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‘Chilling Effect’ of Three Lost Words Center of EPA Chemicals Shift

Aug. 17, 2018, 7:58 PM

Three missing words.

Three words that the Environmental Protection Agency omitted from a final chemical oversight rule could represent the agency’s policy choice or could be a drafting error.

Either way, their absence means fines or even jail time for anyone who gave the EPA “inaccurate, incomplete, or misleading information” about chemicals. Now the EPA is asking a federal court to delete that provision while it focuses on defending the broader chemical safety rule.

The words—"by a manufacturer"—appeared in the penalties provision of the EPA’s January 2017 proposal describing procedures to decide whether or not a chemical poses an unreasonable ...