Regulatory Delays: EPA and MSHA Postpone Enforcement on TCE Rule and Silica Exposure for Coal Mines until Summer of 2025

Regulatory Delays: EPA and MSHA Postpone Enforcement on TCE Rule and Silica Exposure for Coal Mines until Summer of 2025

As of April 27, 2025, the U.S. Environmental Protection Agency (EPA) and the Mine Safety and Health Administration (MSHA) have declared regulatory delays on the enforcement of significant regulations to protect public health and worker safety.


EPA’s Trichloroethylene (TCE) Risk Management Rule

In December 2024, the EPA finalized a Toxic Substances Control Act (TSCA) rule to ban most uses of trichloroethylene (TCE), a solvent linked to cancer and neurological disorders. The rule was initially set to take effect on January 16, 2025.

However, multiple legal challenges led to a temporary stay by the Fifth Circuit Court of Appeals on January 13, 2025. The cases were consolidated and transferred to the Third Circuit, which maintained the stay. In response, the EPA postponed the rule’s effective date to March 21, 2025, and later announced a further delay until June 20, 2025, pending judicial review.

The delays have drawn criticism from environmental and public health advocates, who argue that postponing the TCE ban prolongs exposure to a hazardous chemical. Industry groups, however, contend that the rule’s requirements are burdensome and could disrupt critical manufacturing processes.


MSHA’s Silica Exposure Rule for Coal Mines

MSHA’s final rule to reduce miners’ exposure to respirable crystalline silica was set to be enforced on April 14, 2025. The rule lowers the permissible exposure limit to 50 micrograms per cubic meter over an eight-hour shift. However, enforcement has been delayed until August 18, 2025, due to restructuring within the National Institute for Occupational Safety and Health (NIOSH) and related challenges.

The delay has raised concerns among lawmakers and worker safety advocates, who emphasize the rule’s potential to prevent restrictive pulmonary diseases like silicosis. MSHA maintains that the postponement allows for better preparation and compliance assistance for mine operators.


Regulatory Delays: Implications and Reactions

The postponements of these regulations have sparked debate. Supporters of the delays have argued that additional time is necessary for industries to adapt and for agencies to address logistical challenges. Critics, however, warn that the delays compromise health protections and reflect a broader trend of regulatory rollbacks.

As the new enforcement dates approach, Cardinal Compliance Consultants will be closely monitoring developments to assess the impact on public health and industry operations and will provide updates as they become available.

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