An investigation of regulatory and voluntary environmental capital expenditures

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An investigation of regulatory and voluntary environmental capital expenditures Derek Johnston * Colorado State University, College of Business, Rockwell Hall, Room 256, Fort Collins, CO 80523, USA Abstract This paper investigates the firm-specific economic consequences of regulatory and voluntary environmental capital expenditures. Using firm-level environmental data, I decompose total environmental capital expenditures into estimates of regulatory and voluntary components. I then examine the relations of regulatory and voluntary envi- ronmental capital outlays with future abnormal earnings, stock prices, and stock returns. As predicted, the empirical analysis reveals that regulatory environmental cap- ital expenditures are negatively associated with future abnormal earnings. Moreover, market-based tests indicate that the regulatory component of environmental capital expenditures is negatively priced. Finally, the results suggest that voluntary environmen- tal capital expenditures and regulatory environmental capital expenditures have differ- ent firm-specific economic consequences. Ó 2005 Elsevier Inc. All rights reserved. Keywords: Environmental expenditures; Environmental regulation; Voluntary efforts; Market valuation 0278-4254/$ - see front matter Ó 2005 Elsevier Inc. All rights reserved. doi:10.1016/j.jaccpubpol.2005.03.002 * Corresponding author. Tel.: +970 491 5102; fax: +970 491 2676. E-mail address: [email protected] Journal of Accounting and Public Policy 24 (2005) 175–206 www.elsevier.com/locate/jaccpubpol

Transcript of An investigation of regulatory and voluntary environmental capital expenditures

  • voluntary components. I then examine the relations of regulatory and voluntary envi-

    * Corresponding author. Tel.: +970 491 5102; fax: +970 491 2676.

    E-mail address: [email protected]

    Journal of Accounting and Public Policy 24 (2005) 175206

    www.elsevier.com/locate/jaccpubpolronmental capital outlays with future abnormal earnings, stock prices, and stock

    returns. As predicted, the empirical analysis reveals that regulatory environmental cap-

    ital expenditures are negatively associated with future abnormal earnings. Moreover,

    market-based tests indicate that the regulatory component of environmental capital

    expenditures is negatively priced. Finally, the results suggest that voluntary environmen-

    tal capital expenditures and regulatory environmental capital expenditures have dier-

    ent rm-specic economic consequences.

    2005 Elsevier Inc. All rights reserved.

    Keywords: Environmental expenditures; Environmental regulation; Voluntary eorts; Market

    valuationAn investigation of regulatory andvoluntary environmental capital expenditures

    Derek Johnston *

    Colorado State University, College of Business, Rockwell Hall, Room 256,

    Fort Collins, CO 80523, USA

    Abstract

    This paper investigates the rm-specic economic consequences of regulatory and

    voluntary environmental capital expenditures. Using rm-level environmental data, I

    decompose total environmental capital expenditures into estimates of regulatory and0278-4254/$ - see front matter 2005 Elsevier Inc. All rights reserved.doi:10.1016/j.jaccpubpol.2005.03.002

  • 1. Introduction

    This paper investigates the rm-specic economic consequences of regula-

    tory and voluntary environmental capital expenditures. Regulatory environ-

    mental expenditures are costs incurred to comply with federal, state, and

    local environmental regulations whereas voluntary environmental expendituresare costs that a rm incurs to exceed compliance (USEPA, 1995a, p. 35). To

    assess the economic consequences of these two components of environmental

    capital expenditures, I examine the relations of regulatory and voluntary envi-

    ronmental capital outlays with future abnormal earnings, stock prices and

    stock returns.

    Regulatory environmental capital expenditures are made in response to

    176 D. Johnston / Journal of Accounting and Public Policy 24 (2005) 175206environmental legislation that is typically command-and-control in nature.

    Command-and-control based regulations specify the processes that rmsshould adopt in order to attain the goals of the legislation (Jae and Palmer,

    1997, p. 610). Consequently, this type of legislation fails to encourage innova-

    tion at the rm level and may force rms to construct inecient pollution con-

    trol facilities, thereby adversely aecting rm productivity (Barbera and

    McConnell, 1990, pp. 5762; Boyd and McClelland, 1999, p. 139). In their

    annual reports and 10-K disclosures, companies often acknowledge that regu-

    latory environmental capital expenditures fail to produce future economic ben-

    ets.1 In other words, rms claim that capital expenditures to comply withenvironmental regulations may represent negative net present value projects.2

    If these claims are true, then I should nd that: (a) regulatory environmental

    capital expenditures (RECAP) are negatively related to future abnormal earn-

    ings; and (b) the capital market values these costs as expenses (assuming mar-

    ket eciency).

    Conversely, due to their exibility, voluntary environmental initiatives may

    lead to the design of innovative pollution control techniques, resulting in pro-

    1 For example, in its 1999 10-K ling, Kerr McGee states: . . .most (regulatory) environmental

    expenditures provide no signicant increases in production capacity, eciency, or revenue. In its

    1990 10-K ling, Temple-Inland acknowledges that capital expenditures made to comply with

    environmental legislation may adversely aect earnings because these projects . . .provide

    minimal, if any, monetary return on investment, and may divert capital from income producing

    activities.2 Regulatory environmental capital expenditures can still represent negative NPV projects even

    though rms may be subject to hefty environmental nes if they do not undertake these capital

    projects. For instance, if a manager is faced with a new environmental regulation that impose a

    capital project on the rm, she/he essentially has two choices: compliance (i.e., the rm undertakes

    the regulatory environmental capital project) or non-compliance (i.e., the rm does not undertake

    the capital project and possibly incurs environmental nes). In this scenario, the NPV of theregulatory capital project could be negative and still be accepted by the manager because its NPV is

    closer to zero than the non-compliance alternative.

  • cess improvements (Khanna and Damon, 1999, pp. 14). In fact, prior research

    suggests that voluntary environmental activities increase future revenues and

    decrease future compliance costs (Epstein, 1996, p. 19). Thus, I predict that

    voluntary environmental capital expenditures (VECAP) are positively associ-

    ated with future abnormal earnings and market value.

    To test these predictions, the empirical analysis consists of three stages.First, I decompose total environmental capital expenditures into estimates of

    regulatory and voluntary components. Specically, I model total environmen-

    tal capital expenditures as a function of rm-level environmental data from

    the Investor Responsibility Research Centers Corporate EnvironmentalProles Directories and the Right-to-Know Networks Toxic Release Inven-tory Database. The variables constructed based on these data are the

    assumed drivers of the regulatory and voluntary components of total environ-

    mental capital expenditures. Accordingly, the sum of the products of the esti-mated coecients from this rst-stage regression multiplied by the rm-level

    values for the corresponding regulatory (voluntary) variables provides esti-

    mates of RECAP (VECAP). However, data availability severely constrains

    the set of voluntary cost drivers. As such, I also consider an alternative proxy

    for voluntary environmental expenditures. In particular, I regress total

    environmental capital expenditures on the regulatory cost drivers and utilize

    the estimated residuals from this regression as proxies for the voluntary

    expenditures.In the second stage of the analysis, I provide evidence concerning the future

    economic benets of regulatory and voluntary environmental capital expendi-

    tures by examining their associations with one-year ahead abnormal earnings.

    Finally, I include market-based tests that investigate the equity valuation of

    RECAP and VECAP.

    The results from the empirical analysis are mixed. As predicted, I nd that

    regulatory environmental capital expenditures are negatively associated with

    future abnormal earnings, stock prices, and stock returns. Moreover, I nd apositive relation between voluntary environmental capital expenditures and

    future abnormal earnings when I use the estimated residuals from the rst-

    stage regression as proxies for the voluntary environmental costs. Also, the

    results suggest that the association between voluntary environmental capital

    outlays and one-year ahead abnormal earnings is signicantly dierent than

    the association between regulatory environmental capital costs and future

    abnormal earnings. Finally, although the relation between voluntary environ-

    mental capital expenditures and market value is not signicant, the capitalmarket appears to value the regulatory and voluntary components of environ-

    mental capital expenditures dierently.

    This paper may be of interest to regulators and academics. Palmer et al.

    D. Johnston / Journal of Accounting and Public Policy 24 (2005) 175206 177(1995, pp. 130131) note that annual spending to protect the environment in

    the United States is at least $100 billion. However, empirical research analyzing

  • the benets of environmental expenditures has been scarce. This paper con-

    tributes to the literature by providing an increased understanding of the

    rm-specic consequences associated with rms regulatory arid voluntaryenvironmental expenditures. In particular, the results appear to bolster the

    claims that regulatory environmental capital expenditures fail to produce eco-

    nomic benets to corporations, while capital expenditures made in response tovoluntary environmental activities provide greater future benets than regula-

    and Spicer, 1983, pp. 530534; Klassen and McLaughlin, 1996, p. 1208; Konar

    and Cohen, 2001, pp. 286288) and its exposure to regulatory environmental

    178 D. Johnston / Journal of Accounting and Public Policy 24 (2005) 175206costs (Barth and McNichols, 1994, pp. 198199; Shane and Spicer, 1995, p.

    503; Blacconiere and Northcut, 1997, p. 170; Campbell et al., 1998, pp. 357

    358; Hughes, 2000, pp. 219220). In addition, some studies document a signif-

    icant association between environmental performance and rm protability(Russo and Fouts, 1997, p. 548).3

    Of the previous environmental research, this paper most closely relates to a

    study by Clarkson et al. (2004, pp. 341350) who investigate the capital market

    pricing of environmental capital expenditures by pulp and paper companies.

    3 Other empirical studies (e.g., Chen and Metcalf, 1980, p. 174; Jaggi and Freedman, 1992, p. 707)

    fail to document signicant associations between environmental performance and nancial

    performance. Konar and Cohen (2001, p. 282) attribute these conicting results to insucient

    sample sizes and lack of objective environmental performance measures. Consistent with the latter

    explanation, Ilinitch et al. (1998, p. 386) acknowledge that there are no generally accepted

    standards for measuring environmental performance. Further, Ilinitch et al. (1998, pp. 403405)tory projects. Moreover, since the results suggest that there are dierent payos

    to the two types of environmental expenditures, requiring disclosures by type

    may provide more information to market participants.

    The remainder of this paper is organized as follows. Section 2 reviews

    related literature and describes the nature of rms environmental expenditures.Section 3 develops the hypotheses. Section 4 discusses the research design, sum-

    marizes the sample selection process, and reports descriptive statistics. Section5 presents the empirical results and Section 6 concludes.

    2. Related research and environmental expenditures

    2.1. Related research

    Prior research examines the impacts of environmental information on rmvalue and nancial performance. A number of these studies report that a firmsstock price includes an assessment of its environmental performance (Shanewarn that existing environmental performance measures are inconsistent and capture dierent

    dimensions of environmental performance and, therefore, may be confusing to stakeholders.

  • audits, voluntarily reduce emissions, implement recycling programs, produce

    environmental annual reports, and participate in voluntary programs spon-

    sored by the EPA and various industry groups.

    From a nancial reporting perspective, voluntary and regulatory environ-

    mental expenditures consist of both operating expenses and capital expendi-

    tures. For example, voluntary environmental operating expenses may include

    environmental audit fees and the costs incurred to produce an environmental

    annual report. Certain Superfund remediation costs, hazardous waste disposal

    costs, and any nes/penalties levied under environmental regulations are exam-

    ples of regulatory environmental operating expenses. Voluntary environmentalcapital expenditures could include the cost of pollution abatement equipment

    needed to meet the goals of voluntary programs. For example, Eastman KodakFor a sample of 29 rms, Clarkson et al. (2004, pp. 342345) report that the

    markets valuation of environmental capital expenditures depends on rmsenvironmental performances. Most notably, environmental capital expendi-

    tures are positively related to market value for low-polluting rms, but not

    for high-polluting rms (Clarkson et al., 2004, pp. 342345). This paper ex-

    tends Clarkson et al. (2004) by decomposing total environmental capital expen-ditures (for a larger sample of rms across many industries) into regulatory and

    voluntary components and analyzing the associations of these two components

    of environmental capital expenditures with future abnormal earnings, stock

    prices, and stock returns.

    2.2. Environmental expenditures

    This paper considers two components of environmental expenditures: a reg-ulatory component and a voluntary component. Regulatory expenditures con-

    stitute a signicant portion of total environmental outlays and include the

    substantial costs related to compliance with federal environmental legislation

    (Hamner and Stinson, 1995, pp. 57). For example, the Superfund Act and

    the Resource Conservation and Recovery Act (RCRA) impose signicant

    remediation and hazardous waste disposal costs on business entities. Addition-

    ally, the Clean Air and Water Acts (CAA and CWA, respectively) require reg-

    ulated corporations to install mandated pollution abatement equipment. Theappendix provides more details concerning these and other environmental

    regulations.

    Voluntary environmental costs are expenditures that a rm incurs to exceed

    compliance in an eort to enhance its corporate image and improve its environ-

    mental performance (USEPA, 1995a, p. 9). Examples of voluntary environ-

    mental expenditures include the costs incurred to conduct environmental

    D. Johnston / Journal of Accounting and Public Policy 24 (2005) 175206 179installed a closed loop dichloromethane recovery system to reduce its emissions

    of the chemical in an eort to meet the goal of EPAs voluntary 33/50 program

  • (USEPA, 1994, p. 4).4 Finally, the cost of pollution abatement equipment to

    reduce sulfur dioxide emissions as required by the CAA amendments consti-

    tutes a regulatory capital expenditure.

    3. Hypothesis development

    pollutants by 33% before the end of 1992 and by 50% before the end of 1995.5 Although environmental regulations rarely force rms to adopt the recommended pollution

    180 D. Johnston / Journal of Accounting and Public Policy 24 (2005) 175206control technology, companies often do so to ease the obtainment of environmental permits and

    reduce regulatory scrutiny (Jae and Palmer, 1997, p. 610).6 Exceptions to command-and-control type legislation are evident in the 1990 Clean Air Act

    Amendments. As noted by Hughes (2000, p. 213) the CAA Amendments allowed utilities toSince they are classied as assets on rms balance sheets, both regulatoryand voluntary environmental capital expenditures should generate subsequent

    economic benets (FASB, 1985, paragraph 25). Analyzing capital expenditures

    in the context of abnormal earnings provides a framework that allows the

    researcher to discern whether expenditures that are recorded as assets generate

    earnings in excess of those implied by the discount rate. In particular, a positive

    (negative) relation between environmental capital expenditures and futureabnormal earnings suggests that the capital expenditures generate earnings

    greater than (less than) those implied by the discount rate.

    While regulatory capital expenditures are necessary to comply with environ-

    mental legislation, such capital projects may not facilitate ecient attainment

    of regulatory goals due to the type of legislation that is in place. Typically, US

    environmental regulations are command-and-control in nature rather than per-

    formance-based, meaning they prescribe both the goals of the legislation as

    well as the processes for attaining those goals (Jae and Palmer, 1997, p.610).5 This type of legislation does not encourage innovation at the rm level

    and may force rms to redesign their production processes in an inecient

    manner. For instance, Barbera and McConnell (1990, pp. 5762) and Boyd

    and McClelland (1999, pp. 132139) provide evidence suggesting that pollution

    abatement capital projects adversely aect plant productivity. Porter (1991, p.

    168) and Palmer et al. (1995, p.120) acknowledge that regulatory standards

    that aim at outcomes rather than methods (i.e., performance-based standards)

    encourage companies to re-engineer their technology, resulting in processesthat not only pollute less but also lower costs and/or improve quality. How-

    ever, the majority of regulatory environmental expenditures are made in

    response to command-and-control type regulations.6 Due to the ineciencies

    resulting from this type of legislation, capital expenditures made in response

    4 The 33/50 program challenged member corporations to reduce the releases of 17 toxicexercise discretion over their strategy to comply with the mandatory reduction of sulfur dioxide

    emissions imposed by the amendments.

  • to environmental regulations may not generate earnings in excess of those

    implied by the discount rate. Consequently, I posit that regulatory environ-

    mental capital expenditures are negatively related to future abnormal earnings

    and that the market values these outlays as expenses:

    Hypothesis 1: Regulatory environmental capital expenditures are negativelyassociated with future abnormal earnings.

    Hypothesis 2: Regulatory environmental capital expenditures are negatively

    associated with market value.

    In contrast to regulatory capital projects, voluntary environmental projects

    may lead to the design of innovative pollution control and waste reduction

    techniques (Khanna and Damon, 1999, pp. 14). Prior research suggests that

    rms may derive several benets from their voluntary environmental initia-tives, such as increasing future sales revenue by attracting green consumers,

    preempting more costly (and less ecient) government legislation, and reduc-

    ing future regulatory costs.

    A 1990 study by Abt Associates suggests that many US consumers are will-

    ing to pay a premium for environmentally sound products (Cairncross, 1992, p.

    192). Voluntary environmental initiatives such as the voluntary reduction of

    toxic releases likely result in cleaner and more ecient production processes.

    Arora and Gangopadhyay (1995, pp. 293300) use a vertical product dieren-tiation model to show that, when consumers incomes increase, rms shouldvoluntarily reduce emissions in order to attract (or retain) environmentally

    conscious consumers. Arora and Cason (1995, p. 283) and Khanna and

    Damon (1999, p. 15) test this assertion empirically by analyzing rm participa-

    tion in EPAs voluntary 33/50 program. Both studies nd that consumer-ori-ented rms are more likely to participate in the 33/50 program. These results

    suggest that rms undertake voluntary environmental activities to enhance

    relations with green consumers.Moreover, rms may voluntarily invest in environmental capital projects in

    an eort to preempt the enactment of more costly, and less ecient, govern-

    ment regulations. Due to their exibility, voluntary environmental initiatives

    likely result in lower costs than would be incurred under mandated pollution

    abatement legislation. Segerson and Miceli (1998, pp. 111127) develop a

    model of the interaction between a regulatory agency and a polluting rm to

    examine voluntary environmental programs. They nd that a sucient condi-

    tion for participation in a voluntary program occurs when the polluting rm isthreatened by the imposition of legislation. Similarly, Maxwell et al. (2000, pp.

    589595) construct a model that shows rms will voluntarily reduce emissions

    when faced with the threat of regulation. They provide empirical support for

    D. Johnston / Journal of Accounting and Public Policy 24 (2005) 175206 181their model by documenting a positive association between the likelihood of

    the enactment of state pollution abatement legislation and the voluntary

  • reduction of statewide TRI emissions. By successfully preempting environmen-

    tal legislation, voluntary environmental capital projects may reduce future

    costs.7

    Lastly, voluntary environmental activities may reduce future environmental

    compliance costs. By investing in cleaner pollution control technology, rms

    can reduce future operating and waste disposal costs.8 Additionally, participa-tion in voluntary programs may result in reduced nes and penalties due to

    improved relations with regulators. Consistent with this assertion, Hemphill

    (1993, pp. 145154) reports that courts often are more lenient on environmen-

    182 D. Johnston / Journal of Accounting and Public Policy 24 (2005) 175206tal oenders that have undertaken voluntary initiatives.

    In sum, prior research supports the notion that voluntary environmental

    projects may increase future earnings. Although Khanna and Damon (1999,

    p. 23) nd that participation in the EPAs voluntary 33/50 program is nega-tively associated with current period ROI, their analyses also reveal that par-ticipation in the program is positively related to the excess of market value

    over book value. These results suggest that although voluntary environmental

    activities impose costs that may not be fully oset in the current period, the

    capital market expects that rms participating in voluntary environmental

    programs will be more protable in the long run (Khanna and Damon,

    1999, p. 22).

    On the other hand, the investment in voluntary pollution control equipment

    may adversely aect earnings. For example, the voluntary reduction of air andwaste-borne emissions may reduce a rms baseline emissions. Since futureenvironmental regulations may require a specied reduction from that baseline,

    voluntarily reducing emissions before the mandated reduction may result in

    more costly production process redesign costs since the most cost-eective

    reductions would have already been made (USEPA, 1995c, p. 69). Ironically,

    this ratchet eect penalizes companies that voluntarily overcomply with

    environmental legislation and rewards companies that do the minimum

    required by law (USEPA, 1995c, p. 69).Nevertheless, I assume that rms are aware of these risks and undertake vol-

    untary environmental capital projects only if the expected benets of these pro-

    7 Given that environmental regulations may target industries, a rm that is not voluntarily

    overcomplying may free-ride o of other rms within its industry that are overcomplying and,

    thus, still benet from the preemption of environmental legislation. Conversely, a single rm that

    does not undertake voluntary initiatives may cause its industry to be targeted for legislation

    regardless of the overcompliance by other rms in its industry. In this case, the relatively clean rms

    would not derive the benets from the preemption of environmental legislation. Segerson and

    Miceli (1998, p. 111) do not consider the complicating eects that free-riding may have on their

    model.8 As one of its capital projects undertaken to meet the goal of EPAs voluntary 33/50 program,

    Inland Steel installed new aqueous cleaning systems at one of its facilities at a cost of approximately$200,000. This eliminated the emission of tetrachloroethylene at the facility, saving Inland

    approximately $37,500 in annual disposal costs (USEPA, 1995b, p. 9).

  • ECAP a a TRI AIR a TRI WATER a TRI SOLIDit 0 1 it 2 it 3 it a4NUMOILit a5NUMCHEMit a6VALPENit

    a7SITESit a8ACTSit a9X3

    j033 50itj1 33 50itj

    XY1

    y1a10yYRyit

    XJ1

    j1a11jINDjit it 1

    i, t denote rm and year, respectively. The variables in Eq. (1) are dened asfollows: ECAP = total environmental capital expenditures (in millions ofjects outweigh their costs. Therefore, I hypothesize a positive relation between

    voluntary environmental capital expenditures and future abnormal earnings. I

    also examine whether the market impounds the subsequent benets associated

    with these capital expenditures into rms share prices. Stated in alternativeform, this study tests the following two hypotheses:

    Hypothesis 3: Voluntary environmental capital expenditures are positively asso-

    ciated with future abnormal earnings.

    Hypothesis 4: Voluntary environmental capital expenditures are positively asso-

    ciated with market value.

    4. Research design, sample and descriptive statistics

    4.1. Research design

    4.1.1. Measurement of regulatory and voluntary environmental capital

    expenditures

    Since rms do not make the distinction between the regulatory and volun-

    tary components of environmental capital expenditures in their annual reportsand 10-K disclosures, I develop a model to estimate these costs. Specically, I

    model total environmental capital expenditures as a function of rm-level envi-

    ronmental data. The variables constructed based on these data are the assumed

    drivers of the regulatory and voluntary components of total environmental

    capital expenditures. Accordingly, the sum of the products of the estimated

    coecients from this rst-stage regression multiplied by the rm-level values

    for the corresponding regulatory (voluntary) variables provide estimates of reg-

    ulatory (voluntary) environmental capital expenditures.In particular, I estimate the following model in pooled cross-section using

    ordinary-least-squares (OLS):

    D. Johnston / Journal of Accounting and Public Policy 24 (2005) 175206 183dollars); TRI_AIR = toxic chemical air emissions (in millions of pounds);

    TRI_WATER = toxic chemical water emissions (in millions of pounds);

  • TRI_SOLID = toxic chemical solid waste emissions (in millions of pounds);

    NUMOIL = number of reported oil spills (larger than 10,000 gallons); NUM-

    CHEM = number of reported chemical spills (larger than 10,000 pounds);

    VALPEN = sum of environmental penalties assessed under nine major envi-

    ronmental laws (in millions of dollars); SITES = current number of Superfund

    sites on the National Priority List (NPL) that the rm has been identied as apotentially responsible party; ACTS = current number of treatment, storage,

    184 D. Johnston / Journal of Accounting and Public Policy 24 (2005) 175206and disposal facilities at which the EPA has required a corrective action;

    33_50 = total emissions of the 17 toxic chemicals covered under the EPAs vol-untary 33/50 program, deated by rm sales; YRy = a dichotomous variable

    that equals one if the observation is from year y, zero otherwise; and INDj = a

    dichotomous variable that equals one if the observation operates in industry j

    (as dened by two-digit SIC code), zero otherwise.

    The rst eight independent variables represent the regulatory cost drivers(RCD). First, although they generally do not exceed legal constraints, I include

    the rms toxic chemical emissions (TRI) in Eq. (1) since rms with higheremission levels are likely to incur higher regulatory pollution control costs

    (IRRC, 1998). However, the type of chemical emission (e.g., air, water, or solid

    waste) likely plays a role in the required regulatory environmental capital

    expenditure.9 Thus, I split TRI into three separate cost drivers: (a) air emis-

    sions (TRI_AIR); (b) water emissions (TRI_WATER); and c) solid waste emis-

    sions (TRI_SOLID).10 Next, I assume that the number of oil and chemicalspills (NUMOIL and NUMCHEM, respectively) drive the capital expenditures

    imposed by the Oil Pollution Act and other environmental regulations.11 The

    dollar value of environmental penalties assessed against the rm (VALPEN)

    provides a measure of the magnitude of compliance problems that a rm has

    experienced under federal environmental regulations. Although nes and pen-

    alties are expensed in the period incurred, companies may be required to under-

    take supplemental environmental projects (SEPs) as a result of their violations.

    Therefore, I include VALPEN to capture any capital costs associated withSEPs.

    Moreover, Barth and McNichols (1994, p. 196) report that the number of

    sites that a rm is identied as a PRP is an appropriate proxy for costs related

    to the Superfund Act. I use the current number of sites (SITES) that are on the

    9 For instance, a US Census Bureau publication reveals that of the $5.8 billion spent on pollution

    abatement capital expenditures in 1999, $3.45 billion was related to air emissions, $1.8 billion to

    water emissions, $0.35 billion to solid waste emissions, and $0.2 billion to multimedia.10 Since TRI emissions include emissions of both regulated and unregulated chemicals, TRI_AIR,

    TRI_WATER, and TRI_SOLID may be noisy drivers of regulatory abatement costs.11 Since it is possible that rms incur environmental capital expenditure for oil and chemical spillsoccurring in previous years, I include year t 1 NUMOIL and NUMCHEM in Eq. (1). Thisalternative specication does not alter the tenor of the results that follow.

  • National Priority List since the Superfund process is lengthy and, therefore, it

    is likely that rms are incurring costs for past violations of Superfund. Finally,

    D. Johnston / Journal of Accounting and Public Policy 24 (2005) 175206 185the current number of facilities that the EPA has required the rm to undertake

    a RCRA corrective action (ACTS) proxies for the capital costs associated with

    the investigation and remediation of treatment, storage, and disposal facilities.

    I assume the RCD variables are the cost drivers for the regulatory componentof environmental capital expenditures; so, I expect these variables to be posi-

    tively associated with ECAP. To support the use of these cost drivers, Table

    1 provides examples of environmental capital expenditures relating to each

    driver.

    The voluntary cost driver, 33_50, is based on the voluntary reduction of the

    toxic chemicals covered under the EPAs 33/50 program, which began in 1988.Under this program, the EPA challenged rms to voluntarily reduce releases of

    17 toxic pollutants by 33% by the end of 1992 and by 50% by the end of 1995.In response to the challenge, corporations such as Eastman Kodak and Inland

    Steel initiated environmental capital projects to voluntarily reduce their emis-

    sions of the 17 chemicals (USEPA, 1994, p. i; 1995b, p. i).

    I obtain the total emissions of the 17 toxic chemicals covered under the 33/

    50 program for each rm-year observation using publicly available data

    from the Right-to-Know (RTK) networks TRI database. Since these emissionsare likely aected by rm size and production levels, I deate the 33_50 emis-

    sions by the corresponding year rm sales. I then calculate the annual changein the 33/50 emissions by subtracting the current years size-adjusted emissionsfrom the previous years size-adjusted emissions. Thus, if a rms 33/50 emis-sions decrease relative to the previous year, then the annual change will be

    positive.

    I assume that rms incur environmental capital expenditures to voluntarily

    reduce their emissions; therefore, I expect the annual change in the size-

    adjusted 33/50 emissions to be positively associated with environmental capital

    expenditures. However, it is likely that rms incur voluntary environmentalcapital expenditures in year t to reduce 33/50 emissions not only in year t

    but also future years. Consequently, I aggregate the annual change in 33_50

    across four time periods: the current year and the following three years. I

    use the sum of these four annual changes in 33_50 as the voluntary cost driver

    in Eq. (1).12

    To mitigate heteroskedasticity as well as coecient bias resulting from

    scale eects, I deate ECAP as well as the regulatory and voluntary cost

    drivers by year t sales. Since Eq. (1) is estimated in pooled cross-section, Iinclude year and industry indicator variables to control for omitted12 The results that follow are not materially aected when I estimate Eq. (1) using only the year t

    annual change in 33_50 as the voluntary cost driver.

  • 186 D. Johnston / Journal of Accounting and Public Policy 24 (2005) 175206time- and industry-specic eects. I measure regulatory environmental capital

    expenditures (RECAP) as the sum of the products of the rm-level values for

    Table 1

    Examples of regulatory and voluntary environmental capital expenditures

    Cost driver Example of related environmental capital expenditure

    TRI_AIR In its 1993 annual report, Pennzoil discloses that it spent $26.6 million on a

    regulatory pollution control project required under the 1990 Clean Air Act

    (CAA) Amendments. Of the 165 CAA-regulated pollutants, 153 are included

    in a rms TRI emissionsTRI_WATER A 2000 study funded by the EPA estimates that regulatory capital expenditures

    on end-of-pipe controls to comply with the Clean Water Act total $3.9 billion

    per year (USEPA, 2000a, p. 8-1)

    TRI_SOLID The estimated yearly costs to comply with the solid waste disposal requirements

    under one subtitle program of the Resource Conservation and Recovery Act

    are estimated at $503 million. Capital compliance expenditures include

    retrotting existing disposal facilities (USEPA, 2000b, p. 5-5)

    NUMOIL Texaco was required to install a leak detection system at one of its facilities at

    a cost of $800,000 following an oil spill in 1993 (USEPA, 1995c, p. 116).

    In the same year, Marathon Oil spent $265,000 to re-pipe some if its renery

    fuel gas lines in response to an oil spill (USEPA, 1995c, p. 116)

    NUMCHEM Texas Instruments was forced to replace its vapor degreaser at a cost of

    $170,000 following an accidental release of Freon (USEPA, 1995d, p. 119)

    VALPEN As a result of a 1993 violation of the Clean Air Act, Sinclair Oil was required

    to not only pay a ne of $105,000 but also to undertake a SEP at a cost of

    $270,000. The purpose of the SEP was to increase SO2 removal at one of

    Sinclairs facilities (USEPA, 1995c, p. 116)SITES Following a violation of the Superfund Act, Scholle Corporation was required

    to retrot underground storage tanks at a cost of $46,200 (USEPA, 1995e,

    p. 101)

    ACTS In addition to the corrective action remediation costs associated with one of its

    treatment, storage, and disposal facilities, American Airlines was forced to

    undertake a $385,000 capital project to install a chrome waste recovery system

    (USEPA, 1998, p. 81)

    D33_50 As one of its capital projects undertaken to meet the goal of EPAs voluntary33/50 program, Inland Steel installed new aqueous cleaning systems at one of

    its facilities at a cost of approximately $200,000 (USEPA, 1995b, p. 9)

    Variables are dened as follows: TRI_AIR = toxic chemical air emissions (in millions of pounds);

    TRI_WATER = toxic chemical water emissions (in millions of pounds); TRI_SOLID = toxic

    chemical solid waste emissions (in millions of pounds); NUMOIL = number of reported oil

    spills (larger then 10,000 gallons); NUMCHEM = number of reported chemical spills (larger

    than 10,000 pounds); VALPEN = the sum of environmental penalties assessed under nine

    major environmental laws (in millions of dollars); SITES = the current number of Superfund

    sites on the National Priority List (NPL) that the rm has been identied as a potentially

    responsible party; ACTS = the current number of treatment, storage, and disposal facilities

    at which the EPA has required a corrective action; and D33_50 = the annual change (year t 1minus year t) in the emissions of the 17 toxic chemicals covered under the EPAs voluntary 33/50program.

  • the RCD variables times their corresponding estimated coecients from

    Eq. (1).13 Likewise, the rm-level value for the voluntary cost driver times its

    estimated coecient from Eq. (1) proxies for the voluntary environmental

    capital expenditures (VECAP).

    4.1.2. Associations with future abnormal earnings

    I test Hypotheses 1 and 3 by examining the relations between current year

    regulatory and voluntary environmental capital expenditures and one-year

    ahead abnormal earnings. In particular, I estimate the following model in

    D. Johnston / Journal of Accounting and Public Policy 24 (2005) 175206 187pooled cross-section using OLS:

    AEit1 b0 b1AEit b2CAPXit b3RECAPit b4VECAPit

    XY1

    y1b6yYRyit

    XJ1

    j1b7jINDjit mit1 2

    The variables in Eq. (2) are dened as follows: AE = abnormal earnings;

    CAPX = capital investment in property, plant, and equipment (net of the scalyears environmental capital expenditures); RECAP = estimated regulatoryenvironmental capital expenditures (tted values based on the RCD variables

    and their related coecients from Eq. (1)); and VECAP = estimated voluntary

    environmental capital expenditures (tted values based on the voluntary cost

    driver and its related coecient from Eq. (1)).

    All other variables are as previously dened. Eq. (2) is based on Dechow

    et al. (1999, p. 15) and Myers (1999, p. 6) who model abnormal earnings as

    a linear function of past abnormal earnings and other information. However,I augment the models developed in those research papers to investigate

    how dierent types of capital expenditures aect abnormal earnings. Capital

    expenditures, net of environmental capital expenditures, are included in Eq.

    (2) to control for other capital outlays. I dene abnormal earnings as

    AEt = Xt rBVt1, where X is earnings before taxes, interest, and depreciationin year t, r is the discount rate, and BV is book value of equity at the end of

    year t 1.14

    13 It is unclear whether the year and industry variables capture regulatory or voluntary

    environmental costs (or a mixture of both). Therefore, I exclude these variables from the

    computations of the regulatory and voluntary components.14 I exclude depreciation from earnings in Eq. (2) since capital expenditures are positively related

    to depreciation expense, a negative component of earnings. Moreover, Myers (1999, pp. 911)

    argues that the income eect of conservative accounting resulting from the use of accelerated

    depreciation methods overstates depreciation expense, thereby reducing future abnormal earnings.

    Also, I add back interest to earnings to avoid a negative mechanical relation between capital

    expenditures and earnings due to nancing costs. Finally, I exclude tax expense to provide ameasure of earnings that more closely approximates operating income; however, including taxes in

    abnormal earnings does not materially aect the results that follow.

  • Following Frankel and Lee (1998, p. 288) and Myers (1999, p. 15) I assign a

    188 D. Johnston / Journal of Accounting and Public Policy 24 (2005) 175206discount rate to each observation based on industry membership (as dened by

    SIC code) and the year of the observation. Specically, I compute the discount

    rate as r(j, t) = rf(t) + rp(j), where r(j, t) is the estimated discount rate for indus-

    try j in year t, rf(t) is the yearly t-bill return in year t, and rp(j) is the risk pre-

    mium for industry j as estimated by Fama and French (1997, pp. 172173).15

    All variables, except the year and industry indicators, are deated by year t

    sales. I expect b3 to be negative and b4 to be positive. Moreover, I predict thatb4 will be greater than b3.

    4.1.3. Market-based tests

    To examine the equity valuation of regulatory and voluntary environmental

    capital expenditures, I estimate the following regression in pooled cross-section

    using OLS:

    PRICEit c0 c1BVXPSit c2EPSit c3CAPXPSit c4RECAPSit

    c5VECAPSit XY1

    y1c6yYRyit

    XJ1

    j1c7jINDjit git 3

    The variables in Eq. (3) are dened as follows: PRICE = share price three

    months after the end of the scal year; BVXPS = book value of equity at the

    end of the scal year, per share (net of the scal years capital investment inproperty, plant, and equipment); EPS = earnings before extraordinary items,

    per share; CAPXPS = capital investment in property, plant, and equipment

    (net of the scal years environmental capital expenditures), per share;RECAPS = estimated regulatory environmental capital expenditures, per

    share; and VECAPS = estimated voluntary environmental capital expendi-

    tures, per share.

    All other variables are as previously dened. Eq. (3) is similar to specica-

    tions in Barth and Clinch (1988, p. 207); Aboody et al. (1999, p. 165); and Blac-

    coniere et al. (2000, p. 242) where book value and earnings per share are

    included as summary measures of accounting information. I expect c4 to benegative and c5 to be positive. Concerning the dierential pricing of the volun-tary and regulatory components, I predict that c5 will be greater than c4.

    Easton (1998, pp. 236242) notes that scale eects may aect inferences

    from price-level regressions and, therefore, returns specications should be

    used whenever possible. Moreover, levels regressions may be susceptible to cor-

    related omitted variables (Skinner, 1996, pp. 394395; Aboody et al., 1999, p.

    166). To address these concerns, I estimate the following equation:15 The mean (median) discount rate over the sample period is 10.30% (10.64%). The results that

    follow do not dier materially when I use constant discount rates of 9%, 10%, 11%, and 12%.

  • RETXit d0 d1DBVXit d2DEBEIit d3DCAPXit d4DRECAPitXY1 XJ1

    D. Johnston / Journal of Accounting and Public Policy 24 (2005) 175206 189 d5DVECAPit y1

    d6yYRyit j1

    d7jINDjit lit 4

    The variables in Eq. (4) are dened as follows: RETX = annual stock return

    (excluding dividends) as reported in CRSP, measured from nine months before

    the end of the scal year through three months after the end of the scal year;

    and EBEI = earnings before extraordinary items.

    All other variables are as previously dened and D denotes annual change.Generally speaking, the returns equation is obtained by rst-dierencing the re-lated price-level regression (i.e., Eq. (3)). Easton and Harris (1991, pp. 2124),

    show that the rst-dierence of book value of equity is current period earnings

    (assuming clean surplus and adjusting returns for dividends). However, this

    relation between earnings and book value is violated since book value is net

    of capital expenditures in Eq. (3). As a result, I use the change in book value

    (net of capital expenditures) as an independent variable in Eq. (4) instead of

    the level of earnings and I exclude dividends from returns. Following prior

    research (Aboody et al., 1999, p. 167), I deate all independent variables,except the year and industry indicators, by beginning market value of equity.

    Consistent with the expectations for the price-level regression, I predict that

    d4 will be negative and d5 will be positive. Moreover, I expect d5 to be greaterthan d4.

    4.2. Sample selection and descriptive statistics

    The sample selection process consists of several phases. First, I gather rm-level values for the RCD variables (except for the TRI variables) from the

    Investor Responsibility Research Centers (IRRC) Corporate EnvironmentalProles Directories. For S&P 500 rms (and for S&P 1500 rms beginning

    in 1999), IRRC collects environmental data from various databases maintained

    by governmental agencies and reports a lagged time-series of these data for

    each rm. To maximize the number of rm-year observations, I obtained the

    1993, 1995, 1998, and 1999 directories, resulting in a sample period of 1988

    1996.16

    Next, I download chemical-specic TRI emission data from the RTK net-

    works TRI database for each rm-year observation in the sample. Based onthis data, I compute the annual change in the yearly size-adjusted emissions

    of the 17 toxic pollutants covered under the EPAs voluntary 33/50 program.

    16 The sample period does not align with the years of the IRRC directories because the directoriesreport lagged rm-level values for the regulatory cost drivers. For example, the 1999 IRRC

    directory contains the necessary environmental data from 1995 and 1996.

  • I then collect environmental capital expenditure data from rms 10-K lingsand annual reports.17 Environmental capital expenditures are available for

    589 observations (107 rms).18 Finally, to be included in the estimation of

    Eqs. (1)(4), observations must have the necessary data from Compustat and

    CRSP. Sample sizes used in the estimation of these equations are shown in

    their respective tables.Table 2 presents descriptive statistics associated with the environmental cost

    drivers and various nancial variables.19 Table 2 reports that the average toxic

    air, water, and solid waste releases are 5.57, 0.51, and 14.19 million pounds,

    respectively. The mean (median) number of oil spills is 0.95 (0) and the mean

    (median) number of chemical spills is 2.00 (1.0). Table 2 also indicates that

    the mean (median) yearly value of penalties assessed against rms is $440,000

    ($40,000). On average, rms have been identied as potentially responsible par-

    ties on 17.95 Superfund NPL sites and have been required to undertake 2.65RCRA corrective actions. Finally, the mean (median) annual reduction in the

    emissions of the 17 33/50 chemicals is 167,000 (7000) pounds. Untabulated

    190 D. Johnston / Journal of Accounting and Public Policy 24 (2005) 175206Pearson correlations among the voluntary and regulatory cost drivers reveal

    that 14 of the 28 correlations among the regulatory cost drivers are positive

    and signicant, whereas the voluntary cost driver is negatively correlated with

    all of the regulatory cost drivers except air emissions, water emissions, and oil

    spills.

    Turning to the nancial variables, rms spend, on average, $67.6 million peryear on environmental capital expenditures. Unreported statistics reveal that,

    on average, environmental capital expenditures represent 0.66% of sales and

    7.95% of the yearly capital investment in property, plant and equipment.20

    17 Typically, those sample rms that report environmental capital expenditures do so under a

    section labeled Environmental Matters. Other sample rms disclose the amount of environ-

    mental capital expenditures in their discussion of all capital expenditures.18 With the exception of the 1999 directory, IRRC collects information regarding the disclosure of

    environmental capital expenditures from rms 10-K lings. I used these data to identify the rmsthat disclose environmental capital expenditures. I reviewed the 10-Ks and annual reports for a

    subset of rms that, according to IRRC, did not disclose their environmental capital expenditures,

    This search did not yield any additional observations.19 The tables report descriptive statistics and regression results based on data that have not been

    ination adjusted. However, the empirical results are not materially aected when I adjust the data

    for ination.20 These descriptive statistics suggest that environmental capital expenditures may generally be

    immaterial. Joshi et al. (2001, pp. 188189) examine the extent to which accounting systems

    correctly classify all costs of environmental compliance. Relying on plant-level data from 55 steel

    mills, they use a translog cost function to estimate regulatory environmental costs that are

    hidden in other accounts. They nd that a $1 increase in the visible cost of environmental

    regulation (i.e., costs that are correctly classied as environmental) results in a $10$11 increase intotal cost at the margin, of which $9$10 is hidden in other accounts. Their results suggest that the

    disclosed amount of environmental capital expenditures may proxy for much larger costs.

  • Table 2

    Descriptive statistics

    Variable N Mean Median Standard deviation

    TRI_AIR 589 5.57 2.08 9.51

    TRI_WATER 589 0.51 0.11 1.41

    TRI_SOLID 589 14.19 2.47 36.68

    NUMOIL 589 0.95 0.00 2.60

    NUMCHEM 589 2.00 1.00 3.98

    VALPEN 589 0.44 0.04 1.62

    D. Johnston / Journal of Accounting and Public Policy 24 (2005) 175206 191For comparison purposes, I report descriptive statistics for rms environ-mental operating expenses (also collected from 10-Ks and annual reports).

    Table 2 indicates that rms spend an average of $191.5 million per year

    on environmental operating expenses. The results from the estimation of

    the decomposition model (discussed in Section 5) yield a mean (median) regu-

    latory environmental capital expenditure of $10.05 ($4.12) million and a

    mean (median) voluntary environmental capital expenditure of $1,270,000

    ($120,000).In terms of the distribution of the sample rms across industries, Table 3

    presents the frequency distribution, by two-digit SIC code, of the 107 rms

    SITES 589 17.95 14.00 16.13

    ACTS 589 2.65 1.00 4.05

    D33_50 589 0.167 0.007 1.015ECAP 589 67.61 27.00 105.17

    EOP 308 191.49 87.00 292.63

    RECAP 589 10.05 4.12 15.19

    VECAP 589 1.27 0.12 3.67

    MV 562 10,435.37 4,261.24 17,814.23

    AE 587 1635.86 563.41 3195.92

    Variables are dened as follows: TRI_AIR = toxic chemical air emissions (in millions of pounds);

    TRI_WATER = toxic chemical water emissions (in millions of pounds); TRI_SOLID = toxic

    chemical solid waste emissions (in millions of pounds); NUMOIL = number of reported oil spills

    (larger than 10,000 gallons); NUMCHEM = number of reported chemical spills (larger than 10,000

    pounds); VALPEN = the sum of environmental penalties assessed under nine major environmental

    laws (in millions of dollars); SITES = the current number of Superfund sites on the National

    Priority List (NPL) that the rm has been identied as a potentially responsible party; ACTS = the

    current number of treatment, storage, and disposal facilities at which the EPA has required a

    corrective action; D33_50 = the annual change (year t 1 minus year t) in the emissions of the 17toxic chemicals covered under the EPAs voluntary 33/50 program (in millions of pounds);ECAP = total environmental capital expenditures (in millions of dollars); EOP = total environ-

    mental operating expenses (in millions of dollars); RECAP = estimated regulatory environmental

    capital expenditures (tted values based on the regulatory cost drivers and their related coecients

    from Eq. (1)), in millions of dollars; VECAP = estimated voluntary environmental capital expen-

    ditures (tted values based on the voluntary cost driver and its related coecient from Eq. (1)), in

    millions of dollars; MV = market value three months after the end of the scal year (in millions of

    dollars); and AE = abnormal earnings (in millions of dollars).

  • industries. This concentration is not surprising, as Levinson (1996, p. 25) notes

    Table 3

    Frequency distribution of observations (by two-digit SIC codes)

    SIC code and industry Number

    of rms

    Number of

    observations

    Percentage of

    observations in sample

    2800: Chemicals 38 187 31.75

    2900: Petroleum Rening 18 119 20.20

    192 D. Johnston / Journal of Accounting and Public Policy 24 (2005) 175206that rms operating in these three industries typically spend more on environ-

    mental capital expenditures (as a percentage of total new capital expenditures)

    relative to rms that operate in other manufacturing industries.

    5. Results

    5.1. Measurement of regulatory and voluntary environmental capital(589 observations) that disclose environmental capital expenditures.21 Most

    notably, Table 3 reveals that the majority of the sample observations

    (70.0%) operate in the chemicals, petroleum rening, and primary metals

    3300: Primary Metals 21 106 18.00

    2600: Paper 14 75 12.73

    2000: Food Products 2 17 2.89

    3700: Transportation 2 12 2.04

    3600: Appliances 2 12 2.04

    3500: Machinery 3 12 2.04

    7 other 2-digit SIC codes 7 49 8.31

    Totals 107 589 100.00expenditures

    Table 4 presents the regression results from the OLS estimation of Eq. (1).22

    Following prior research (Barton, 2001, p. 14; Kothari and Shanken, 1997, p.175), I report standardized coecients in all remaining tables to help assess the

    economic signicance and relative importance of each regressor.23 The ad-

    justed-R2 is 0.30 and TRI_AIR, NUMOIL, NUMCHEM, ACTS, and 33_50

    are positively associated with environmental capital expenditures, while the

    21 Although the utility industry is signicantly impacted by environmental costs, rms operating in

    this industry are not part of my sample because they are not subject to TRI emissions reporting

    requirements.22 In all equations, I control for outliers by deleting observations with an R-student statistic

    greater than three in absolute value. The maximum number of observations deleted from any of the

    equations based on this decision rule is 11.23 Standardized coecients can be interpreted as the eect of a one-standard-deviation change in

    the independent variable on the dependent variable, which is also measured in standard deviations.

  • Table 4

    D. Johnston / Journal of Accounting and Public Policy 24 (2005) 175206 193Decomposition of environmental capital expenditures into regulatory and voluntary components

    ECAPit a0 a1TRI AIRit a2TRI WATERit a3TRI SOLIDit a4NUMOILit a5NUMCHEMit a6VALPENit a7SITESit a8ACTSit

    a9X3

    33 50itj1 33 50itj XY1

    a10yYRyit XJ1

    a11jINDjit it 1coecients on TRI_WATER, TRI_SOLID, VALPEN and SITES are not

    signicant.24

    The results from the estimation of Eq. (1) suggest that the RCD variables

    and the voluntary cost driver capture at least a portion of rms regulatory

    j0 y1 j1

    Independent variable Prediction Standardized coecient t-statistic

    TRI_AIR + 0.108** 2.81

    TRI_WATER + 0.056 1.57

    TRI_SOLID + 0.006 0.15

    NUMOIL + 0.103** 2.49

    NUMCHEM + 0.115** 2.95

    VALPEN + 0.007 0.19SITES + 0.033 0.80

    ACTS + 0.174** 3.89X3

    j033 50itj1 33 50itj + 0.111** 2.70

    Adjusted R2 0.30

    F-statistic 8.87++

    N 578

    Year and industry indicator variables have been suppressed. All variables, except the year and

    industry variables, are deated by year t sales. The sample period covers 19881996. **, * indicate

    that coecient is signicantly dierent from zero at the 1% and 5% levels (one-tailed tests for

    predicted signs), respectively. ++ indicates that regression model is signicant at the 1% level based

    on the F-statistic. i, t denote rm and year, respectively; ECAP = total environmental capital

    expenditures (in millions of dollars); TRI_AIR = toxic chemical air emissions (in millions of

    pounds); TRI_WATER = toxic chemical water emissions (in millions of pounds); TRI_SOLID =

    toxic chemical solid waste emissions (in millions of pounds); NUMOIL = number of reported oil

    spills (larger than 10,000 gallons); NUMCHEM = number of reported chemical spills (larger than

    10,000 pounds); VALPEN = the sum of environmental penalties assessed under nine major envi-

    ronmental laws (in millions of dollars); SITES = the current number of Superfund sites on the

    National Priority List (NPL) that the rm has been identied as a potentially responsible party;

    ACTS = the current number of treatment, storage, and disposal facilities at which the EPA has

    required a corrective action; 33_50 = the total emissions of the 17 toxic chemicals covered under the

    EPAs voluntary 33/50 program, deated by rm sales; YRy = a dichotomous variable that equalsone if the observation is from year y, zero otherwise; and INDj = a dichotomous variable that

    equals one if observation operates in industry j (as dened by two-digit SIC code), zero otherwise.

    24 Following Belsley et al. (1980, p. 93), I assess collinearity in Eq. (1) using variance ination

    factors (VIFs). All VIFs were less than two, suggesting no evidence of harmful collinearity.

  • and voluntary environmental capital expenditures. To the extent that the

    model does not capture all of the regulatory and voluntary costs, these environ-

    mental expenditures will be measured with error. In particular, due to the lack

    of publicly available data on voluntary environmental cost drivers, it is likely

    194 D. Johnston / Journal of Accounting and Public Policy 24 (2005) 175206that voluntary environmental costs are signicantly understated by the decom-

    position model. Thus, I consider an alternative measurement of VECAP in alater section.

    5.2. Associations with future abnormal earnings

    Table 5 presents summary regression statistics from the OLS estimation

    of Eq. (2), which relates regulatory and voluntary environmental capital

    expenditures to one-year ahead abnormal earnings. The results reveal that

    CAPX is positively associated with one-year ahead abnormal earnings(t = 3.37), suggesting that non-environmental capital expenditures generate

    earnings greater than those implied by the discount rate. Concerning Hypoth-

    esis 1, RECAP is negatively related to one-year ahead abnormal earnings

    (t = 3.01), providing support for the hypothesis that regulatory environmen-tal capital expenditures generate earnings less than those implied by the dis-

    count rate.

    A possible explanation for the negative association between regulatory envi-

    ronmental capital expenditures and one-year ahead abnormal earnings is thatRECAP is a proxy for unrecorded environmental liabilities. If rms with higher

    unbooked environmental liabilities in year t recognize these liabilities (and the

    related expenses) in year t + 1, then one-year ahead net income and abnormal

    earnings will be lower. To address this concern, I rst collect the environmental

    operating expense in year t + 1 for each rm-year observation. This data is

    available for 308 of the 589 rm-year observations. I then add back the

    year t + 1 environmental operating expense to one-year ahead abnormal earn-

    ings, thereby reversing the income eect of the year t + 1 environmental ac-crual.25 Finally, I re-estimate Eq. (2) on the sub-sample using this alternative

    denition of future abnormal earnings. The results (not reported) indicate that

    RECAP is still negatively associated with one-year ahead abnormal earnings

    (t = 2.93).With respect to Hypothesis 3, the association between VECAP and future

    abnormal earnings is not signicant when I base the estimate of voluntary costs

    on the voluntary cost driver and its related coecient from the rst-stage

    25 This procedure assumes that when a rm recognizes an environmental liability it will record the

    associated expense in environmental operating expenses. This assumption seems plausible since anumber of the sample rms describe their environmental operating expenses as those related to

    regulatory remediation and cleanup activities.

  • regression (t = 0.10).26 Still, a t-test reveals that the coecient on VECAP is

    signicantly greater than that on RECAP (t = 2.72). This suggests that the reg-

    ulatory and voluntary components of environmental capital expenditures have

    dierent rm-specic economic consequences.27

    5.3. Market-based tests

    Table 6 reports the coecient estimates and t-statistics from the OLS estima-

    tion of Eq. (3), which examines the capital market pricing of environmental cap-

    ital expenditures. Consistent with expectations, BVXPS and EPS are positively

    associated with market value of equity (t = 12.19 and 9.87, respectively). More-

    over, CAPXPS is positively related to share prices (t = 7.31). As predicted in

    Hypothesis 2, RECAPS is negatively associated with stock prices (t = 4.19).However, inconsistent with expectations, VECAPS is not positively associatedwith market value (t = 0.14). Nevertheless, a t-test indicates that the coecienton VECAPS is signicantly greater than the coecient on RECAPS (t = 3.50),

    suggesting that the capital market values voluntary environmental capital

    expenditures dierently than regulatory environmental capital expenditures.

    Table 7 presents summary regression statistics from the returns regression

    D. Johnston / Journal of Accounting and Public Policy 24 (2005) 175206 195(i.e., Eq. (4)). The results indicate that the annual change in BVX is not signif-

    icantly associated with returns (t = 0.53), while the annual change in EBEI is

    positively related to returns (t = 5.14). Further, the change in CAPX is not

    26 Firms likely undertake voluntary environmental capital projects only if the projects yield

    positive returns. Moreover, an exogenous shock that increases earnings may also result in an

    increased investment in voluntary environmental capital projects. Hence, VECAP may be an

    endogenous variable in Eq. (2), resulting in inconsistent OLS estimates.

    To mitigate concerns about endogeneity bias in Eq. (2), I use an approach that is similar to Lev

    and Sougiannis (1996, pp. 113115) who investigate the relation between R&D expenditures and

    operating income using a two-stage least squares approach. Specically, I begin by regressing

    VECAP for rm i on the average industry level of VECAP (IND_VECAP), where industry is

    dened by two-digit SIC code. The unreported results from this estimation reveal that

    IND_VECAP is positively related to VECAP (t = 4.10). I obtain the tted values of VECAP

    from this regression (VECAP*) and use that variable in Eq. (2) instead of VECAP.

    The results from this alternative specication of Eq. (2) are quantitatively similar to those

    documented in Table 5. Specically, VECAP* is not signicantly related to abnormal earnings

    (t = 0.25), while RECAP remains negatively associated with abnormal earnings (t = 2.62).Consequently, it does not appear that endogeneity bias is driving the results from Eq. (2).27 It is also likely that regulatory and voluntary environmental capital expenditures made in year

    t 1 (and previous years) aect abnormal earnings in year t + 1. Unfortunately, this issue isdicult to address due to the strong correlation between RECAP and VECAP in year t and their

    respective counterparts in year t 1. Thus, I sum the environmental expenditures in year t withthose in year t 1 (going back more than one year signicantly reduces the sample size and,therefore, the power of the tests). The results using the sum of the environmental expenditures (i.e.,RECAPt + RECAPt1 and VECAPt + VECAPt1) as independent variables in Eq. (2) are notmaterially dierent from the results documented in Table 5.

  • Table 5

    Associations of regulatory and voluntary environmental capital expenditures with one-year ahead

    abnormal earnings

    AEit1 b0b1AEit b2CAPXitb3RECAPit b4VECAPitXY1

    y1b5yYRyit

    XJ1

    j1b6jINDjit mit1

    2

    196 D. Johnston / Journal of Accounting and Public Policy 24 (2005) 175206Independent variable Prediction Standardized coecient t-statistic

    AE + 0.630** 12.55

    CAPX + 0.113** 3.37signicantly related to returns (t = 0.51).28 Similar to the price-levels regres-sions, the annual change in RECAP is negatively associated with returns

    RECAP 0.065** 3.01VECAP + 0.002 0.10

    Adjusted R2 0.62

    F-statistic 37.04++

    N 569

    Coecient test Prediction t-statistic

    b4 = b3 b4 > b3 2.72##

    Year and industry indicator variables have been suppressed. All variables, except the year and

    industry variables, are deated by year t sales, t-statistics are based on White (1980, pp. 818821)

    standard errors. The sample period covers 19881996. **, * indicate that coecient is signicantly

    dierent from zero at the 1% and 5% levels (one-tailed tests for predicted signs), respectively.##,# indicate that coecients are signicantly dierent from each other at the 1% and 5% levels (one-

    tailed tests for predicted dierences), respectively. ++ indicates that regression model is signicant at

    the 1% level based on the F-statistic. i, t denote rm and year, respectively; AE = abnormal earnings;

    CAPX = capital investment in property, plant, and equipment (net of the scal years environmentalcapital expenditures); RECAP = estimated regulatory environmental capital expenditures (tted

    values based on the regulatory cost drivers and their related coecients from Eq. (1)); VECAP =

    estimated voluntary environmental capital expenditures (tted values based on the voluntary cost

    driver and its related coecient from Eq. (1)); YRy = a dichotomous variable that equals one if the

    observation is from year y, zero otherwise; and INDj = a dichotomous variable that equals one if the

    observation operates in industry j (as dened by two-digit SIC code), zero otherwise.

    I dene abnormal earnings as: AEt = Xt rBVt1; where X is earnings before interest, taxes,depreciation and amortization in year t, r is the discount rate, and BV is book value of equity at the

    end of year t 1. I calculate the discount rate as r(j, t) = rf(t) + rp(j), where r(j, t) is the estimateddiscount rate for industry j in year t, rf(t) is the yearly t-bill return in year t, and rp(j) is the risk

    premium for industry j as estimated by Fama and French (1997, pp. 172173). Industry mem-

    bership is determined by SIC code.

    28 An analysis of annual reports and 10-Ks for a subset of the sample rms reveals that some of

    these rms release estimated (i.e., planned) gures concerning future capital investment. In these

    cases, year t 1 CAPX is not an appropriate proxy for the markets expectation of year t CAPX.This measurement error may be driving the insignicant association between DCAPX and stockreturns. Prior studies examining the market reaction to capital expenditure announcements (e.g.,

    McConnell and Muscarella, 1985, pp. 403404) use the planned dollar amount of capital

    expenditures (if available) to compute unexpected capital investment.

  • Table 6

    Capital market pricing of regulatory and voluntary environmental capital expenditures

    PRICEit c0 c1BVXPSit c2EPSit c3CAPXPSit c4RECAPSit c5VECAPSit

    XY1

    c6yYRyit XJ1

    c7jINDjit git 3

    D. Johnston / Journal of Accounting and Public Policy 24 (2005) 175206 197y1 j1

    Independent variable Prediction Standardized coecient t-statistic

    BVXPS + 0.422** 12.19

    EPS + 0.366** 9.87

    CAPXPS + 0.276** 7.31**(t = 1.74), while the change in voluntary environmental costs is not signi-cantly related to stock returns. Moreover, the coecient on VECAP is signif-

    icantly greater than the coecient on RECAP (t = 1.66).29 To summarize, the

    results from the testing of the market valuation hypotheses are robust to a re-

    turns specication.

    RECAPS 0.129 4.19VECAPS + 0.003 0.14Adjusted R2 0.55

    F-statistic 26.11++

    N 549

    Coecient test Prediction t-statistic

    c5 = c4 c5 > c4 3.50##

    Year and industry indicator variables have been suppressed. t-statistics are based on White (1980,

    pp. 818821) standard errors. The sample period covers 19881996. **, * indicate that coecient is

    signicantly dierent from zero at the 1% and 5% levels (one-tailed tests for predicted signs),

    respectively. ##,# indicate that coecients are signicantly dierent from each other at the 1% and

    5% levels (one-tailed tests for predicted dierences), respectively. ++ indicates that regression model

    is signicant at the 1% level based on the F-statistic. i, t denote rm and year, respectively;

    PRICE = share price three months after the end of the scal year; BVXPS = book value of equity

    at the end of the scal year (net of the scal years capital expenditures), per share; EPS = earningsbefore extraordinary items, per share; CAPXPS = capital investment in property, plant, and

    equipment (net of the scal years environmental capital expenditures), per share; RECAPS =estimated regulatory environmental capital expenditures, per share; VECAPS = estimated volun-

    tary environmental capital expenditures, per share; YRy = a dichotomous variable that equals one

    if the observation is from year y, zero otherwise; and INDj = a dichotomous variable that equals

    one if the observation operates in industry j (as dened by two-digit SIC code) in year t, zero

    otherwise.

    29 It is important to note that since the coecients on voluntary environmental capital

    expenditures in Eqs. (2)(4) are not signicantly dierent from zero (possible due to measurement

    error), the results from the statistical comparison of the coecients on the voluntary and regulatory

    expenditures should be interpreted with caution.

  • Table 7

    Regression of annual stock returns on annual changes in regulatory and voluntary environmental

    capital expenditures

    RETXit d0 d1DBVXit d2DEBEIit d3DCAPXit d4DRECAPit d5DVECAPit

    XY1

    y1d6yYRyit

    XJ1

    j1d7jINDjit lit 4

    Independent variable Prediction Standardized coecient t-statistic

    198 D. Johnston / Journal of Accounting and Public Policy 24 (2005) 1752065.4. Alternative measurement of voluntary environmental capital expenditures

    In the preceding empirical analysis, I estimate voluntary environmental

    costs using a voluntary cost driver and its estimated coecient from Eq. (1).The voluntary cost driver attempts to capture a rms capital investment inthe EPAs voluntary 33/50 program. However, voluntary environmental capitalexpenditures include costs related to not only the 33/50 program but also other

    voluntary activities such as environmental audits and re-engineering of produc-

    tion processes to reduce hazardous waste. Since data availability severely con-

    strains the set of voluntary explanatory variables, the decomposition model

    DBVX + 0.041 0.53DEBEI + 0.296** 5.14DCAPX + 0.031 0.51DRECAP 0.072* 1.74DVECAP + 0.015 0.40Adjusted R2 0.19

    F-statistic 4.82++

    N 438

    Coecient test Prediction t-statistic

    d5 = d4 d5 > d4 1.66#

    Year and industry indicator variables have been suppressed. All independent variables, except the

    year and industry variables, are deated by beginning market value of equity. t-statistics are based

    on White (1980, pp. 818821) standard errors. The sample period covers 19891996. **, * indicate

    that coecient is signicantly dierent from zero at the 1% and 5% levels (one-tailed tests for

    predicted signs), respectively. ##,# indicate that coecients are signicantly dierent from each

    other at the 1% and 5% levels (one-tailed tests for predicted dierences), respectively. ++ indicates

    that regression model is signicant at the 1% level based on the F-statistic. i, t, D denote rm, year,and annual change, respectively; RETX = annual stock return (excluding dividends) as reported in

    CRSP, measured from nine months before the end of the scal year through three months after the

    end of the scal year; BVX = book value of equity (net of the scal years capital expenditures) atthe end of the scal year; EBEI = earnings before extraordinary items; CAPX = capital investment

    in property, plant, and equipment (net of the scal years environmental capital expenditures);RECAP = estimated regulatory environmental capital expenditures; VECAP = estimated volun-

    tary environmental capital expenditures; YRy = a dichotomous variable that equals one if

    the observation is from year y, zero otherwise; and INDj = a dichotomous variable that equals

    one if the observation operates in industry j (as dened by two-digit SIC code) in year t, zero

    otherwise.

  • negatively associated with future abnormal earnings. In addition, I nd a

    positive relation between voluntary environmental capital expenditures andfuture abnormal earning when I use the residuals from a regression of total

    environmental capital expenditures on regulatory cost drivers as proxies for

    the voluntary environmental costs. Further, the results suggest that the associ-

    ation between voluntary environmental capital outlays and one-year ahead

    abnormal earnings is signicantly dierent than the association between regu-latory environmental capital costs and future abnormal earnings.

    The results from the market-based tests are mixed. As predicted, regulatory

    environmental capital expenditures are negatively related to stock prices and

    stock returns. However, inconsistent with predictions, the association between

    voluntary environmental capital expenditures and market value is not signi-

    cant. Still, statistical tests reveal that the capital market appears to value the

    regulatory and voluntary components of environmental capital expenditures

    dierently.The results of this study may apply to the stream of research examining the

    determinants of asset write-downs (and related impairment losses) of property,

    plant and equipment (e.g., Francis et al., 1996, pp. 122128). As shown in thismay not capture a large portion of rms voluntary environmental capitalexpenditures. In fact, Table 2 reports that the mean (median) voluntary envi-

    ronmental capital expenditure is only $1,270,000 ($120,000). This suggests that

    the voluntary cost driver multiplied by its related coecient from Eq. (1) may

    result in a noisy surrogate for voluntary environmental costs.

    I obtain an alternative proxy for voluntary environmental capital expendi-tures from a regression of total environmental capital expenditures on the reg-

    ulatory cost drivers. To the extent that the regulatory cost drivers capture a

    large portion of the rms regulatory capital expenditures, the estimated resid-uals from the OLS estimation of Eq. (1) (excluding the voluntary cost driver

    from the regression) may proxy for voluntary environmental capital expendi-

    tures. The unreported results based on this alternative measurement of VECAP

    are similar to those previously discussed, with the following exception: VECAP

    is positively related to one-year-ahead abnormal earnings (t = 1.85, p < 0.05,one-tailed test). Nevertheless, it remains unclear which proxy is a less noisy

    measure of voluntary environmental capital expenditures.

    6. Conclusion

    This paper examines the rm-specic economic consequences of regulatory

    and voluntary environmental capital expenditures. As hypothesized, the empir-ical analysis reveals that regulatory environmental capital expenditures are

    D. Johnston / Journal of Accounting and Public Policy 24 (2005) 175206 199study, regulatory environmental capital expenditures may not generate earnings

    in excess of those implied by the discount rate and, therefore, a signicant

  • capital expenditures explain more of the asset writedown than voluntary envi-

    ronmental capital expenditures and non-environmental capital expenditures.Moreover, this paper may have public policy implications. Palmer et al.

    (1995, p. 131) note that the attractiveness of environmental regulations shouldbe based on cost-benet analyses. Also, Palmer et al. (1995, p. 120) acknowledge

    that a heavier reliance on performance-based environmental regulations instead

    of command-and-control legislation may lead to more ecient and cost-eec-

    tive production processes at the rm level. This paper sheds some light on the

    economic attractiveness of US environmental programs by examining the

    rm-specic economic consequences (i.e., the net cost) of regulatory and volun-

    tary environmental capital expenditures. Still, it is important to note that the

    empirical analyses in this paper ignore the social benets of corporate invest-ment in environmental protection, such as the reduced negative impact on our

    natural resources as well as reduced mortality rates. Until these positive exter-

    nalities are quantied and incorporated into the analyses, the total benets asso-

    ciated with the investment in environmental protection will be underestimated.

    This study is subject to limitations. First, I must estimate the regulatory and

    voluntary components of environmental capital expenditures. Prior environ-

    mental research provides little guidance for carrying out this estimation and

    the lack of publicly available data constrains the set of regulatory and volun-tary cost drivers. Consequently, measurement error is unavoidable. Second,

    although this studys results suggest that regulatory environmental capitalexpenditures are viewed by the market as current period expenses, Holthausen

    and Watts (2001, pp. 6364) note that researchers should be careful when sug-

    gesting a change in the nancial reporting treatment of a certain type of expen-

    diture based on the results from capital market studies. Still, this study can be

    viewed as merely testing rms claims concerning the economic benets associ-ated with these recorded assets (Barth, 2000, pp. 810). Third, this paper onlyexamines the regulatory and voluntary components of environmental capital

    expenditures. A more useful empirical analysis would involve decomposing

    regulatory and voluntary environmental costs into sub-categories. For exam-

    ple, regulatory costs could be further separated into stop-gap expenditures

    and other regulatory costs such as preventative compliance costs. However,

    the lack of publicly available data makes it dicult to perform that detailed

    of a decomposition of total environmental costs.

    Acknowledgementsportion of the impairment loss may be related to regulatory environmental xed

    assets. As such, future research could explore whether regulatory environmental

    200 D. Johnston / Journal of Accounting and Public Policy 24 (2005) 175206I thank my dissertation committee members, David Guenther, Robert

    McNown, Steve Rock, Phil Shane (co-chair) and Naomi Soderstrom (co-

  • chair), for their support and valuable comments. This paper also beneted

    greatly from the comments of two anonymous reviewers and workshop partic-

    ipants at Colorado State University; the University of Colorado at Boulder;

    the University of New Hampshire; the University of Oregon; the University

    of Utah; and the College of William and Mary. I gratefully acknowledge the

    nancial support of Colorado State University, the Naval Postgraduate Schooland the Leeds School of Business, the Accounting Department, and the Grad-

    uate School at the University of Colorado at Boulder.

    RCRA-regulated hazardous wastes include over 350 dierent commercial

    chemical products as well as other solid wastes.33 Moreover, rms that dispose

    D. Johnston / Journal of Accounting and Public Policy 24 (2005) 175206 20130 Further, Superfund and its related amendments established the Hazardous Substance

    Superfund that can be used by the EPA in the remediation of contaminated sites (Cardwell,

    1999, p. 352). The Superfund is created by taxes imposed upon chemical and petroleum industries,

    an environmental tax on corporations, and general tax revenue (Cardwell, 1999, p. 353).31 PRPs may include current and former owners and operators of the site, generators of the

    hazardous waste, parties who arranged for the disposal of the waste, and those who transported the

    waste to the site (U.S.C., 1980, 9607 (a)(l)(a)(4)).32 RCRA was amended in 1984 pursuant to the Hazardous and Solid Waste Amendments.Appendix A. Summary of major US federal environmental regulations

    A.1. The Superfund Act

    The Comprehensive Environmental, Response, Compensation, and Liabil-

    ity Act (more commonly known as Superfund) empowers the EPA to regulate

    the remediation of inactive and/or abandoned hazardous waste sites.30 Signed

    into law in 1980 and amended in 1986, the Superfund Act allows the EPA to

    identify corporations that contributed to the contamination of a site as poten-

    tially responsible parties (PRPs), thereby holding them liable for the cleanup

    costs of the sites.31 Superfund can be retroactively applied and courts have

    found that it imposes strict as well as joint and several liability (Cardwell,1999, pp. 370372).

    A.2. The Resource Conservation and Recovery Act (RCRA)

    The goals of the Resource Conservation and Recovery Act of 1976 are to

    reduce or eliminate the generation of hazardous wastes and render land dis-

    posal the least favored method for hazardous waste management (Case,

    1999, p. 92).32 As such, RCRA imposes substantial disposal costs by regulatingthe management of hazardous wastes from cradle-to-grave. Specically,33 See Code of Federal Regulations (C.F.R.), Title 40, 261.31, 261.32, and 261.33 for a complete

    list of RCRA-regulated hazardous wastes.

  • of their own hazardous wastes must follow a comprehensive set of regulations

    governing all aspects of their facilities as well as undertake corrective actions

    for the remediation of their hazardous waste disposal sites (Case, 1999, pp.

    202 D. Johnston / Journal of Accounting and Public Policy 24 (2005) 175206119120).

    A.3. The Clean Air Act (CAA)

    The objective of the CAA of 1970 and its 1990 amendments is to protect and

    enhance the nations air resources by controlling air pollution (USEPA, 1995c,p. 86). To rectify air pollution problems, the Act has imposed signicant pro-

    cess redesign costs on certain industries. For example, the CAA requires the

    use of reformulated fuels in US cities with the worst ozone problems (Bhat,

    1996, p. 35). To comply, petroleum-rening rms were forced to incur signi-

    cant process redesign costs (USEPA, 1995c, pp. 8889). In addition, the 1990CAA amendments require the regulation of 189 hazardous air pollutants.34

    Facilities identied as major sources of any of the 189 substances are required

    to install pollution abatement equipment that results in the maximum degree of

    pollution reduction given economic, energy and environmental constraints

    (Brownell, 1999, pp. 181182).

    A.4. The Clean Water Act (CWA)

    The purpose of the CWA is to restore and maintain the chemical, physical,

    and biological integrity of the nations waters (33, U.S.C. 1251 (a)). To thisend, the CWA requires regulated facilities to obtain permits that control dis-

    charges of pollutants into the nations waters and storm sewers.35 Permit hold-ers must monitor their compliance with euent limitations (using the proper

    monitoring equipment and analytical methods) and report the results to the

    appropriate permitting authority (Gallagher, 1999, p. 219). Moreover, the

    CWA regulates the discharge of pollutants into publicly-owned treatmentworks by requiring adherence to various pretreatment standards (Gallagher,

    1999, p. 238).

    A.5. The Oil Pollution Act (OPA)

    In response to the 1989 Exxon Valdez oil spill, Congress passed the Oil Pol-

    lution Act of 1990. OPA requires owners and operators of regulated facilities

    to submit facility response plans that describe their policies and procedures

    34 See CAA 112 (b) for a complete list of the regulated air pollutants.35 Unlike the CAA and RCRA that specically identify the pollutants to be regulated, the CWAs

    denition of a pollutant . . .has been broadly interpreted by the courts to include virtually anymaterial (Gallagher, 1999, p. 209).

  • Enacted in 1986, EPCRA requires rms to increase their disclosure concern-ing hazardous substances to both the public as well as federal, state, and local

    ocials. For example, most manufacturing facilities must submit an annual

    toxic release inventory (TRI) report to the EPA that details the transfers and

    releases of 654 chemicals (Epstein, 1996, p. 254). Pursuant to the amendments

    passed with the 1990 Pollution Prevention Act, these facilities are also required

    to provide information on their recycling and pollution prevention techniques

    for each of the toxic chemicals (Scagnelli, 1999, p. 578). Moreover, manufac-turing facilities must immediately notify local authorities in the event of a

    chemical release, providing information concerning the name of the chemical,

    an estimate of the quantity released, and any known or anticipated health risks

    associated with exposure to the chemical (40 C.F.R. 355.40 (b) (2)).

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