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2003 Kluwer Academic Publishers. Printed in the Netherlands.
Introduction
This paper considers an alternative approach to surface water quality management
when society is faced with the need to reduce water pollution in a region with
a complicated regulatory environment. The paper is focused on a specific kind of
negotiation between polluters and an authority, leading to a solution of the problem.
Regulatory authorities are usually unfamiliar with the full range of microeco-
nomic parameters of pollution reduction solutions: environmental damage costs
are not well known, and the true abatement costs (pollution reduction costs) are
known to polluters only, making it a typical case of asymmetric information. This
is one reason why it is practically impossible to achieve a so-called first-best
solution to the pollution reduction problem. The information asymmetry between
the authority and polluters calls for an alternative approach that can be achieved by
negotiation among the parties to reach a third-best solution to the problem.
The approach is focused on interactions among interest groups and regulatory
authorities. Specifically, it involves the bargaining process and shows how special
104 PETR AUER ET AL.
interests can be used to serve pollution control objectives. Potential practical appli-
cations of the suggested approach are also shortly discussed. Traditional economic
tools are used in the suggested approach. Prices of quality of water have a form of
environmental charge and/or a form of financial contribution as one result of the
negotiation process. External financial sources, e.g., investment loans provided by
some banks, could be used as a powerful incentive in the process.
The recommended approach was tested through the use of laboratory economic
experiments based on both ideal and real (field) data. The experiment tested
the hypothesis whether the institution of negotiation, combined with economic
instruments of environmental policy, might work in this field, and whether it
is reasonable to continue laboratory experiments before an implementation of
the scheme in practice. The experimental results show that the approach is well
suited to address surface water pollution issues. This paper reports a case exper-
iment prepared at the Department of Environmental Economics, University of
Economics in Prague. A comparison with theoretical computed first-best results
under conditions of full information is also included.
Laboratory experiments allow testing of proposed reforms/institutions with
relatively low social cost. Of course, laboratory experimenting has its weak points.
For example, it might not be possible to simulate real world situations in one
experimental set-up, or the experimental design might not reveal the true beha-
viour of the participants. However, experiments can be replicated and improved
and it is possible to control both the value/cost environment of the experiments and
the set of rules for the participants behaviour and investigate the behaviour. The
most important advantage of experimental economics is that the consequences for
society are very low compared to trial and error implementation. If the suggested
institution failed to work in a relatively simple experiment, there would be little
reason to expect that it would work in practice.
the concept. There are two main groups of economic tools that are used in the
approach. The first one includes various types of environmental payments (charges,
fees), which both send signals to polluters and create revenues that are allocated to
an environmental protection fund. Financial contributions from the fund (subsidies,
loans, etc.) that are used to support environmentally friendly behaviour (projects)
of polluters are the second set of tools. It is important to stress that these two kinds
of tools are linked up in a system. The economic instruments of both payments
and financial contributions represent a special price of achieving a target quality
of a natural resource. Some additional economic tools include negative induce-
ments such as penalties and other sanctions associated with non-compliance with
agreements.
The payments must be linked with a concrete and well measurable object of
charge. Most often emissions per unit of time serve as the basis for these payments.
The payments could also be derived from other sources such as the amount of
environmentally non-friendly goods that are produced or sold, or from the amount
of hazardous materials or energy used in production. What is important to note
for our approach is that the final rate (for instance payments per unit of pollution)
and the total amount of payments (revenue) can be endogenously determined, as
another outcome of the negotiation process between the polluters and the authority.
Payments play a prominent role in the approach. The amount of these payments
can be approximately proportional to the amount of the environmental damage
caused by the polluters (it corresponds to a polluter pays principle), but it does not
necessarily quantify these damages. The sum of the revenues from the payments
can create the amount that is necessary for adequate financial support of the pollu-
tion reduction goals in a region (it can correspond to a self-financing principle).
The mix of both types of tools, payments and financial contributions, and their
value, guarantees that the economic interests of a group of polluters will work in
the direction of reducing pollution to a desirable level. More importantly, in this
group of polluters there are polluters that can reduce pollution with the lowest
abatement costs.
Dynamic variants, especially those where returnable (revolving) forms of the
financial contributions from the fund (for instance investment loans) are used, are
the most useful forms of the approach. An external source of loans can also be built
into the process (e.g., loans provided by banks).
The distribution of financial support by the authority from the fund is very
important. The most important aspect is the introduction of the principle of maxim-
isation of positive environmental effects per unit of the support. A different set of
environmental indicators for charging and for setting priorities of environmental
protection solutions in the region can be used. Public interest in this is an important
challenge. Participation of NGOs in the negotiation process is desirable and can be
part of the application.
The creation and use of special models is proposed for decision-support in
the process of negotiation of both polluters and authorities. Modified methods for
106 PETR AUER ET AL.
An ideal case was developed on the basis of the Czech River pollution and
was called Ceska River. The case draws on data taken especially from experts
working on water pollution prevention projects and from the State Environmental
Fund of the Czech Republic.
The Ceska River is a substantially polluted river. This is especially the case
during summer periods, when limits of emissions for major pollutants are substan-
tially exceeded by major polluters. Total emissions of pollutants are as follows:
A PROCEDURE FOR NEGOTIATING POLLUTION REDUCTION 107
Table I. Major polluters
Total 1,165,108
3,700 tons per year of COD (Chemical Oxygen Demand); 790 tons per year of
dissolved substances; 1,320 tons per year of insolved substances; 18 tons per year
of phosphorus; and 140 tons per year of nitrogen. Recalculated emissions reach
approximately 1,454,000 units per year. (The recalculated emissions were used for
a simplification. They reflect harmfulness of the pollution both to human health and
to ecosystems using so-called coefficients of harmfulness for the multiplication
of the amounts of single pollutants. In this case, they do not reflect territorial
aspects of the pollution.) There are 15 major polluters (companies and municip-
alities) that are responsible for approximately 80% of the pollution in the region
(see Table I).
Environmental fees for all pollutants listed above have been introduced (see
Table II). Fee rates are based on Czech environmental laws on water pollution (Act
No. 58/1998 Coll.).
Every polluter could have an investment project aimed at reducing the amount
of pollutants discharged into the River. Every particular project has specific impacts
on the economic activities of the polluter. Decisions of polluting companies on
capital investment effectiveness are mostly based on comparisons between the level
of payback period indicators and the calculated payback period of a particular
project. The payback period is calculated on the basis of cash flow and capital
investments cost. In some cases the cash flow change (resulting from project
108 PETR AUER ET AL.
COD 16
Dissolved substances 0.5
Insolved substances 2
Phosphor 70
Nitrogen 30
EXPERIMENTAL DESIGN
The Polluters set of materials. A set of materials for participants playing the role
of polluters included the following items:
(a) A case description, including description of the procedure of the experiment
(i.e., a set of rules for behaviour in the experiment) and including formulas
for a quantification of net costs of abatement (= minimal capital investment
subsidies required from the fund in the experiment). In this simple case,
payback period of capital investment costs was taken as the criteria for effi-
ciency of the water pollution reduction projects. The payback period was
quantified very simply as a quotient of the capital investment costs and a total
annual average change of cash flow of the polluter, which would be caused by
the project.
A PROCEDURE FOR NEGOTIATING POLLUTION REDUCTION 109
(b) Information about the polluter and his solution (water pollution reduc-
tion project). Most of this information (especially the data that creates the
value/cost environment of the experiment) has a confidential character1 and
it was distributed to individual polluters only. This material contains informa-
tion as follows: name of the firm, type of activity (production etc.), impact
on the environment (annual amount of pollution), basic (economic) data about
the polluter, environmental effects of the environmental protection project (i.e.,
water pollution reduction that is possible to offer in the process of negotiation),
economic parameters of the project (capital investment costs, change of cash
flow, environmental fees reduction, payback period of the capital investment
cost, and maximal payback period to be required in the experiment). To avoid
critical numerical mistakes of participants, which probably never would occur
in practice (like mistakes caused just by miss-setting of formulae in a limited
time reserved for the experiment), the participants playing the role of polluters
were individually provided with the correct calculation of the minimal financial
support they should require from the authority (i.e., minimum subsidy required
to justify the investment). They were asked to compare their calculations with
that.
(c) Communication sheet prepared for the communication between the polluter
and the authority in the process of negotiation. The sheet contains two pieces
of information: (1) Water pollution reduction offered by the polluter, and (2)
Subsidy required by the polluter from the environmental protection fund.
The authority set of materials. A set of materials for participants playing the role
of the authority consisted of the following: (a) The same description of the case as
was included into the polluters set of materials. (b) An example (demo-version)
of the confidential information available to a typical polluter and a copy of the
polluter-authority communication sheet. (c) A sheet for recording the authoritys
side of the history of the negotiation. (d) A table containing data for avoiding
critical numerical mistakes of laboratory experiment participants, which probably
never would occur in practice and which should be used only in the case that some
participant-polluter needs a consultation. It was not the case in our experiment. (e)
A software for the negotiation. It was a simple PC spreadsheet for support of the
authoritys decision making.
Real money to increase the interest of participants in rational behaviour during
the experiment was not introduced in this case because of a shortage of resources
reserved for the experiment.
the second type of players (polluters) gives applications for support. The altern-
ation of proposal and counter-proposals depends on previous steps of the game.
Both types of players have continuous sets of strategies. This type of game is very
difficult to transform into trivial finite normal form game and apply Nash equilib-
rium (Nash 1951) solution. The specific process of negotiation can be described as
follows.
The particular experiment considered a system in which an environmental
protection authority A collects payments from environmental polluting units
and creates an environmental fund of the amount F. The fund was used as a
source of financial subsidy support of polluters environmental protection capital
investments.
The total level of pollution (which is for simplicity calculated as recalculated
units of emissions) depends on the following factors: the type of pollutants, the
amount of emissions, and the level of harm to public health and to the environment.
The system consists of 15 polluters: P1 , P2 , . . . , P15 . The levels of pollution are
denoted by zij , with i = 1, 2, . . . , 15 being the polluters, and j = 1, 2,. . . , 5 being
the pollutants. The authority knows both the total level of pollution and amounts of
polluters emissions. All polluters have two decision alternatives: either to realise
the environmental capital investment project (in our case, one project is available
for each of them) or to continue the current situation, i.e., to continue polluting.
The realisation of the projects causes positive environmental effects e1 , e2 , . . . , e15
(i.e., recalculated emission reductions, which are offered to the authority in the
process of negotiation) and needs capital investments I1 , I2 , . . . , I15 . Polluters could
have or could not have economic interests in the realisation of the projects. All
polluters can request the subsidy support from the authority A. The authority has no
information about the environmental projects (especially about the economic side
of them and has no possibility of computing minimal capital investment subsidies
to be required from the fund in the experiment (= minimum subsidies required to
justify the investments) D1 , D2 , . . . , D15 .
The problem is solved over several time periods. The vector of payments (fees)
p per unit of pollution is supposed to be constant within one negotiation process
(but could be changed for a new negotiation process). In our case, the payments
were taken from environmental laws of the country. In the time period t polluters
Pi request the subsidy support R(t,r) i , i = 1, 2, . . . , 15. In the time period t, there
are realised r negotiation rounds. In the rounds, the authority A states and proposes
a unit of the subsidy support per unit reduction of recalculated emissions d(t,r) .
Polluters Pi request the subsidy Support R(t,r) i , i = 1, 2, . . . , 15, based on their
computations. The minimum subsidy required to justify the investment Di and
requested subsidy supports in time periods and rounds R(t,r) i can be different. But
the requested subsidy support must be greater or equal to the minimum subsidy
required to justify the investment.
One goal is to achieve the best distribution of subsidy support from the fund F
to polluters. The criterion of that is to minimise the subsidy per one unit of positive
A PROCEDURE FOR NEGOTIATING POLLUTION REDUCTION 111
environmental effect (or to maximise positive environmental effect per one unit of
subsidy), given a requirement for pollution reduction of the amount E in the region.
The negotiation process is described in the following steps:
(a) To start the negotiation process let us set time period t = 1.
(b) The authority A states the unit payments pj (which were taken from the
Czech environmental law and they were fixed for all rounds), for pollutants
j = 1, 2, . . . , 5, and computes the amount of the fund in the time period t = 1
using Eq. (1)
15
5
F (1) = pj zij(1) (1)
i=1 j =1
(c) Polluters Pi , compute the minimum subsidy required to justify the invest-
ment Di . The minimum subsidy required depends on the unit payment pj and
economic parameters of the project.2
(d) In the time period t a negotiation round r is realised. Polluters propose environ-
mental projects. Polluters give information about the reduction of recalculated
pollution ei and request the subsidy support R(t,r)
i .
(e) The authority evaluates information from polluters (ei , R(t,r)
i ), i = 1, 2, . . . , 15,
and sorts projects by the requested subsidy support per unit of environmental
effect
(t,r) (t,r) (t,r)
R[1] R[2] R[15]
... (2)
e[1] e[2] e[15]
where the brackets indicate positions in sequence. Thus [i] = j means that
(t,r)
R
polluter j is in position i in the sequence of values e[i][i] .
(f) It is possible to subsidize only some polluters (scarcity of the resources in the
fund). It is assumed that the last supported polluter is in place k in the above
sequence. Then (3) holds
[k]
(t,r)
R[i] F (t ) (3)
[i]=[1]
We denote the rest of the unused amount of the fund S (there is not a possibility
to provide only a part of the subsidy required by the last polluter the step-wise
function problem) in the time period t as
[k]
(t,r)
S (t ) = F (t ) R[i] (4)
[i]=[1]
The rest of unused sources in the time period t could be transferred to the next
time period t + 1.
112 PETR AUER ET AL.
The authority sets and proposes the unit subsidy support d(t,r) , which is the
same for all polluters. (For alternative strategies used in the suggested negoti-
ation process see auer et al. 1998). Polluters evaluate the subsidy supports. If
it is the last round of negotiations in the time period t, the process proceeds to
the step g. If it is not the last round, than we set r = r + 1 and proceed to the
step (d).
(g) A discussion of the proposed solution from the point of view of the entire
region takes place. The proposed solution is accepted from an environmental
point of view if the environmental target E is met, i.e., if (5) holds
[k]
e[i] E. (5)
[i]=[1]
If the proposed solution is accepted from the environmental point of view the
agreements can be concluded and the negotiation process ends. A solution
meeting (5) may not exist; i.e., in cases where the negotiated result is not
accepted from an environmental point of view, it will continue from step (a) for
additional time period(s) until the environmental targets are met. Alternatively,
the whole negotiation process could also be repeated with modified payments.
This was not the case in the experiment reported here since the environmental
target was achieved in the first time period.
Note: Computed subsidy was CZK 0.104 thousand for marginal (closing) unit.
the public than with private agents. In the case addressed in this paper, as in many
other similar cases, the transaction costs (estimation of parameters) of applying a
simulation approach may be very high. In such cases experimental approaches are
more efficient and allow testing of various options at relatively low cost (see Easter
et al. 1998).
But the most important result of the experiment is a step toward a verification
of the hypothesis of a possibility to establish the suggested negotiation approach as
a new institution for water quality management in practice.
It might have sense to prepare cases with different shapes of the curve of the
minimum (investment) subsidy per unit of reduced pollution to justify the invest-
ment (for the flat and for the steep ones) and test the robustness of the results
in laboratory experiments. Hypothetically, the results would be more robust if
the curve is steeper and vice versa. But even if the results are not so robust (in
terms of the list of involved polluters) in the case with the flat curve, still the
results should be relatively cost-effective. The same problems could be tested when
formulating alternative targets of environmental policy for the experiments under
different segments of the (hyperbolic) curve, i.e., for different slopes of tangents
in different points of the curve. The second approach is more usual for cases using
data from practice.
The results of our experiment are rather special, particularly because the
polluters enter the negotiation process with only one investment option (project).
The situation could be more complex. Let us briefly discuss some of the possi-
bilities. The polluters could have several alternative options how to contribute to
solving the given problem. In this case they could select the most efficient one and
enter the negotiation. The polluters (understood as independent economic subjects)
could offer several (non-alternative) projects and try to negotiate support for all of
them.
The options of single polluters also could depend (technically, economically) on
solutions of the other polluters. Then two (trees of) situations could be discussed.
The first ones are non-cooperative cases when the polluters do not cooperate
on creating some common solution. In this case the problem has a character of
solving the Nash equilibrium point in a non-cooperative game. The second ones
are cooperative cases when the polluters cooperate on creating some common
solution(s). In this case the problem has characteristics of searching for a nucleus
of a cooperative game. The polluters create coalitions and divide the synergistic
effects of the cooperation. This common solution could be more efficient from
both economic and environmental points of view than isolated solutions realised
by single polluters.
Creating a comprehensive tree of hypothetical possibilities, scholarly discussing
and step-by-step testing them in the experiments could bring interesting results on
how it could work out. But for the future work it seems to be more fruitful to
identify various practical cases in environmental protection and analyse them from
the points of view of the game theory, conflict resolution theories, economics and
A PROCEDURE FOR NEGOTIATING POLLUTION REDUCTION 115
In the age of environmental policy tool mixes, the approach could be discussed
as a tool for initial distributions of pollution rights to be later traded within a system
of tradable pollution permits (for an example of trading with the water quality see
Yandle 1999).
The interests of polluters in this approach seem to be a critical problem. What
would attract them to take part in this kind of solution? Some of them can be
attracted by the possibility of having a chance to receive the financial contribution,
which can be very attractive for some of them because of the surplus over net costs
of abatement. Some of them may also feel that they have a chance to promote better
contacts with authorities. On the other side, there are those subjects, which know
that, most likely, they will (only) pay without a chance of receiving additional
sources. It is not always true in the case where some environmental charges are
already introduced (like it is in the Czech Republic and in some other countries). In
this case polluters that take part in the negotiation process more likely will benefit
from it than suffer a loss. Taking part in some application of the negotiation gives
to polluters a chance to be better prepared for lobbying in the process of preparing
environmental laws because they can learn more about their interests in the field
during a preparation and running the negotiation.
An advantage of the approach seems to be associated with participation of stake-
holders. Non-governmental organisations (NGOs) and other stakeholders could
also play an important role in the negotiation process. They could participate in
preparing the coefficients of harmfulness or they could collaborate with the
authority on ranking the polluters proposals.
The approach is able to stimulate research and development in the field of
environmental protection. It could stimulate searching for already existing tech-
nical solutions on the one hand and create a demand for developing new solutions
for environmental protection on the other hand.
The advantages of the approach might be promoted by institutions like major
banks. Loans in connection with the concept could speed up the process of finding
solutions to environmental problems in a given area and promote cost-effective
allocation of resources together with sources from the loan. In addition, environ-
mental charges reduce the risk of not paying back the loans to a bank. This risk
aversion could lead to better conditions for providing the loans. The loans also
could contribute to other (technical) innovations in a given economy and support
positive structural change in a country or in a region.
Concluding Remarks
Notes
1. Confidentiality has two meanings here. First, it means that there is an information asymmetry
between the authority and the polluters; second, these data were provided based on a confiden-
tiality agreement with some Czech companies and they couldnt be published for this reason in
the chapter, although it would be very useful.
2. The minimum subsidy required to justify the investment Di for polluter Pi was calculated as
Di = Ii P Bimax dCFi . The change of cash flow dCFi includes a change of net profit, which
reflects the impact of reduced payments for the pollution in the case that the investment project
is realised and a change of capital investment depreciation. The maximally acceptable payback
period P Bimax of capital investment Ii was set arbitrarily and reflects standard decision-making
about similar capital investment. For alternative approaches to the calculations of the minimum
subsidies required to justify the investments see Dvork (1993).
3. Although it is a very strong precondition that will be only rarely accomplished in practice,
it is possible that the situation could arise where microeconomic information about solutions
is available to the authority. Independent consulting firms are sometimes able to provide such
information. Firms of this sort exist and create environmental engineering databases, including
items concerning costs of environmental protection solutions. In this case it is possible to think
about several computations on the model for various values of exogenous variables. It could
serve for an appraisal of environmental pollution charges in combination with some principles
of financial support of environmental investments from public financial sources. This compu-
tation could be made on a representative sample of solutions where there is some possibility
to quantify environmental protection costs associated with these solutions. The model enables
(because of the structure of information) the verification of some additional approaches and tools
118 PETR AUER ET AL.
of environmental policy like pollution permit trading. In this case it is, for instance, possible to
derive a supply curve on pollution permits in a region. Availability of at least limited information
about the costs of environmental protection solutions can also significantly help with setting the
(initial) bid by the authority in the negotiation process.
There is one more problem with generating quality microeconomic information about the
environmental protection projects. Corporations typically encounter two major obstacles for
generating and providing environmental information. The first obstacle is that many companies
do not want to make this type of information publicly available. The proposed negotiation
approach enables to overcome this problem because the microeconomic information can be
fruitfully used without requiring that the data be made public. The second problem, based
on the authors experience from the Czech Republic, is that many companies do not generate
environmental information because in the absence of an environmental management system this
type of data collection is expensive.
The Ministry of the Environment has made it possible to realise projects on regional
(decentralised) levels of environmental policies. The rules for such projects are as follows:
It is possible to disregard emission limits for particular pollutants declared by a
prepared law;
It is allowed not to transfer emission fees to the central environmental protection
fund;
It is possible to solve an environmental situation by voluntary negotiation between
major polluters on the part of a river and a local authority. The water emission fees
might be transferred into a local environmental fund and used to support projects
designed to lower water pollution in a given area (part of the river);
The project will ensure at least the same level of water pollution in a given area (part
of the river) as would have resulted from regulatory fiat. The results will be evaluated
on the basis of pollutants taking into account the parameters of the project.
The project assumes that a binding agreement between the central environmental
protection authority and the local authority exists. This agreement maintains that: (1) if
the level of pollution in a given area (part of the river) is decreased to target amounts, the
emission limits and centrally set environmental fees for water pollution will not be applied
in that given area for 10 years. (2) if the agreement between the polluters and the authority
do not come into existence within the declared time period (12 months), the limits and
fees will be put into operation. A penalty of 15% of the fee paid past the due date might
be added.
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