Record Display for the EPA National Library Catalog

RECORD NUMBER: 349 OF 603

OLS Field Name OLS Field Data
Main Title Legal issues related to creation, banking and use of Emission Reduction Credits (ERCs) /
Author Tether, Ivan J.
CORP Author ICF, Inc., Washington, DC.;Environmental Protection Agency, Washington, DC.
Publisher The Staff,
Year Published 1982
Report Number EPA 230-04-82-001; EPA-68-01-5845
Stock Number PB82-221854
OCLC Number 42947302
Subjects Pollution control industry--United States. ; Air quality management--Government policy--United States. ; Air quality management--Economic aspects--United States. ; Air--Pollution--Law and legislation--United States.
Additional Subjects Air pollution ; Regulations ; Industrial plants ; Abatement ; Cost engineering ; Industrial wastes ; State government ; Emission reduction credits
Internet Access
Description Access URL
http://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=9100CO5A.PDF
Holdings
Library Call Number Additional Info Location Last
Modified
Checkout
Status
EJBD ARCHIVE EPA 230-04-82-001 Headquarters Library/Washington,DC 11/12/2019
NTIS  PB82-221854 Most EPA libraries have a fiche copy filed under the call number shown. Check with individual libraries about paper copy. 01/01/1988
Collation 19 pages ; 28 cm
Abstract
Emissions Trading, under the Clean Air Act, includes bubbles, netting, emission offsets, emission reduction banking, and is the subject of an EPA proposed Policy Statement (47 Fed. Reg. 15076, Apr. 7, 1982). These alternatives involve the creation of surplus reductions at certain stacks or vents and use of these reductions to meet requirements applicable to other emission sources. Emissions trades can provide more flexibility, and may therefore be used to reduce control costs, encourage faster compliance and free scarce capital for industrial revitalization. Where private parties have banked surplus emission reductions for future use or sale, states may determine that a portion of these reductions is required for clean air purposes. This paper provides legal analysis of the Constitutional issue of whether by 'taking' all or part of a person's banked emission reduction credits a state becomes liable to compensate that person. The paper concludes that the state would not be liable in this circumstance, particularly if the state had set out in advance, in its banking rule, the circumstances that could give rise to such a taking and the way it would be done.
Notes
"PART I: The "Taking" issue--is compensation required if a state or local government confiscates or reduces the quantity of banked ERCs?" "May 1982." "Report number: EPA 230-04-82-001."