve to cover public sector management costs and act as a signal to users to economize on use.

Cost

While improving environmental quality produces both monetary benefits -such as reduced

corrosion of materials - and nonmonetary benefits - such as healthier ecosystems, the only

comprehensive economic accounting of the effects of environmental protection efforts is the

measurement of control expenditures as part of GNP. The Environmental Protection Agency

estimates that in 1990 the Nation spent just over 2% of its GNP on all forms of environmental

CRS-13

protection.5 There is no corresponding national measure of the value of benefits produced from

such expenditures, since many are nonmonetary, extremely difficult to quantify, or masked in

other areas of GNP accounting. Thus the fraction and rate of growth of "nonproductive"

environmental protection expenditures becomes a source of concern to those focusing on the

costs of production and distribution. The EPA projects that these costs could rise close to 3%

of GNP by the year 2000.

Expenditures on environmental protection ultimately affect product prices, wage rates, and

returns on capital. Costs of products and services have gone up as a result of pollution abatement

requirements, and environmental control costs have also contributed to decisions to close

marginal plants, especially during business slumps.6

Direct increases in the cost of doing business are not the only concern, however. By

increasing private sector uncertainty and delay, some regulatory approaches may also contribute

to slower economic growth. It has been argued that regulatory requirements for multiple permits

and the additional delays caused by judicial appeals may slow the introduction of new

technologies and reduce flexibility to adapt to changing business conditions.7

Thus, major extensions of the existing environmental regulatory approach may raise

increasing objections because of the perception of unnecessary costs it may impose. The

challenge is its practicality for managing the environmental quality needs of a technically

complex and growing economy and population.8

Finance

Beyond the question of escalating control costs under traditional regulatory approaches,

persistent Federal and State budget concerns elevate the environmental area as a revenue source.9

5

Environmental Protection Agency. Environmental Investments: The Cost of a Clean

Environment, Report of the Administrator of the EPA to Congress of the U.S. [EPA-230-11-90083] (Washington, D.C.: 1990), Tables 8-18.

6

For a comprehensive discussion of the potential economic effects of various Federal

environmental regulations, see: Rusin, Michael et. al. Managing the Environment: A Review

of Present Programs and Their Goals and Methods . Discussion Paper #057. American

Petroleum Institute. Washington, D.C. February 1989.

7

Denison, Edward F. Explanations of Declining Productivity Growth. Survey of Current

Business. V. 59. August, 1979. p. 10.

8

For a discussion of the tension between environmental and economic policy objectives, see:

Blodgett, John E. U.S. Library of Congress. Congressional Research Service. Economic and

Environmental Policymaking: Two-Stepping to a Waltz. Report No. 93-264ENR.

Washington, D.C., 1993.

9

Oates, Wallace E. Taxing Pollution: An Idea Whose Time has Come. Loc. Cit . and

Repetto, Robert et. al. Green Fees: How a Tax Shift Can Work for the Environment and the

Economy. Loc. Cit.

CRS-14

Two revenue options are possible. One is the fees currently used by States and Federal

agencies to fund environmental programs; i.e., fee for service. The other is the explicit use of

taxes on pollutants or polluting activities. This latter option is discussed in the next chapter. The

concern here is the legal status of fees and taxes in terms of their potential use.10

Fees. Federal and State agencies assess a variety of fees associated with pollution

discharge permits, harmful inputs, or with some waste volumes. Such fees are largely designed

to raise revenue to cover environmental regulation, research, or other related activities such as

restoration. These fees are usually set at levels that do not create incentives for polluters to

modify their operations; in other words, the fees are significantly less than the cost of any actions

the business or consumer can take to avoid paying the assessment.

A 1986 partial survey of States by the Congressional Budget Office found that for air,

water, and hazardous waste permits, only seven States did not use some form of environmental

fee in their regulatory programs.11 States use a wide variety of permit-fee structures including:

uniform fees; fees that vary by size of output of the polluting facility; fees that vary by the type

of facility; fees that vary by the type of permit; fees that vary by the volume of pollution

emissions; fees that vary by the toxicity of the discharge or the type of pollutant; and fees that

vary with the destination of discharge.

At the Federal level, certain types of fees may be set by an administrative agency to cover

regulatory or program costs.12 The legislative authority for agency fees comes from one of

several sources: 1) specific provisions in an authorizing statute; 2) authorization provided in

appropriations legislation; and 3) fee collection authority derived from the Independent Offices

Appropriation Act of 1951. In the latter case, fees cannot in reality be a tax; e.g., they must be

proportional to value or service obtained from the groups subject to the fees. Also, receipts go

to the general fund unless Congress specifies otherwise in authorizations or appropriations

language. These and other restrictions in the 1951 Act are intended to preserve the exclusive

power of Congress to levy taxes and to oversee and limit agency growth not authorized by

Congress.

Taxes. An alternative to fees is taxation of polluting activities or substances. Using

taxation as opposed to fees allows greater flexibility in selecting bases and rates and in using the

tax to raise large amounts of revenue. Taxes, if high enough, will also potentially affect polluting

behavior.

10

One other fiscal option affecting resource and environmental management is below-cost

pricing policies for some publicly-owned resources. While change in these policies has both

environmental and fiscal implications, this report focuses only on the direct use of market-type

mechanisms rather than long standing public sector policies which use resource pricing to foster

economic development or maintain community stability in rural areas.

11

12

U.S. Congressional Budget Office. Environmental Charges. August 1987.

U.S. Congressional Budget Office. The Growth of Federal User Charges. Washington,

D.C. August, 1993.

CRS-15

There are two other important contrasts between environmental taxes and program fees.

First, the only restrictions on environmentally oriented taxes are constitutional considerations of

due process and equal protection. However, the constitutional requirement that Federal taxes be

uniform throughout the United States may have implications for some types of incentive-based

approaches. Another distinction noted by CBO is the basing of taxes on market values (sales,

income, or assets), whereas fees are based on non market actions such as licenses, permits, and

government services.

Management Effectiveness

In some cases, rates of use of certain renewable natural resources may exceed the long term

carrying capacity of the resource base under current authorities, institutional arrangements, and

behavior of vested interests. In other cases, an environmental objective may be very costly to

reach through across-the-board requirements on all actors.

Under these general circumstances, trading of the location or method of compliance often

allows the private sector to respond more quickly at less cost to the economy as a whole. The

mechanism involves public intervention to establish a total constraint on total pollution, resource

use, or on other characteristics. Regulated entities are then allowed to trade the location and

method of compliance to their own economic advantage.

Indirect Mechanisms for Complex Environmental Problems

Increasingly, the environmental degradation affecting air, water, and land are the result of

pervasive activities for which traditional "end of the pipe" technologies or command and control

regulations may be neither affordable nor practical. Toxic substances, CO 2, pesticides, and

nonpoint source water pollution are examples typically cited. These types of degradation are

often linked with growing material standards of living; growing population; and the technology

of everyday agricultural, industrial, transportation, and consumer products and processes.

Although conventional pollutants are also associated with economic and population growth, their

emissions levels can still be further reduced with reasonably available technologies.

The seeming intractability of dealing with toxics and pesticide pollution problems arises

from the sheer number of substances, their volumes and diffusion, and the resources and time

demands for evaluating the safety of each one.13 Evaluation difficulties arise for several reasons:

these substances may be biologically active at extremely low concentrations; some of them may

magnify in the food chain; they may cause diverse, subtle, and delayed effects in the form of

cancer or neurological and gene damage; and they may have the potential for accumulation,

cycling in the food chain, and transformation to more harmful substances in the environment.

Congress has passed several major acts directed at toxic substances and pesticides.

Requirements of these acts include testing and evaluation of relative risks and benefits,

registration, application requirements, and substance tracking. Specific requirements for toxics

13

In contrast to the limited number of conventional pollutants, more than 60,000 chemical

products and 1,200 active pesticide ingredients used in over 35,000 formulations give rise to

potential human and ecological hazards.

CRS-16

include regulations on discharge and disposal methods, liability assignment, and fee-supported

cleanup and insurance funds.

Given the complexity and consequences of toxic and other hazardous substances, few

dispute the need for strengthening and improving regulatory approaches. In spite of progress in

dealing with toxics and pesticides, however, the sheer volume and complexity of these

substances present EPA with an enormous information and management burden, and are

considered possible causes in the major delays in meeting various statutory goals. In total, the

EPA estimates that there are over 650,000 generators of hazardous wastes, a figure which does

not include the pesticides used on over two million farms. Annual disposal of toxic wastes in all

media may be as much as one billion tons.14

The fact that so many businesses and individuals use and dispose of hazardous and toxic

substances suggests that future progress in dealing with this problem may require greater use of

flexible and decentralized approaches. In this context, proponents argue that supplemental

market-oriented approaches, such as taxes or deposits and refunds, may be worth considering.

These would provide incentives to reduce the volumes of hazardous products, to encourage

recycling and proper disposal, or ultimately to design less harmful products.

Nonpoint source contamination of surface and groundwater presents similar problems.

Diffuse urban and rural sources of organics, sediment, toxic chemicals, pesticides, and other

contaminants contribute an estimated fifty percent of remaining surface water pollution loadings;

and the dispersed land disposal of wastes and use of agrichemicals pose problems of groundwater

contamination as well. Education on best management practices can help reduce these problems,

but the practicality of technical controls is limited and extending strict regulatory approaches

would present enormous enforcement costs, and problems of political acceptability. Often the

polluting activity or substance is a small part of operational cost but yields large financial returns.

Cases in point include nitrogen fertilizers and many pesticides used in agriculture. Liberal

application of these substances may seem wasteful and is ultimately harmful to the environment,

but to use them more precisely seldom makes sense financially to individuals and businesses.

At current prices and with current technology, wiser use, in an environmental sense, may require

too much management, labor, and information. Again in this context, proponents of new

directions often propose fees or taxes on these substances to help modify individual business and

consumer behavior.

Perhaps the most complex environmental challenge is the role combustion byproducts and

other man-made substances may be playing in global climate modification. Although this topic

is fraught with major uncertainties, proponents of accelerating government actions typically call

for a range of incentive-oriented approaches, including both taxes and trading of the location of

controls

International Obligations

The United States along with other members of the international community have created

or are creating treaty mechanisms to begin efforts to cope with perceived global environmental

14

Office of Technology Assessment. From Pollution to Prevention: A Progress Report

on Waste Reduction. Washington, D.C. U.S. Government Printing Office. 1987. p. 19

CRS-17

threats. These threats to long term environmental quality include loss of species diversity and

habitat, loss of forested areas, atmospheric changes (greenhouse gas buildup and stratospheric

ozone depletion), and growing depletion of ocean and terrestrial wildlife resources shared among

nations.

Part of this growing international imperative is an increasing emphasis on the concept of

"sustainable development." Though ill-defined, it symbolizes the longer term norms proponents

of change seek in technology, institutions, and economic systems in order to move toward a

complementary relationship between human use of the environment on the one hand and

maintenance of life support systems and biological richness on the other.

Given this international context, the U.S. is in a somewhat unique and difficult diplomatic

position. As a world leader, we have often been on the forefront of environmental treaties to

protect the common world interest, the case in point being stratospheric ozone protection. On

the other hand, we are also a significant contributor to some of the long term negative

environmental trends because of the relative size of our economy and our extensive use of fossil

fuels. Thus our stake in the methods proposed for long term changes is indeed large. For that

reason, market-based options which typically provide flexibility and decentralized response, are

often proposed as a less intrusive way to meet potential obligations to future international

agreements.

CURRENT AND PROPOSED APPROACHES

In the mid-seventies, Federal and State agencies began using some incentive-type

strategies, primarily as mechanisms to support the basic "command-and-control" requirements.

Though limited in scope, these strategies typically involve trading of allowed air emissions

among sources through offsets, netting, or bubble arrangements. Other examples include the

noncompliance penalties in the Clean Air Act. The sulfur dioxide allowance trading system in

the 1990 Clean Air Act Amendments builds on this earlier experience.

Legislative proposals in the current and recent Congresses for incentive or market-based

policy tools are outgrowths of these earlier refinements to environmental regulations. Proposals,

in reauthorization efforts for the Clean Water Act and the Resource Conservation and Recovery

Act, for pollution charges or tradeable recycled materials credits are examples. A number of bills

directed at committing the United States to actions to slow emissions of greenhouse gases have

included market-based approaches such as a carbon tax or various forms of carbon dioxide

emissions trading.

Current Examples

At the Federal level, statutory authorities and regulatory implementation in a few areas now

incorporate market-based approaches. Table 1 based on a recent EPA report summarizes the

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variety of mechanisms currently operational or authorized by recent changes in the law.15 EPA

groups current examples under the following headings:

•

•

•

•

•

Fees, Charges, and Taxes;

Deposit-Refund Systems;

Trading Systems;

Emissions Averaging;

Others such as information provision and liability assignment.

States and the Federal government rely to varying degrees on permit and other fees as a

revenue source for environmental programs and related activities. While these fees typically

have not been sufficiently large to provide incentives to modify polluting activities, their use

raises the possibilities of future extension to more incentive-oriented environmental charges.

Indeed, the Clean Air Act Amendments include authorization in cases of future noncompliance

for permit fees that may exceed the incremental cost of abatement. A few examples of fees at

the State level include New York's fee system for hazardous waste disposal, Iowa's nonpoint

source fee on pesticides, fees under the State and Federal Superfunds, and State oil spill funds.

Other innovations at the State/local level include making the incremental cost of environmental

services more explicit to the user. Charging on a per-bag basis for municipal trash collection is

one example. Volume or time-differentiated water or sewer charges are another.

Refundable deposits for beverage containers and for lead acid batteries are now being used

in several States to reduce litter and disposal problems. Deposit-refund systems have also been

proposed for certain toxic and hazardous substances management.

Trading systems have become a feature of environmental policy at all levels of government.

For example, the 1990 Amendments to the Clean Air Act addressed the

15

Carlin, Alan. The United States Experience with Economic Incentives to Control

Environmental Pollution. United States Environmental Protection Agency. 230-R-92-OO1.

Washington, D.C. July, 1992.

CRS-19

TABLE 1. CURRENT MARKET-TYPE MECHANISMS IN OPERATION

FEES, CHARGES AND TAXES

Permit Fees

•

National Pollution Discharge Elimination System -- State permit system for water pollution discharges under

the 1972 Federal Water Pollution Control Act. Some States differentiate fees based on volume and toxicity

of effluent.

•

Publicly-Owned Sewage Treatment Plant User fees -- Charges on industrial facilities and households

discharging into their systems. Fees may have some effect on large industrial dischargers.

•

Municipal Solid Waste Disposal Charges -- At least 2,000 jurisdictions base charges on volume. In addition,

most private collectors impose volume-based charges.

•

Air Emission Fees ---

State permit fees for administrative costs with California highest in the Nation at $300-$600 per ton of

pollutant. Even these rates are below incremental control costs.

--

Federal Nonattainment Area Fees under the Clean Air Act Amendments. Some provisions allow

recovery of administrative costs over a 20 year period. Failure to achieve reduction of excess emissions

in extreme ozone nonattainment areas will subject stationary sources to a $5,000 per ton (adjusted for

inflation) annual fee for each ton of volatile organic compound emitted. Fees in the form of highway

tolls are also allowed to reduce pollution and congestion.

•

•

•

Industrial Solid and Hazardous Waste Charges -- Private waste disposal firms charge based on the

number of containers emptied and content.

Product Charges ---

Fertilizer taxes by States to help pay for programs for environmental protection and research.

--

Automobile Tire Taxes -- State and county taxes with revenue marked for used tire recycling and

disposal.

--

Motor Oil Taxes -- Rhode Island imposes a fee earmarked for used oil collection costs.

--

Superfund Feedstock Taxes on domestic crude oil production, crude oil and petroleum product imports,

and petrochemical feedstocks to finance in part program costs.

--

Chlorofluorocarbon taxes under the Budget Reconciliation Act of 1989 to accelerate reduction in the use

of ozone-depleting chemicals.

Wetland Compensation Fees -- Maryland and New Jersey allow payments for unavoidable wetlands loss with

proceeds available for wetland enhancement and restoration.

CRS-20

TABLE I (continued)

DEPOSIT-REFUND SYSTEMS

•

Beverage Container Deposits in 10 States resulting in sharp reduction in litter.

•

Battery Deposits required in at least 10 States. A $5 to $10 deposit at point of sale is required and deposits

are refundable if an old battery is returned within a specified period. In addition, retailers increasingly are

using deposits to insure that used batteries are returned in jurisdictions without formal deposit legislation.

•

Pesticide container deposits required by Maine to promote triple rinsing and return of commercial containers.

TRADING SYSTEMS

Inter-Firm Non-Approval Trading

•

Acid Rain Allowance Trading under Title IV of the 1990 Clean Air Act Amendments -- Allowing coal

burning utilities to trade the location and method of SO2 reductions mandated by the law.

•

Oxygenated Gasoline Credit Program under Title II of the Clean Air Act Amendments -- Requires gasoline

in certain cities to contain 2% oxygen and allows refiners, blenders or importers who produce greater than 2%

oxygenated gasoline to sell credits to refiners who are unable to meet the 2% requirement. Only the

Philadelphia region has established a trading program, and activity has been minimal to date.

•

Low Emission Vehicle Credit Program under the 1990 CAAA -- Authorizes California to offer marketable

credits to auto manufacturers that sell more low emission vehicles than are required under the pilot test

program for clean-fuel vehicles and alternative fuels.

•

Chlorofluorocarbon Production Allowance Trading -- In response to the 1988 Montreal Protocol and the 1990

CAAA on phaseout of CFCs, EPA established rules apportioning baseline allowances, providing for gradual

reduction in allowances and permitting the transfer of allowances among firms.

•

Lead trading as part of the last part of lead phaseout in gasoline -- Refiners that removed greater amounts of

lead than were required could trade credits to those who were above the limit.

•

Transferable Development Rights -- Whereby local jurisdictions downzone environmentally sensitive areas

and then require areas of higher land use density to purchase development rights from the downzoned area.

Examples include Montgomery and Talbot Counties, Maryland and the Pinelands, New Jersey.

•

Fireplace and Wood Stove Permit Trading -- To reduce particulate matter and carbon monoxide. This

program to reduce local air pollution in Teluride, Colorado uses a combination of performance standards for

existing stoves, a time-limited $750 rebate for conversion to natural gas, and a ban on fireplaces in new

construction unless the developer bought two permits surrendered by existing users.

CRS-21

TABLE I (continued)

Inter-Firm Approval Trading

Air Emission Rights

•

Trading of Air Emissions Rights (EPA) -- Bubbles allowing firms to treat multiple emission points as one

source for control purposes.

•

Offsets (EPA) -- Allowing new plants locating in an area that violates air quality standards to buy reduction

in emissions to insure that air quality does not deteriorate.

•

Banking (EPA) -- Allows saving or banking of emission reduction credits for later use or sale.

•

Netting (EPA) -- Allows plant expansion that avoids stricter, new source standards so long as plant wide

emissions do not increase significantly.

Water Effluent Reduction Trading

•

Wisconsin -- Allowing industrial plants that reduce biological oxygen demand below the standards to trade

the excess reductions to other sources.

•

Dillon Reservoir, Colorado -- Allowing high cost point sources of nutrients discharge to the reservoir to buy

lower cost reductions from nonpoint sources.

•

Cherry Creek Reservoir, Colorado -- Allows publicly-owned wastewater treatment plants to earn reduction

credits by purchasing control of nonpoint phosphorous discharges after these sources have made reduction

of 50% on their own.

•

Tar Pemlico Basin, North Carolina -- The State sets an overall limit on nitrogen and phosphorous effluent with

the possibility of charges for failure by effluent sources to meet short-term goals. In the long-term, lower

discharge limits will probably be imposed through control of nonpoint sources. Dischargers are creating a

fund to pay for nonpoint source control.

•

Steel Industry Effluent Bubble (EPA) -- Allowing steel plants to treat multiple sources in one treatment

system.

•

Wetland Mitigation Banking (U.S. Fish and Wildlife Service) -- Involving creation of new wetlands and

mitigation credits available to developers to meet State-imposed mitigation requirements.

EMISSIONS AVERAGING

This is equivalent to emissions trading within a plant or firm and is used to meet Reasonably Available Control

Technology (RACT) standards. Examples include RACT requirements, Heavy Duty Truck Engine Emissions, California

Motor Fuel Characteristics, and Hazardous Air Pollutants Early Reduction Program.

OTHER METHODS

Several other methods using incentives and other market conditioning techniques have been implemented in recent

years. These include traditional inducements to change behavior or operations such as tax concessions or subsidies;

assignment of liability for prescribed categories of damages or negligence; and the provision of information on risks,

product characteristics, or other operational or site data that facilitates or improves business and consumer decision

making.

Source: U.S. Environmental Protection Agency. The United States Experience with Economic Incentives to Control

Environmental Pollution. 230-R-92-001. July 1992.

CRS-22

acid rain problem by giving new authority to EPA to use a market-based approach for achieving

targeted reductions in sulfur dioxide emissions. The Amendments authorized EPA to establish

a nationwide system for trading the location of sulfur dioxide (SO2) reductions among emission

sources with differing reduction costs. This innovation may have the effect of lowering the long

run compliance costs of electric utilities in meeting legislated targets for reductions in SO2. At

the regulatory level, EPA has since the late seventies allowed various forms of air emission

trading for stationary sources within narrowly prescribed circumstances. EPA also implemented

a credit trading program to ease the transitional costs for refiners in phasing out lead in gasoline

during the 1980s. The goal in all of these cases has been to help reduce the cost to industry of

meeting environmental standards.

State and regional-level innovations have often been within implementation responsibilities

under Federal environmental statutes such as the Clean Air Act. For example, the South Coast

Air Quality Management District in California used a negotiated rule-making process to

introduce emission trading between facilities as a cost-effective way to reduce the costs of

meeting strict health-based ozone standards. In other examples, States have implemented plans

and trading programs, but limited trading has occurred to date. These include two watersheds

in Colorado to reduce future nonpoint source problems and Wisconsin's Fox River waste load

allocation program to attain regional water quality goals. North Carolina also has a similar

mechanism in place for one river system. Locally, communities have applied trading as a way

to reduce pollution from excessive fireplace use in Colorado, for example.

As indicated in the table, other mechanisms include emissions averaging, plants or firms

can average overall emissions to meet a standard; liability assignment in which findings of

damages to third parties carry specified financial compensation; the provision of various types

of information to improve knowledge of risks, both for consumer and business decision making;

and the use of subsidies or tax concessions to induce changes in operation or behavior deemed

to be in the public interest.

Some other types of incentive programs in operation also bear on environmental quality.

For example, at the Federal level, the schedule of fees imposed on continued ocean dumping

after 1991 and the economic-based noncompliance penalties under the Clean Air Act both serve

as incentives to meet environmental standards.

Proposals for Change

While academic economists have long been the major proponents of market-oriented

changes in environmental regulation, these concepts are now actively debated by many in the

policy arena. For example, Table 2 presents some of the types of recent proposals including

those based mainly on two projects sponsored by Senator Wirth and the late Senator Heinz which

CRS-23

have been a focal point for further studies and debate.16 Generic and specific examples of the

various mechanisms in Table 2 are discussed in subsequent sections.

As the table suggests, many of the proposals for greater use of market-based mechanisms

focus on tradeable overcontrol or overperformance on some form of management objective. The

other recurring theme is the more direct use of taxes on polluting activities or products, such as

the Btu tax initially included in the Administration's plan for reducing the Federal budget deficit.

ADVANTAGES: POTENTIAL COST SAVINGS AND INNOVATION

Proponents of decentralized or market-based policies cite the potential cost savings and

efficiency of these alternatives. The general argument is that systems of environmental

regulation which allow flexible responses, or abatement trading among sources with differing

reduction costs, save money. Proponents see such alternatives as both a supplement to traditional

regulatory approaches and as a cost-effective way of attacking emerging problems.

Although proponents talk about market or incentive approaches to environmental

protection, this does not imply markets in the form of daily price quotes and frequent exchanges

of products or property. Rather, proposed approaches would act to increase the flexibility of

meeting environmental or resource management objectives (usually limitations on total pollution

over some broader geographic area) through greater latitude in when, where, and how

adjustments in technology, fuel, materials, or rates of resource use are implemented.

The hoped for objective is less costly management of environmental quality and natural

resources than can be done by trying to extend traditional regulatory methods. In essence, these

types of mechanisms help to focus decision making by making the cost of environmental

management more explicit to both businesses and consumers. This in turn creates reasons to be

innovative to make the cost of compliance as low as possible, thus rationing the absorptive

capacity of the environment similar to the way markets serve to ration any scarce good or service

through the price mechanism.

For the major market-based tools, taxes and tradeable overcontrol of pollution or other

standards, cost savings to society may result for two related reasons. First, flexibility in method,

location, degree of abatement, and contracting arrangements within the regulated community can

lead to less resources expended to meet environmental management objectives. Control is

concentrated at the most cost-effective locations as a result of self-interested trading among the

regulated community, assuming that local environmental standards are met. Second, with both

taxes and tradeable overcontrol, a continuing motivation exists to innovate to avoid the taxes or

create overcontrol that can be sold. If this type of incentive remains a constant and predictable

part of the business or consumer environment, and there are few, if any restraints on how

16

Project 88 -- Round II, Incentives for Action: Designing Market-Based Environmental

Strategies. A Public Policy Study sponsored by Senator Timothy E. Wirth, Colorado and

Senator John Heinz, Pennsylvania. Washington, D.C. May 1991. See also the earlier version

of this report sponsored by the same Senators - Project 88, Harnessing Market Forces to

Protect our Environment: Initiatives for the New President. A Public Policy Study. John F.

Kennedy School of Government, Harvard University. Cambridge, MA. December, 1988.

CRS-24

compliance is achieved, then, proponents argue, longer term cost savings are likely through

innovation and substitution compared to the stereotypical command and control system.

While total cost to society for meeting environmental standards can be less in theory, under

some market-based options total industry compliance costs can be much higher, since regulated

entities must not only pay to use the waste disposal capacity of the environment (through

purchased permits or pollution taxes), but also pay for any abatement they undertake to avoid

taxes or the need to buy overcontrol from somebody else. While expenditures on taxes or

overcontrol are considered transfers within society not affecting the real resource cost of

compliance, they raise the direct compliance cost to industry. Opposition by industry to such

mechanisms, is in part, based on this type of concern.

CRS-25

TABLE 2. PROPOSALS FOR MARKET-BASED ENVIRONMENTAL PROTECTION

ENVIRONMENTAL PROBLEM

MARKET-TYPE PROPOSALS

Air Pollution

Major Stationary Urban Sources

Mobile Sources

Radon(indoor air pollution)

Comprehensive Tradable Permits

•

requires baseline inventory

•

special credit for previous reductions

•

progressive reduction in permit amounts

•

fines exceeding market value of permits

Taxes and Emissions Charges

•

taxes on low-mileage cars

•

charges for automobile use

•

tax on gasoline

Mandatory Information

•

require certification of radon "free" status of house to

qualify for FHA financing

Water

Point Source

Watershed Limitations

•

tradable permits -- similar to air programs

Nonpoint Source

Surface

Groundwater

Pesticides

Point-Nonpoint Source Swaps

•

Point sources buy reductions in nonpoint sources in

order to meet water quality goals (two for one exchange

to assure actual reductions)

•

directed toward nitrogen and phosphorus loadings

Broaden Conservation Reserve Program

Conservation Easements

•

swap farm debt for use restrictions

Taxes on most damaging products

CRS-26

TABLE 2 (continued)

ENVIRONMENTAL PROBLEM

MARKET-TYPE PROPOSALS

Municipal Wastes

Recycling Targets and Tradeable Credits

•

Establish recycling content regulations and allow purchase

or sale of over compliance/under compliance between firms.

Unit Pricing

•

Charge by volume of residential waste

Retail Disposal Charges

•

Surcharges on sale of goods to reflect disposal costs

Virgin Materials Charges

•

Charges on virgin materials to reflect eventual disposal costs

and stimulate use of secondary (recycled) materials

Hazardous Substances

Toxics

Deposit and Refund System on

Containerizable Hazardous Wastes

Greenhouse Effect

New-Major C02 Sources

Offset Policy where New Sources Buy Comparable reductions in CO2

•

from energy conservation

•

from plant retirement

•

from mass transit investments

•

from reforestation joint ventures

Taxes on Major Sources of Carbon Emissions

•

Carbon tax

•

Btu tax

•

Gasoline tax

Deforestation Mitigation

•

from Conservation Reserve Program

•

from international forest for debt swaps

CRS-27

Studies of Cost Saving Potentials

Several earlier studies have looked at this theoretical potential for less costly abatement

approaches through market-based approaches, mainly permit trading.17,18,19 In almost all cases,

these estimates are achieved from simulation models in which current regulations and past

abatement expenditures are not considered. As such, these types of studies will overstate what

might actually be saved from the use of permit trading starting from conditions and regulations

as they currently exist. For example, an earlier survey of several region-specific case studies

suggests that the cost of attaining air quality standards might have been reduced in the range of

fifty percent between 1981 and 1990 if least-cost control had been achieved through

unconstrained emissions trading. 20 This would have amounted to tens of billions in savings.

Hester and Hahn, on the other hand, suggest that savings from the current air emissions trading

program have been a few billion.21

In looking at theoretical or simulation type studies, the extent to which regulatory

constraints on local environmental quality have been excluded from the analysis must also be

considered when evaluating potential savings from emissions trading; that is, if dirty high-cost

facilities would not be allowed to violate local quality standards even if total regional pollution

could be reduced more cheaply through some form of trade, then theoretical savings will be

diminished. In addition, the regulatory approaches may promote values other than costeffectiveness, such as equity and energy policy considerations, among others.

This potential for major cost savings underlying most of the modelling studies is due to the

often large differences in pollution control costs among sources. These potential cost variations

among similar sources are the result of differences in scale, age, technology, cost and ease of

substituting inputs, management practices, and location, among other factors. For example,

studies show that average cost effectiveness across control measures for volatile organic

compounds (VOCs) may range from about $500 per ton for limits on fuel volatility to about

17

United States General Accounting Office. A Market Approach to Air Pollution Control

Could Reduce Compliance Costs Without Jeopardizing Clean Air Goals. PAD-82-15.

March, 1982.

18

ICF Resources Incorporated. Economic, Environmental, and Coal Market Impacts of

SO2 Emissions Trading Under Alternative Acid Rain Control Proposals. Prepared for the

U.S. Environmental Protection Agency and the U.S. Department of the Interior by ICF Resources

Inc. March, 1989.

19

Hahn, Robert W. and Hester, Gordon L. Where Did All the Markets Go? An Analysis of

EPA's Emissions Trading Program . Yale Journal on Regulation. Vol. 6, Winter 1989.

pp.109-153

20

Tietenberg, T. Emissions Trading: An Exercise in Reforming Public Policy. Resources

for the Future. Washington, D.C. pp. 42-43.

21

Hahn and Hester. Loc. Cit. p. 63.

CRS-28

$39,000 per ton for using methanol.22 Typical control costs for VOCs are in the range of $1,000

to $7,000 per ton. Other types of pollutants may have less extreme, but none the less significant,

differences in incremental reduction costs. For example, a series of water pollution control

studies suggested potential saving with least-cost approaches of 20 to 70 percent compared to

equal-proportional treatment of pollution sources.23

Even though major cost variations may hold promise for more cost-effective pollution

control, realizing the savings may not always be practical using extensions of the current system.

For example, most large, low cost sources of pollution abatement are already making pollution

reductions under current regulations. Many of the remaining sources with low incremental

reduction costs may be small individual contributors. Such small activities probably cannot bear

the cost of expensive control technology, but could reduce emissions through changes in

management practices or other operational adjustments. Applying market-based approaches to

these types of problems, however, may involve approaches that are not likely to be

administratively practical, such as taxing inputs or complex polluting byproducts. The latter

implies a very high degree of monitoring or self reporting, both of which have drawbacks.

Another consideration is the stringency of control necessary to achieve environmental

standards. In an area with significant violations of environmental standards (e.g., air in Los

Angeles), virtually every significant pollution source of ozone precursors and of carbon

monoxide may require maximum feasible reductions if ambient standards are to be approached.

Under these circumstances, market-based approaches may reduce inefficiencies in timing and

location of controls, facilitating the implementation of strict standards and reducing indirect

costs, but not appreciably affect total costs.24

A Stimulus for Innovation

Incentive-based approaches may promote lower cost abatement where existing sources of

environmental degradation are required to make major changes. However, a more subtle, but

equally relevant point is the stimulus that market signals can provide for long-term innovations

that might change entire pollution generating products and activities. Incentive systems also

offer important flexibility in timing, important to private sector investment decision-making.

While it has not been demonstrated that current regulatory systems inhibit innovation and

technical advance in environmental protection, proponents argue that incentive systems reduce

the risk that such inhibition will occur. For example, most current environmental regulation is

directed to the removal or transformation of pollutants from industrial, municipal, and mobile

sources or to the control of harmful products entering the environment such as pesticides and

toxics. Solutions to environmental management problems consequently tend to focus on "end

of the pipe" treatment technologies and on disposal practices.25

22

Office of Technology Assessment. Urban Ozone and the Clean Air Act: Problems and

Proposals for Change. April 1989. Washington, D.C. pp. 106-108.

23

Tietenberg, T.H. Op. Cit., p. 46.

24

Tietenberg, T.H. Op. Cit., pp. 45-47.

25

Although the use of "best available control technology" and new source performance

(continued...)

CRS-29

This is not to say that current regulatory systems do not create pressures for cleaning-up

as well as avoiding polluting activities. Adjustments in internal combustion engine technology

along with installation of catalytic converters is a case in point.

The costs of meeting permit conditions, engaging in possible litigation, or paying fines do

provide indirect incentives to engage in avoidance strategies that may reduce pollution.

However, these types of adjustments to regulatory requirements are often in the form of delay,

uncertainty, transactions costs, shutdowns, and decisions that may later prove to be inadequate

or misguided. Where avoidance of regulatory burdens takes a positive form, it may be through

adjusting production processes, changing product lines or inputs, or taking other pollution

reducing activities.

Proponents of incentive systems argue that cost signals should be more explicitly focused

on the polluting substance or activity if we want to do a better job of long-run environmental

management. They argue that there may be any number of ways of reducing the level of

pollutants ultimately reaching environmental media. Having the incentives and flexibility to be

able to choose how and where to make changes can reduce the need for costly removal

technologies. For example, if the impacts on employment in vulnerable segments of the highsulfur coal industry were ignored, an unrestrained incentive-based system would likely lead to

large scale shifting to low sulfur coal. This would be a market-based outcome, since using lowsulfur coal is generally a much less expensive option than installing scrubbers.26 In passing the

acid rain portion of the 1990 Clean Air Act Amendments, however, Congress chose to design

the sulfur dioxide allowance trading system in way that gives some incentives to use scrubbers

that may give some protection to high sulfur coal miners, while still creating the most potentially

comprehensive market-based approach to date.

CHALLENGES TO IMPLEMENTATION

The preceding alludes to some of the institutional challenges in implementing market-based

systems. General concerns include political acceptability, geographical equity, and practicability.

In particular, affected parties may be very reluctant to accept incentive approaches. There are,

moreover, several specific and interrelated policy concerns that accompany proposals for

incentive-oriented policies.

Specific problems include lack of certainty in attaining environmental goals; third party and

local environmental compliance; measurement and monitoring costs; boundary inequities;

institutional capability and authority; market imperfections; compliance versus abatement costs;

complexity in pollution sources; and cross-media effects.

25

(...continued)

standards were supposed to encourage and even "force" new technology.

26

See for example: 1) Streets, David G. and Veselka, Thomas D. Economic Incentives for

the Reduction of Sulfur Dioxide Emissions. Energy Systems and Policy. Vol. 11, pp. 39-59,

1987. 2) Harrington, Winston. Breaking the Deadlock on Acid Rain Control. Resources. Fall,

1988. Resources for the Future. Washington, D.C.

CRS-30

The various incentive approaches discussed in the next chapter are subject in varying

degrees to these specific policy problems. Also, the current command and control system

confronts many of the same concerns.

Uncertainty in Meeting Environmental Goals

Raising the cost of polluting activities or products through charges or taxes can be expected

to lead to reduced pollution levels over some difficult to predict time period. This will happen

so long as the costs of reduction for some businesses or consumers are less than the charges

associated with the polluting activity. However, in a complex economy, it is difficult to predict

accurately how much reduction will occur, how fast it will occur, and what combination of short

and long run alternatives the private sector may use to make reductions.

Thus, if regulators were to add incentive-oriented modifications to current regulatory

systems, the resulting pace of improvement toward environmental goals or standards might or

might not be considered acceptable. Proponents believe that charge adjustments could fine tune

these systems based on initial response. However, frequent changes to adjust the incentive

structure would doubtless lead to criticisms similar to those made of the current system where

numerous changes make private sector response more difficult and inefficient. A further

complication arises if incentive fees also serve to finance the regulatory program. If successful

in reducing the polluting activity, the financing base would be reduced.

Tradeable permits may offer regulators an incentive option with less uncertainty than taxes

or fees. Since permits are for a fixed amount of pollution or other compliance goal, enforcing

compliance with the permit terms should, in total, meet specified standards.

Uncertainty would also affect the private sector's response. If permit conditions and

amounts were not firm or were subject to future change, trading and markets would be retarded.

Similarly, lengthy processes, hearings, intervention points, and possibilities of lawsuits typically

retard or eliminate potentials for cost-saving exchanges.

Third Party Effects and Local Environmental Compliance

Any market-based approach that would result in the shifting of pollution location or in the

potential introduction of unpredictability in regional environmental conditions would require

explicit safeguards. That is, for example, if waste water discharges were transferred between two

different locations as part of permit trading, safeguards would be needed to protect the interests

of persons living along or using the water affected. If various types of interregional emissions

trading are allowed, safeguards would be needed to assure that applicable local environmental

standards continued to be met. Hence, even a market-based system requires a regulatory

framework in order to function and thus is supplemental to such command and control

requirements.

Moral Opposition to Local Changes in Pollution

Closely related to the above, some environmental groups have opposed market approaches

on the grounds that any potentially damaging emissions should be eliminated. Thus there

shouldn't be a "right" to pollute which can be bought or sold. They argue that if it is possible to

reduce emissions at a given source, the source should not be allowed to buy emission rights from

some other source located in a different area, since the local area would continue to bear

CRS-31

avoidable pollution. On the other hand, regulations give one the "right" to pollute also by

meeting the given standard.

Measurement and Monitoring

A major technical and cost challenge for greater reliance on incentives is monitoring of

compliance, particularly for the cases of tradeable permits and less so for taxes on effluents or

emissions. By focusing on performance rather than on what hardware a company has installed,

enforcement difficulties increase.

Systems of monitoring are both necessary and likely to be more complex and expensive

than for a performance- or technology-based approach. With the latter, regulators know

approximately what abatement levels are being achieved and where. To actually measure

pollution levels from specific sources in order to impose charges requires regular monitoring or

self-reporting with periodic verification. For air emissions, for example, most sources do not

have continuous emissions monitoring, nor are all potentially controlled pollutants monitored.

Such monitoring is only required on new sources and coal burning utilities for sulfur dioxide

control purposes. For existing sources, compliance is generally determined by ambient

concentrations as measured by ground monitors. Individual stack monitors would be imperative

to comprehensively monitor compliance with an emissions tax or for systems of potentially

widely-traded emissions. For the SO 2 allowance trading system under the Clean Air Act

Amendments, continuous emissions monitoring is a requirement.

On the other hand, taxes on inputs (such as carbon content of coal) do not require any

extensive monitoring or administrative systems.

Complexity Of Nonconventional Pollutants

The complexity of nonconventional pollutants (i.e., toxics, pesticides, etc.) as well as the

complexity of their sources likely renders tax or charge systems for other than revenue purposes

an extreme challenge in most situations, since authorities would have to set charges for and

monitor a vast number of pollutants and sources. Taxing substances on the input side presents

fewer problems, particularly since companies would normally have transaction data on which

to base charges. For example, proposals for reauthorization of the Clean Water Act include

charges on certain types of toxic chemicals based on a rating of their degree of toxicity.

Institutional Capability and Authority

As stated above, the Federal government has the potential legal authority to use taxes as

a policy tool for influencing private-sector behavior. Some environmental statutes, specifically

the recently amended Clean Air Act, and less so the Clean Water Act, also contain varying

degrees of encouragement or limitations on use of market-type approaches. Beyond the legal

question, Federal, State, and local governments would likely require additional resources,

experience, and capabilities to structure, manage, and enforce certain types of market-based

approaches.

Specifically, capabilities would be needed to structure and facilitate market-type

transactions while avoiding the chilling effect of excessive regulations, oversight, and third party

intervention. Monitoring systems, inter jurisdictional coordination, enforcement authority and

capability, technical analytic staffs, among other resources would be important in supporting less

centralized, market-oriented management systems.

CRS-32

Market Imperfections

The potential for trading overcontrol of pollution or credits to facilitate environmental

management requires well organized markets for trading. If buyers and sellers are few,

information is limited, property rights are not well-defined, transaction rules are cumbersome and

time-consuming, if the public can intervene at multiple points in the decision process, or a few

large organizations can manipulate availability and price of permits, then the potential for trading

is unlikely to be realized or to improve environmental management.

Thus, for pollution or credit trading programs, information and exchange mechanisms

(public or private) would need to evolve quickly to help bring interested parties together. In

many situations, responsible agencies would have to have the capability to monitor market

development and to deal with possible problems of market dominance by very large

organizations or other serious noncompetitive actions.

Regional Definitions and Boundaries

A difficult problem for many of the incentive options is inequities at jurisdictional

boundaries, though this problem also holds for many current environmental regulations. For

example, if input taxes on polluting substances were used, strong incentives exist for avoiding

the cost by doing business in neighboring jurisdictions not using similar programs. Differences

in administrative and legal requirements across jurisdictional lines may also reduce the appeal

and potentials of some of these approaches.

Compliance Versus Abatement Costs

One of the major concerns with some of these approaches is the cost burden on companies.

Systems that involve government auctioning of tradeable permits or payment of effluent charges

particularly raise this problem.

While auction of permits or pollution taxes theoretically achieve the least cost allocation

of pollution abatement expenditures, companies would also pay for the market costs of permits

or pay pollution charges on unabated pollution. This money is paid to the government and is

considered a transfer within society from a social or economic perspective. However, for

companies the combination of spending on pollution abatement as well as permits or effluent

taxes is usually more costly than meeting the requirements for uniform treatment

Understandably, options having this result are vigorously opposed by industry.

Cross-Media Effects

Raising the cost of one means of waste disposal or disposal of one particular pollutant can

often result in diversion of pollutants to other untaxed or uncontrolled environmental media. As

with current regulatory systems, anything less than a comprehensive approach, particularly with

toxic or hazardous substances, invites diversion to other media or even illegal dumping.

CRS-33

INSTITUTIONAL CONSIDERATIONS IN IMPLEMENTATION

The beginning of market-based approaches to environmental protection in the United States

is accompanied by a growing number of proposals for greater use of these types of policy tools.

Such options are now solidly on the environmental agenda, even though they face significant

institutional and practical obstacles to early or easy application. The challenge to adoption of

such techniques is the extent to which these mechanisms can be at odds with other important

imperatives, authorities, jurisdictions, and practical implementation and management needs.

THE ROLE FOR MARKET APPROACHES IN A REGULATORY CONTEXT

The extent to which market-based mechanisms might ultimately become a major feature

of environmental management policy is subject to a wide range of debate. Such mechanisms do,

however, offer a pragmatic vehicle for accomplishing several things effectively, either as a

supplement to prescriptive regulatory systems or as freestanding systems. These systems offer

at least the following general features which can allow for incremental refinements in existing

environment and resource management systems:

•

Regulatory Efficiencies - Introduction of flexibility in meeting some facility emission

standards or regional ambient quality standards resulting in lower direct compliance

costs or lower indirect costs due to a less cumbersome compliance process;

•

Phase out or Phase Down Mechanisms - Introduction of flexibility and cost savings

in meeting a national or regional pollution constraint where trading of emission

sources does not create local violation of health-based standards;

•

A Way for Internalizing External Costs - Signalling a societal desire for reduction in

the overall consumption of environmentally damaging substances or activities by

raising their costs to the user in situations where other forms of environmental control

are impractical, too costly, less effective, or counter to other values such as individual

freedoms. Taxing cigarettes or alcohol are cases in point at a personal level. Part of

the motivation for a gasoline tax seems to fall in this category.

Not unrelated to these features is the potential for revenue to pay for environmental

protection efforts or to serve other fiscal needs.

The possibilities for less costly or more effective environmental management from adopting

these types of innovations are widely argued and illustrated in academic and other policy

literature. What is less often examined are the issues for implementation within both the

legislative process and the institutional constraints of the Federal system. This section looks at

general implementation issues for three generic approaches and their variations. It also briefly

reviews other market- conditioning mechanisms such as information requirements, liability

assignment, best management practices, and pricing polices.

The approaches include:

1)

Taxing pollution, polluting activities, or polluting inputs;

CRS-34

2)

Allowing businesses to trade a set amount of pollution or other constraint on business

activity (a fixed amount of sulfur dioxide emissions, recycled paper content in

newsprint, etc.) among themselves in order to achieve gains from trade and thus

achieve lower compliance costs;

3)

Using a deposit-refund mechanism to create incentives to recycle or properly dispose

of containers, and some hazardous substances or contaminated equipment;

4)

Changing how individuals and businesses approach market transactions that may

affect the environment by increasing available information, by internalizing risks

through liability assignment, by pricing policies, and by means such as contracts or

other types of agreements.

TAXING POLLUTION

The concept of taxing pollution is simple. The political and management reality of "pure"

pollution taxes, however, is far from simple. Indeed, the pragmatic side of pollution taxes

suggests only limited circumstances where convergent interests, policy needs, and institutional

capability may make some variation of this approach a part of environmental management. 27

As discussed below, it is the variations on the theme that may hold more policy interest than the

conceptual case proposed by some.

The General Case

Pollution damages important human values (health, aesthetics, materials, or the functioning

of ecosystems indirectly necessary for human welfare). Thus, not all of the costs (both monetary

and nonmonetary) of polluting activities are reflected in the prices of the respective goods or

service. This means that damages to other values could be reduced or avoided if less of the good

or service were produced, the production or consumption involved more benign technology, or

defensive efforts were made to counter the pollution.

In these circumstances, economists recommend a tax on the pollution from the activity or

product which causes damages to other values so that price signals the full social cost to the user

(private cost of production plus monetary value of external damages). The level of the tax is set

so that enough economic units (producers or consumers) modify their various behavior

(consumption, fuel choice, technology, chemical use or design, etc.) to just balance the

incremental value of the reduction in external damages from pollution with the incremental costs

of reduction. In this scheme, those who find it cheaper to reduce pollution than pay taxes do so.

They pay taxes on any remaining pollution their activity causes. Those who find it more

expensive to make changes than pay the tax do so and thus continue polluting.

In theory, a tax set at the proper level will result in a reduction in pollution where costs of

reduction are balanced with the benefits of such reductions, that is, where incremental costs of

reduction and incremental benefits of reduction are just equal. Such an arrangement implies a

great deal of information on polluting activities, the damages such activities may cause, and how

27

For example, see: U.S. General Accounting Office.

Environmental Protection:

Implications of Using Pollution taxes for Supplement Regulation . GAO/RCED-93-13.

Washington, D.C., 1993.

CRS-35

individuals value those damages. Such information would be used by public authorities to

structure and administer pollution taxes.

Implementing Pollution Taxes

While some countries have used variations of pollution taxes to help manage water quality

for some river systems, no pollution tax conceived as a method of balancing incremental control

costs with incremental social benefits has been attempted to date. There are good reasons for this

and include the following considerations:

Credibility of Information

Estimates of monetary benefits necessary to justify tax levels cannot be developed in a

practical and systematically defendable way. Economists have methods for estimating

willingness to pay to reduce pollution, but such methods are experimental at best and not

operational in terms of governmental obligations for protecting public health and other

environmental values. Thus, there is no publicly acceptable way to measure the monetary

benefits of most forms of pollution reduction that would allow defendable methods for setting

a tax. Instead, where taxes have been proposed as an alternative to direct regulation, it has been

more along the lines of how high should a tax be to induce incremental expenditures by

industries in order to achieve a desired reduction in pollution with the tax.

Limited Applicability

The type of pollutants for which optimal taxes are usually proposed tend to be those that

do not have long term or irreversible human or environmental consequences. The standard case

is organic forms of water pollution which can be assimilated and broken down by normal

bacterial processes. The more complex pollution problems, however, relate to certain toxics and

pesticides which are long lasting, bioaccumulate and cycle in the environment. These pollutants

have diffuse and often hard to understand consequences, which often show up first in aquatic and

related ecosystems. Using optimal taxes to manage the myriad compounds that are potentially

damaging presupposes immense analytical, monitoring and enforcement capability which is not

currently the case.

Use of Tax Revenues

The disposition of revenues from taxes on pollution raises several difficult practical issues.

If pollution is taxed in some way (pollutants, inputs, activity) to bring about its overall reduction,

three questions arise. First, who receives the revenue? Second, what happens as revenue from

the tax declines as pollution declines?; i.e., what happens to the revenue base? Third, how are

taxes adjusted for inflation to keep the economic incentive constant in real terms? While these

questions can be easily answered in concept, answers within the Federal system pose significant

problems. Interests affected by taxes typically like to see benefits from such taxes, for example

the highway gasoline tax going for highway construction. Answers also affect the

macroeconomic impacts of such taxes.

Data Availability

Taxing pollution assumes the availability of comprehensive and precise monitoring systems

which do not currently exist and would be expensive to install, maintain, and verify. Unless self

reporting is used or more readily measurable entities such as inputs (for example, high sulfur coal

CRS-36

rather than sulfur emissions) are taxed, taxes would require expensive monitoring in order to

ensure accurate reporting.

Other Ways of Using Taxes

Accepting the practical difficulties of using taxes to precisely manage environmental

quality on a location specific-basis, there are other roles that taxes, charges, or fees can play.

Fees already serve as a basis for partial or complete financing of some environmental

protection programs. Fees are levied on regulated entities to recover some or all of the costs of

administering Federal, State, or local environmental protection programs. The level of fees must

reflect the cost of administrative services performed meaning that fees seldom will provide any

strong incentive for reducing pollution beyond the regulatory requirements.

Between the financing of environmental protection programs with fees and the precise

taxing of pollution to achieve an essentially unknowable optimal reduction probably lies a more

pragmatic role for taxes in implementing already determined social goals. This role evolves from

using taxes to implement a policy for which a consensus on achieving a specific reduction target

has been obtained. For example, the acid rain control program could have had a tax imposed that

achieved a 10 million ton reduction in SO2, but a permit program was chosen instead.

The use of taxes in these circumstances may have several purposes not necessarily related

to environmental protection but possibly modifying behavior sufficiently to produce some

reduction in polluting activity. Such taxes may raise general or dedicated revenue, send a signal

on level of consumption, possibly be used to offset other revenue sources, or serve other

purposes such as capture of windfall gains where other environmental regulations are driving up

product prices.

The tax on chlorofluorocarbons (CFCs) and proposals for an increase in the Federal

gasoline tax are primary examples of how taxes are or could be applied as part of broader policy

packages. In the case of CFCs, the tax adds incentive to find substitutes and speed phase-out,

but most observers see its imposition as much as a way to capture some of the price runup due

to phase-out and to raise revenue. Proposals for large increases in the gasoline tax are packaged

with any number of motivations including deficit reduction; increased energy security through

reduced consumption of oil and long run incentives to increase equipment efficiency; as a general

premium to signal the social costs of auto use including air pollution, congestion, and accidents;

and as an incentive to shift toward alternative fuels, among others.

A tax on carbon dioxide or more precisely, a tax on carbon content of fuel, has also been

proposed as one possible response to forthcoming treaty commitments by the United States on

global climate change. The level of such a tax would not be set based on an unknowable value

of marginal damages from future climate change. Rather, a target for reduction would need to

be related to incremental costs of reduction and the tax set at the incremental reduction cost. A

large amount of revenue would be raised which opens the possibility of offsetting other taxes or

spending areas so as to minimize the immediate economic impact. The Clinton Administration

and the Rio Declaration at the 1992 Earth Summit have committed the country to stabilization

of greenhouse gases at 1990 levels by the year 2000. A carbon equivalent tax could be set at the

marginal cost of achieving that policy goal. Other possibilities for energy-based taxes related

to climate change include a tax on Btu content of fuel, which shifts the initial costs away from

fuels such as coal and may spread the distributional consequences.

CRS-37

In contrast to a precise pollution tax based on balancing regional environmental benefits

and control costs, a broad based tax serving multiple objectives is likely to have widespread and

highly visible equity or distributional consequences. To the extent that such taxes have

environmental purposes, the objective is to affect levels of consumption and possibly long run

technology or product design and function. In most cases, making consumption more expensive

will disproportionately burden lower income individuals. Opposition to a generalized gasoline

tax is partially along these lines. As with all taxes, some relief to lower income individuals can

be realized through refundable credits or means tests, though the administrative burden increases.

Proposed gasoline taxes fall into this category. Impacts from a carbon tax would be more

concentrated initially on coal producing regions, rail transportation, and coal using utilities in

terms of income and employment loss. The tax would also quickly be reflected in the rates of

coal-consuming electricity utilities, currently about sixty percent of total electric generation.

TRADING OF POLLUTION REDUCTION OR OTHER RESOURCE

MANAGEMENT CONSTRAINTS

Another way to potentially reduce the costs of achieving environmental standards or other

resource management constraints is to allow regulated sources to trade the location and nature

of compliance among themselves. This is already done to some degree through EPA's air

emissions trading program and is a central feature of the acid rain control provisions of the 1990

Clean Air Act Amendments.

This type of mechanism is usually applicable only where the pollutant mixes uniformly and

is damaging over a broad geographical area. Under those circumstances, the point of control is

less important than is putting a limit on the total amount of pollution. As long as local healthbased standards are met, where in the region pollution is reduced is not important to overall

regional environmental quality.

The General Case

As with taxes, the economic logic of tradeable over control of pollution (or other

compliance obligations like recycled material content) within a binding limit on total emissions

is compelling. If reductions can be concentrated at those sources with the lowest costs, the total

economic cost will be less than if sources with differing costs are required to achieve equal

reductions. This least cost outcome is possible if each source is required to control damaging

activity at the specified rate of reduction, but then allowed to sell over control to or buy over

control from other enterprises. For those with low (incremental) costs of reduction, it pays to

over control and sell the excess reduction to enterprises that have high (incremental) costs, who

then are allowed to continue emitting pollutants. The end result is control at the required total

level of reduction. If site specific shifts in the source of damaging activity is not an issue, this

type of mechanism can be a cost-effective way to meet a variety of environmental and natural

resource management goals.

CRS-38

Implementing Tradeable Pollution or Other Compliance Requirements

Implementing any tradeable pollution system requires consideration of several important

institutional needs. These include:

Protecting Private Transactions

For there to be a market for pollution or other compliance over control, there has to be

security of underlying private obligations. This leads to two very strong necessary conditions

for development of a trading system. First, over control is essentially an investment and as such

must be viewed as "property" that belongs to the investing enterprise if there is to be any

reasonable incentive for trading. Government recognition and protection of that property is

essential for markets to develop. Second, government can facilitate market development by

minimizing the transactions costs of trading. The less encumbered with oversight and potential

vetoes by government authorities or other parties, the more likely that trading and cost saving

potentials will be realized.28

Meeting Public Purposes

On the other side of the coin, there also has to be accountability for the public purpose

being served. Thus, most "open-market" trading systems would have to be monitored and

regulated possibly more than traditional technology or performance-based command and control

systems.29

This level of information is necessary in order to verify that over control has occurred and

can be sold to other emission sources or third parties (for example brokers or middlemen).

Advances in technology may make this feature less costly over time and there are surrogate ways

for estimating how much control is achieved. Nonetheless, operation of a trading system

necessarily must be information intensive if authorities are to meet statutorily mandated goals.

While voluntary reporting of reductions and trades is possible, it may invite bogus

transactions and program failure. Any voluntary reporting system would require consistent

random auditing or monitoring to verify reported transactions. Such a system might also invite

lawsuits from environmental groups challenging lack of progress or performance by responsible

State or local implementing agencies.

28

For an excellent discussion of the transactions and enforcement issues facing these types of

trading programs see: Dwyer, John P. The Use of Market Incentives in Controlling Air

Pollution: California's Marketable Permits Program. Ecology Law Quarterly. Vol. 20, No.

1, 1993. pp. 103-117.

29

Implementation of the sulfur dioxide allowance trading system under the 1990 Clean Air

Act Amendments may have annual costs other than direct compliance between of $1 to $1.5

billion which is 15 to 25 percent of estimated annual compliance costs. These noncompliance

costs include the mandated continuous emissions monitors for all regulated sources as well as

other transactions and tracking costs, permit fees, and various sales costs. For a full discussion

of these issues see: U.S. Library of Congress. Congressional Research Service.Implementing

SO2 Allowance Trading: Implications of Transaction Costs and Taxes. Report No. 93-313

ENR, by Larry B. Parker and Donald W. Keifer. Washington, 1993.

CRS-39

Achieving Equity

Implementing a trading system on top of existing command and control systems raises

challenges as to how much credit each entity should receive for past efforts. Inequities arise

quickly where differing degrees of control have been previously achieved. Giving each source

a percentage of its remaining emissions is inherently unfair to those who have already invested

in control, or who have very modern facilities with low emissions by design. The fairest system

probably involves distributing emission rights in proportion to pre-control emissions levels. This

covers the situation where sources have made equipment or fuel changes and are cleaner than the

new requirements because it gives them over control to sell. It still leaves an inequity when new

low-pollution technology has been built into an industrial system for a variety of reasons, the

source has no pre-control baseline, and is cleaner than the new standards require. Sources in

such situations could be forced to buy emissions rights to expand operations when they are

already cleaner than any other source.

Thus, implementing emission trading systems requires political decisions and regulatory

machinery not unlike current programs. Title IV of the 1990 Clean Air Act Amendments

establishing the sulfur dioxide allowance trading system for coal-burning electric utilities

illustrates this concern. Passage required complex allocation systems to accommodate concerns

over regional cost burdens and equity as well as operational flexibility. Some of the allocation

formulas reflect site-specific concerns (e.g., local politics). This as yet untested national trading

system, however, may not be a representative test since it is being implemented within the Stateregulated electric utility system. At a minimum, the oversight of State regulatory commissions

on profit oriented utility activities raises questions about the degree of innovation and flexibility

the SO2 allowance trading mechanism will ultimately show.30

Taxing Profits

If contracting parties agree to an exchange of over control or over compliance, income is

generated by the seller and costs are incurred by the buyer. How these buying and selling

transactions are treated for tax purposes by the IRS will have an important bearing on the

strength of the incentive to invest in over control and on the incentive to buy over control as

opposed to controlling to the required standard. If net income generated by selling over control

is taxed at the marginal corporate rate, then the amount of over control forthcoming will be

reduced in total since marginal investments in over control must stand a rate of return test against

other corporate investments. How over control is achieved may also have a bearing on whether

a depreciable asset or an expensable cost is being offered to other parties. If the over control

bought by a purchasing enterprise is treated as a service regardless of the method by which it is

generated, no differential incentive is created. On the other hand, if over control is treated as a

depreciable capital expense purchased for its useful or physical life, allowed rates of depreciation

may affect the choices made. In particular, allowing a faster write-off than the actual annual use

would create a financial advantage because the early recovery of the investment could shelter

other income from taxes.31

30

For a discussion of experience, pro and con, with the allowance trading system to date see:

U.S. Senate Committee on Environment and Public Works. Three Years Later: Report Card

on the 1990 Clean Air Act Amendments. Washington, D.C. November 15, 1993.

31

See for example: Parker, Larry B. et. al.

Clean Air Act Allowance Trading.

(continued...)

CRS-40

Ways of Using Tradeable Permits or Other Over

Performance on Standards

The contractual nature of pollution trading and the oversight nature of all levels of

government in assuring adherence to environmental requirements, other jurisdictional needs, or

political requirements suggests that trading is likely to be more practical in some circumstances

than others. From experience and trends to date some of these general circumstances may

include the following:

Creating Regional Bubbles

Current air emissions trading mechanisms operate within tightly drawn rules which limit

how and where trades of uniformly mixing air pollutants can take place. While the SO 2

allowance trading system is designed to be national in scope, whether it moves much beyond

bilateral trades under State public utility commission supervision remains to be seen. Because

over control involves private investment decisions that essentially create property rights and

because the obligation of local and State governments to avoid third party effects caused by

changing the location of specific pollution sources, most pollution trading seems likely to be tied

closely in location. If this is the direction of tradeable pollution control, it is a logical extension

of the bubble approach now used for individual plants.

Creating Cross-Trading

Cross trades involve buying environmental controls in an activity different from the

pollution source in order to create the right of the buying entity to avoid its own more costly

control expenditures.32 Examples include reforestation as CO2 offsets or buying up old cars to

reduce urban air pollution rather than controlling stationary sources. Although only a limited

number of cross-trades have been authorized or attempted to date, they are a frequent option in

proposals ranging from carbon dioxide control to solid waste recycling. Factors which will

probably determine which options have potential for implementation include:

•

Unimportance of the specific location of reduction within a control region;

•

Ease of verification of compliance, both for public sector purposes and for purposes

of private contractual arrangements;

•

Large enough cost differentials to offset additional monitoring and contractual costs

for control outside of the buying entity; and

31

(...continued)

Environmental Law. Vol. 21, No. 4II, 1991. pp. 2051-2053; and Parker, Larry B. and Kiefer,

Donald W. Implementing SO2 Allowance Trading: Implications of Transactions Costs and

Taxes. U.S. Library of Congress. Congressional Research Service. CRS Report 93-313 ENR.

March 1993. pp. 6-8.

32

See for example The U.S. Library of Congress. Congressional Research Service. Coal

Market Effects of CO2 Control Strategies as Embodied in H.R. 1086 and H.R. 2663. Report

No. 91-883 ENR, by (name redacted), Washington, December, 1991.

CRS-41

•

Lack of other more cost-effective options to meet pollution standards for regulated

sources.

Achieving Cost-Sharing

Tradeable permits can serve to share the cost burden where pollution generation occurs in

one area with environmental damages occurring in a geographically different area. The sulfur

dioxide allowance trading mechanism under the Amendments gives regions that would benefit

from reduced acid rain, mainly the Northeast, long run reasons to buy allowances from coal

burning electric utilities in the Midwest. Through such financial exchanges, the costs of over

control in the Midwest ultimately may be reduced and the costs of compliance in the Northeast

raised, helping to spread the financial burden more evenly between the regions. However, in the

near term, there has been no activity along these lines.

Circumstances for implementing such broad scale cost sharing may be unique to problems

such as acid rain, but that example does point to several general conditions necessary for

successful programs. These include:

•

A significant one-way contribution of total pollution in the receiving region from the

other region, based on prevailing weather or hydrologic conditions;

•

Pollutants or other attributes that are not an immediate threat to human health;

•

Emission sources that already operate under permit or could readily be put under

permit systems for the pollutant;

•

Relatively similar levels of economic activity between the regions but with

differences in the cost structure for controlling pollution; e.g., large economies of

scale with low incremental abatement costs for industry in the generating region and

more diffuse, high incremental cost sources in the receiving region;

•

A cap on total damaging activity between the two regions that is significantly below

current or expected levels due to growth.

Despite the early hopes for the allowance trading program, the initial phase has seen only

a handful of trades, mainly among Midwest utilities. The first auction of allowances resulted in

purchases of all allowances offered by the EPA but few takers for allowances offered by

utilities.33 Thus the ideal circumstances listed above for broad scale interregional permit trading

raise some important questions in the operational world of most large scale industrial sectors.

Creating Transitional or Phase-out Efficiencies

Trading of permits for industries which must eliminate a substance can ease the transition

and costs. Trading of timing or location of compliance is appropriate where elements within the

industry have widely differing phase-out costs. The often-cited example is the phase-down of

lead in gasoline accomplished through a tradeable lead credit program between refiners. Refiners

33

For a general discussion of these issues see: Parker, Larry. Implementing Acid Rain

Legislation. CRS Issue Brief 91035. Congressional Research Service. U.S. Library of

Congress. Updated regularly

CRS-42

who had very high phase-out costs were able to buy credits from refiners who were able to

accelerate the phase-out at a low cost. This type of trading could serve under circumstances

similar to the refinery sector given the following conditions:

•

The potential for or history of cooperation and coordination of some operations

within the industry;

•

A long lead time so that planning for phase-out can be coordinated with other

planning needs;

•

Substantial differences in production costs and size between firms or plants.

CRS-43

DEPOSIT/REFUND

Beyond refundable deposits on beverage containers, many have proposed using this

mechanism for certain diffuse pollution sources where return for proper disposal or recycling is

environmentally important, but hard to achieve through traditional regulatory means.

This type of mechanism is applicable where the item of concern is durable or can be

contained and has some salvage or reuse value. Alternately, some are proposing that strong

incentives be created for recycling or proper disposal of certain types of hazardous materials by

requiring refundable deposits.34

The General Case

The success in reducing litter through deposit-refunds for beverage containers in several

States demonstrates the effectiveness for this mechanism to solve certain types of environmental

problems. Unlike tradeable permits, this mechanism is straight forward in concept and initial

implementation for three reasons. First, the goals and the method are easily understood by the

public. If the deposit is large enough relative to the purchase price of the product, the user or

others have strong incentives to return containers. Second, once enacted, implementing a

deposit-refund system is largely up to the private sector. While business practices must be

altered and some manufacturing employment may be lost, recycling and other transactions jobs

are created under these types of programs. Third, the types of products where this is applicable

are typically not adulterated or contaminated by use nor are the containers of high enough value

to induce counterfeiting or large scale fraud in order to capture refunds.

Thus, for standard recyclable products such as beverage containers, the State-by-State

implementation that has occurred, by most reports has not caused major dislocations in container

manufacturing or disruptions in retail distribution and has therefore been credited with

measurable improvements in litter problems and increased levels of recycling.

Implementing Deposit Refund Systems

Extending deposit-refund systems to materials other than beverage containers, as some

propose, raises several practical challenges. The severity of these challenges pose depends on

the type of product or material under consideration, and in particular, the engineering and

material requirements for either recycling or disposing of reclaimed materials. Though each area

has its own unique concerns, several implementing issues hold to varying degrees for all of the

various candidates for deposit and refunds. These include:

34

For example see: Macauley, Molly K. et. al. Using Economic Incentives to Regulate

Toxic Substances. Resources for the Future. Washington, D.C. 1992.

CRS-44

Durability

The durability or containability of the item or material - The lower the additional effort

(expenses and labor or personal time) to store, collect, handle, transport, and reprocess or dispose

of the material, the more attractive this mechanism becomes. Beverage containers would be at

one end of a continuum with some hazardous chemicals at the other. In between are problem

items such as batteries, tires, and pesticide containers to name current examples.

Cost-Competitive Recycling

The existence of, or strong potential for, cost-competitive recycling - The greater the

existing infrastructure for using or reprocessing the product or material, the more the

fundamental economics will drive implementation. Deposit refund coupled with marketable

recycling quotas could provide double incentives in some situations as would deposit-refund

coupled with a product tax on new materials.

Existing Information Systems

The existence of well-developed information management and tracking systems to which

deposit-refund information needs can be easily added - The more fully developed product

information is, the less disruptive additional record keeping is likely to be, making that part of

implementation less costly.

Economies of Scale

The existence of economies of scale in treatment and disposal of hazardous materials - The

greater the cost-economies that can be captured through centralized treatment, the more likely

a market-based deposit-refund approach would be attractive compared to other more restrictive

control programs.

Ease of Verification

The capability to distinguish on a cost-effective basis qualifying returns from counterfeits

in order to avoid exploitation of the system. This is particularly necessary where hard-to-analyze

hazardous waste would be involved or where imports from other jurisdictions or countries could

be used to capture refund monies.

Strength of Monetary and Nonmonetary Incentives

The inconvenience issues in deposit-refund systems can be a greater issue for users than

the need to pay deposits - While deposit-refund systems may appear as a cost-effective way to

achieve some types of environmental management objectives, time costs and inconvenience for

those affected must also be considered in any comprehensive appraisal. The acceptance and

success of any systems that rely on voluntary compliance will likely depend on three factors:

•

The size of the deposit relative to the value of the product; the larger the deposit, the

greater the likely rate of redemption by either initial purchasers or secondary markets

that collect and return for income purposes;

•

The size of expenses incurred in storing and returning containers;

CRS-45

•

The degree of inconvenience and time incurred (including disruption of normal

routines; time needed to collect, clean, handle, and transport containers; intrusion on

storage and space management needs of homes and businesses; and administrative

and record keeping changes that may be at odds with existing practices).

Ways of Using Deposit-Refund

A number of proposals for using deposit-refund suggest the potentials for this mechanism

and also illustrate the challenges to effective implementation. Applications discussed in several

recent studies include lead acid batteries, lubricating oil, industrial solvents, and pesticide

containers among others. The major motivation behind deposit-refund proposals for these types

of products is local environmental management problems that current disposal practices may

pose, in particular significant contributions to nonpoint source water pollution and solid waste

management. Because the types of activities contributing to these environmental problems are

diffuse and numerous, the reach of traditional regulatory tools is often limited or unduly

burdensome, leading some to advocate market-based approaches such as deposit-refund. The

few operational examples of these types of mechanisms and several proposed options allow some

general observations about circumstances for possible application of these tools. These examples

are discussed in detail later in the report and general cases are discussed here.

High Volume Nonhazardous Materials with Recycling Potential Beyond beverage containers,

there may be other household containers which consumers could conveniently bring back to a

retail outlet and which might have the potential for a deposit-refund approach. Since most non

beverage containers are not associated with littering problems, use of this approach would be a

way to accelerate the rate of recycling for potentially valuable materials. In practice, use of this

tool would probably only be practical at a State or national level as a supplement to reduce

demands on landfill or other disposal capacity.

Highly Toxic Low Volume Materials with High Treatment Costs

Many of the proposals for extending deposit-refund deal with categories of chemicals that

pose special disposal problems. Such chemicals may be treated most efficiently in large

sophisticated disposal systems requiring economies of scale in order to be cost-effective. Short

of mandating use of such facilities by regulated industries, a less intrusive way of increasing the

control on special types of toxic chemicals could be to require large deposits at the point of sale.

These deposits would be refunded upon return of certifiable spent chemicals or their byproducts

to a regional disposal facility. Such chemicals would have to be used in reasonably closed

industrial processes or be readily managed for final containerization and return to a disposal

facility. Verification of purchase would be necessary to avoid problems of counterfeit returns.

Contaminated Products or Equipment With High Disposal Costs

Similar to the above, products such as used lead acid batteries, other electrical equipment,

and contaminated containers are being or could be included in deposit-refund systems. These

products often pose landfill and other disposal problems and are hard to regulate because the

products are so widely used. In contrast to counterfeiting issues for containerized toxics, a key

issue for this type is the incentive for theft if the deposit is too high relative to the product price.

This potential raises the need for accurate documentation which in turn increases the

inconvenience cost to participants. Also challenging are the product handling concerns where

consumers may be disinclined to transport used equipment very far, necessitating numerous

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pickup points. Final disposal of such contaminated products implies treatment capability as with

the above example.

Widely Used Substances with No Acceptable On-site Disposal Methods

Used motor oil is the main example in this category. This type of approach could be used

for high-volume substances that are used in equipment but not consumed in the process; that are

potentially harmful to the environment; and that are prone to widespread improper disposal to

land, water, or air. Chlorofluorocarbons used in cooling equipment would be an example. While

deposit refund could be one tool for bringing improper CFC disposal under control, phase-out

and product taxation are the methods Congress has chosen for dealing with this area.

Major challenges for this use of deposit-refund, both for used motor oil and any other

proposed substances, exist both at the user end and in the ultimate market for reuse and recycling.

At the user end, unless the deposit is large, the inconvenience of collection, storage, and transport

to a receiving station may work against significant compliance. As with other deposit-refund

substances, final use depends on the physical recycling potential, market conditions for such

materials, in particular price relative to virgin materials, and the degree of contamination of the

materials which may render them useless or require an extensive infrastructure for processing.

OTHER MARKET STRENGTHENING ACTIONS

Beyond proposed market-based mechanisms such as those above, Federal and State

governments have strengthened information and liability requirements for certain products and

disposal activities in order to improve environmental management. Also, education on best

management practices can be a cost-effective way of improving resource management.

Specific examples of these more traditional methods for guiding profit-oriented economic

activity towards more broadly desirable outcomes are described at various points later in the

report. Some general issues of implementation are identified briefly below.

Information

A traditional role played by government is the provision of information to in order to

inform and ideally improve consumer and business decision-making. Provision of a variety of

economic statistics is an obvious example. A century of support to farm management through

Federal extension services is another.

By giving consumers, businesses, and organized interest groups more accurate information

about products or activities that affect the environment or human health, both the private sector

and the political process ideally can make better informed decisions. This type of government

activity is typically undertaken on the premise that some kinds of broadly beneficial information

is a public good which profit-oriented enterprises do not provide because full costs cannot be

recovered or because it may be counter to their commercial interests.

In the environmental area, government is involved in both education as well as mandatory

disclosure of various types of use, disposal, or resource-status information accompanying either

products, processes, chemicals, or sometimes asset sales. Both the Federal and State

governments have passed laws broadening industry information disclosure requirements. For

example, Section 313 of Title III of the Superfund Amendments and Reauthorization Act (P.L.

99-499) requires manufacturers and users of toxic chemicals to provide detailed information to

CRS-47

the public on the amounts of such chemicals stored on-site and released to the environment.

Proposition 65 in California by direct voter initiative uses mandatory information provision along

with regulation to help reduce an individual's exposure to potentially harmful substances. New

Jersey's Environmental Cleanup Responsibility Act requires facilities dealing with hazardous

wastes to either verify sites are clean or submit a cleanup plan to the State when the property is

sold or transferred.

In mandating information disclosure, several implementation issues bear on the efficacy

of such requirements and the impacts they may have on business and consumer decisions.

Factors that may affect the usefulness of additional publicly available information can

include:

•

The complexity of the subject, particularly where significant scientific uncertainty

exists making risk or hazard characterizations difficult and time-consuming for users

to interpret;

•

The potential for abuse of such information for political purposes, causing damage

to product or business reputations; and

•

The credibility of the information source.

Factors that may affect business and consumer decisions can include:

•

The cost of producing reliable information on health or environmental risks from

products or substances;

•

The risk to business from disclosure of trade or competitively-sensitive information;

•

The increased awareness of communities to potential risks and adverse environmental

effects which may increase the effect of moral suasion or public pressure on business

decision-making.

On the latter point, according to some in industry, mandatory information disclosure

provisions may be a more powerful force for inducing changes in some industry practices than

any of the current trading or tax mechanisms. This perception is reinforced by a recent study

suggesting that the SARA Title III disclosure requirements are a strong force for industries to

improve their management of hazardous chemicals.35,36

Liability Assignment

The establishment of liability rules acts as an explicit incentive to businesses (or

individuals) to modify their operations or behavior in order to avoid paying judgements to parties

who may be damaged as a result of failures to meet standards or other regulations. This tool has

35

Carlin, Alan. Op. Cit. p 6-5.

36

For the industry study see: Baram, Michael S., Dillon, Patricia S., and Ruffle, Betsy.

Managing Chemical Risks: Corporate Response to Sara Title III. The Center for

Environmental Management, Tufts University. May 1990.

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been used extensively for disposers of hazardous chemicals under the financial responsibility

provisions of both Superfund and the Resource Conservation and Recovery Act. At the State

level, an example is Connecticut's 1982 Potable Drinking Water law which follows the principle

of strict liability for groundwater contamination.

While this tool has been used aggressively in recent years, it typically does not require the

innovation and institution building that the mechanisms described above do. As such, liability

assignments impose contingent costs on businesses in order to induce behavioral changes to

avoid such costs. Liability assignment can thus serve as an alternative to more direct

intervention.

The implementation issues in liability assignment are complex and the subject of extensive

analysis in the legal and economic professions. General issues in implementation may include:

•

How favorable the conditions are for a commercial insurance market to develop in

order for regulated businesses to balance risk minimization with affordable financial

protection in the event of an accident. In particular, thin markets with limited risk

experience may limit the availability of commercial insurance, which would create

especially difficult compliance problems for smaller businesses which cannot selfinsure.

•

How much the liability exposure is to financial risks beyond financially feasible

preventive and insurance capabilities;

•

How targeted the liability assignment is to aspects of a business which will produce

improvements in environmental management;

•

How detectable violations of standards are that would trigger enforcement and

liability obligations.

Best Management Practices

One other market-conditioning tool is best management practices, used most often in

conjunction with farm programs. These are attempts to educate users on operational practices

that minimize wastage and that promote broader land use or environmental benefits. Some

environmental management issues - particularly in the area of nonpoint source water pollution

related to fertilizers, toxics, and pesticides - stem, in part, from relatively low input costs

compared to the value added by their use. Under circumstances where labor is expensive and

such inputs are cheap, there is little incentive to manage the use of such substances precisely.

This is particularly the case if such changes increase labor costs and competitors do not follow

suit. Ideally, education on best management practices can produce operational savings that more

than offset additional costs or inconvenience of such changes. Without that incentive,

operational changes that reduce the use of environmentally harmful substances or that alter other

operational practices are not likely to be accepted voluntarily.

CRS-49

CURRENT U.S. APPROACHES

Experience with market based programs to this point reflects efforts to fit practical

approaches to evolving environmental and natural resource management problems. Most current

environmental protection policy, as reflected in the main Federal laws, is based foremost on

protection of public health; on use of existing administrative structures and facility permitting

processes; on predictability in implementation; and on reasonable consistency of effort for

similar classes of regulated entities.

There are any number of ways to classify the various current market-type approaches.

However, the public-sector management perspective described previously offers a framework

that bears on what has ultimately been authorized by Congress and implemented by the

responsible agencies. Current market-based programs are grouped here by the following policy

objectives:

•

Achieving Regional/Local Regulatory Efficiency;

•

Meeting National Pollution Reduction or Phase-Out Requirements Through Trading;

and,

•

Internalizing Social Costs Through Nonregulatory Means.

ACHIEVING REGIONAL/LOCAL REGULATORY EFFICIENCY

Examples in this category include various refinements to the implementing regulations

under the Clean Air and Clean Water Acts. These refinements serve to ease the burden on

industry by increasing the flexibility of compliance. The Environmental Protection Agency's air

emissions trading program is the most often cited-example in the U.S. In the water area,

programs for the Fox River in Wisconsin and Dillon Reservoir in Colorado have been

established.

Emissions Trading Program

Within the command-and-control structure of the Clean Air Act (CAA), EPA has attempted

over the years to introduce some flexibility to the implementation process. Before passage of the

1990 Amendments, EPA developed four market-based schemes to assist polluters in meeting the

requirements of the CAA at less cost. These are referred to as offsets, bubbles, banking, and

netting.

•

Offsets. The offset policy resulted from the pending failure of many regions to

achieve the National Ambient Air Quality Standards (NAAQS) by 1977. In 1976,

EPA, faced with the prospect of placing a construction ban on new sources in

nonattainment areas, proposed to allow new sources to be located in a nonattainment

area if the new sources installed Best Available Control Technology (BACT) and

obtained offsets from other facilities in the area so that the area's aggregate emissions

of the offending pollutant declined. In effect, the policy reduces pollution at existing

sources by making the owners of prospective new facilities pay for the reduction.

CRS-50

Placing the cost burden on new clean facilities rather than on existing sources which

are polluting is one criticism of the offset policy. By making new facilities more

expensive, modernization and technological advancement is impeded. In this

manner, the offset policy does not reverse the regulatory system's bias against new

sources as manifested in the New Source Performance Standards (NSPS).

•

Bubbling. In 1979, EPA proposed a bubble scheme. Bubbling permits a facility

with multiple emission sources to sum those sources and treat them as a single

source. Hence, the owners are free to achieve necessary reductions at any

combination of the facility's emission sources as long as the aggregate reduction is

achieved. The bubble is generally applicable only to existing sources, and no

interpollutant bubbling is allowed. (Proposals to expand bubbles, for example

between plants or between new and old sources, are highly controversial.)

•

Banking. In 1979, EPA promulgated regulations to bring the offset policy in

conformity with the 1977 Amendments. A third emissions trading scheme, banking,

was included in the regulations. Banking permits an emission source to save or

"bank" any emission reductions that were in excess of its regulatory requirement.

These banked reductions, called emission reduction credits, can be used by the

facility at a later date, or sold. In permitting the buying and selling of emission

reduction credits, banking facilitates the use of the first two trading schemes--offsets

and bubbles.

Previous to the 1977 Amendments, EPA attempts to introduce banking were declared

illegal; confiscation of emission reduction credits not used immediately was

considered a more rapid means of achieving the National Ambient Air Quality

Standards (NAAQS). The specific guidance given areas by the 1977 Amendments

was declared compatible with banking.

Banking is important because it provides a mechanism for polluters to effectively use

the offset and bubbling schemes discussed above. Also, banking provides some

incentive to "overcontrol"; that is, to control emissions more than the minimum legal

requirement. Opponents of banking feel that, in a nonattainment area, maximum

reductions should be mandated until compliance is achieved. Therefore, there should

be no excess reductions to bank.

•

Netting. Most analyses of trading schemes indicate that netting has resulted in the

greatest cost saving to industry. Netting began in 1974 and permits an existing

source to undergo a major modification without invoking the NSPS requirement if

the facility's aggregate emissions do not increase. Since under NSPS, new or major

modified sources must meet stringent requirements, netting's ability to reduce a

potentially significant control cost can result in significant savings to a facility's

owner.

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The development and implementation of trading schemes in the U.S. have had a rocky road

for a variety of reasons.37 The Clean Air Act is focused on protecting human health with an

adequate margin of safety, and achieving this goal as rapidly as possible. The Act's primary

concession to economics is only requiring NSPS uniformly for new sources, and not requiring

such stringent controls on existing sources in attainment areas.

In some highly polluted areas, these health standards require very substantial pollutant

reductions which, coupled with the tight deadlines, leave little room for flexibility, and, therefore,

involve the greatest cost. It could be argued that, in nonattainment areas, if additional reductions

can be found at a source to offset emissions at another source, then the first source should be

required to meet that lower emission level and no offset granted; the urgency of the problem

requires maximum reductions. Indeed, the courts used variations on this argument to prevent

bubbling and netting in nonattainment areas previous to the 1977 Amendments.

A summary of emission trading activity is shown in table 3. As indicated, netting has

provided the bulk of estimated cost savings resulting from the various trading schemes. This is

not surprising because, by netting, a facility is avoiding NSPS--generally the most expensive

control method--compared with obtaining reductions from existing sources which could use

means other than NSPS to achieve reductions.

Offset Experience in Southern California

Southern California is often cited as having the most well developed emissions trading

market under the offsets program. As noted by Dwyer, however, only a small number of firms

completed trades with each other annually and such trades have been only a small part of

stationary source control programs.38 The Southern California experience is instructive for

understanding what may facilitate or hinder effective implementation of these types of programs.

37

For example for a criticism of the experience with EPA's bubble program see: Doniger,

David D. The Dark Side of the Bubble. The Environmental Forum. July, 1985. Also a series

of opposing views on emissions trading in the March 1986 Environmental Forum (pp. 28-34).

38

Dwyer, John P. The Use of Market Incentives in Controlling Air Pollution: California's

Marketable Permits Program. Ecology Law Quarterly. Vol. 20, No. 1, 1993. p. 108.

CRS-52

Table 3. Summary of Emissions Trading Activity*

Scheme

Estimated

Internal

Transactions

Number of

External

Transactions

Netting

5,000-12,000

0

Permit Costs: $25-$300

Control Cost: $500-$12,000

Offsets

1,800

200

0

Bubbles:

Federal

State

40

89

2

0

$300

$135

Banking

<100

<20

Small

Estimated Cost Savings

(Millions$)

*

Covering the mid-1970s through the mid-1980s

Source: Data from Hahn and Hester, 1986.

In 1976, the South Coast Air Quality Management District (SCAQMD) enacted Regulation

XII to require review of new stationary sources of air pollution. Emission reduction credits

(ERCs) were granted to companies that could prove real, permanent, quantifiable, enforceable,

and surplus emission reductions of reactive organic gasses (ROG), commonly known as volatile

organic compounds (VOCs), and nitrogen oxides (NOx). Originally, Regulation XII included a

contemporaneous reduction requirement specifying that offsetting credits must be used within

90 days of being generated. Although the timeframe for using credits was restrictive, there were

no geographical restrictions on where credits could be traded within the District. Many ERCs

were generated when plants shut down operations. Some were granted for achieving reductions

beyond that which were required by State and Federal standards. Between 1983 and 1990, 59

ERCs were issued to firms in the South Coast air basin; 31 were due to permanent shutdowns and

28 were issued for process changes that decreased emissions. During this period, 24 ERCs were

purchased and an additional 15 ERCs were used for offsetting increased emissions by the same

owner's facility.39

District Regulation XII was amended in June 1990. As a result of the amendments, ERC

activity increased. The contemporaneous emission reduction requirement was deleted and new

provisions were added to prevent excessive emissions in

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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Market-Based Environmental Management: Issues in Implementation · 94-213 | Frix