EPA Cites TSCA In Fight Over 'Continuing' Violations In Key Reporting Case

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The Environmental Protection Agency is resisting industry charges that its landmark penalty for failing to disclose the results of a health and safety study was time-barred, arguing in a recently submitted brief that Congress clearly intended the Toxic Substances Control Act (TSCA) to define such violations as "continuing" and subject to daily penalties for each day the violation occurred -- a dispute that follows a similar case regarding OSHA's view of "continuing violations" of OSHA's recordkeeping rule.

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