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Market-Based Environmental Management: Issues in Implementation (CRS Report for Congress)

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Release Date March 7, 1994
Report Number 94-213
Report Type Report
Authors Environment and Natural Resources Policy Division
Source Agency Congressional Research Service
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.