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1 1 (January 29, 2003)

handle is hein.crs/crsaibh0001 and id is 1 raw text is: Order Code RS21403 January 29, 2003 EPA's Water Quality Trading Policy Claudia Copeland Specialist in Resources and Environmental Policy Resources, Science, and Industry Division 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. What is Water Quality Trading? The Clean Water Act (CWA) provides a two-tiered approach to water quality protection. At a minimum, all point source dischargers (i.e., industrial facilities and municipal sewage treatment plants) must attain technology-based requirements to limit pollutant concentrations in effluents. These requirements take the form of nationally uniform standards which are incorporated in discharge permits issued to individual facilities. The Act also requires that point sources meet more stringent effluent limitations in certain circumstances. If technology-based controls are insufficient to attain state-established ambient water quality standards for specific waterbodies, these standards serve as the regulatory basis for developing more stringent effluent limitations to be applied to point sources or other dischargers through additional control measures. Since enactment of the CWA in 1972 (P.L. 92-500), the nation has made much progress towards the Act's water quality goals through its program of technology-based effluent limits for industrial and municipal point sources. However, as the Environmental Congressional Research Service **o The Library of Congress CRS Report for Congress Received through the CRS Web

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