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EPA’s Water Quality Trading Policy (CRS Report for Congress)

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Release Date Jan. 29, 2003
Report Number RS21403
Report Type Report
Authors Claudia Copeland, Resources, Science, and Industry Division
Source Agency Congressional Research Service
Summary:

On January 13, 2003, the Environmental Protection Agency announced a Water Quality Trading Policy intended as an innovative approach to assist industry and municipalities in meeting Clean Water Act obligations. Trading allows one source to meet regulatory requirements by buying credit for pollutant reductions from another source that has lower pollution control costs. The policy revises a 2002 proposal which reflected lessons learned from a similar trading policy issued by the Clinton Administration in 1996. Water quality or effluent trading projects have occurred in the United States since the early 1980s. The new policy is generally supported by industry groups, state and local governments, and agriculture groups. Environmental groups are split on the concept. Some argue that it is not lawful and are critical that the Bush Administration policy lacks a number of details that they regard as necessary. Others support the concept, with adequate safeguards, as a valuable tool in cleaning up waterways. Congress has conducted some oversight of water quality trading and could continue doing so as the new policy is implemented. Legislation to codify a water trading policy in the Clean Water Act could be considered, as well. This report provides background on water quality trading and the EPA policy. It will not be updated.