As the Environmental Protection Agency (EPA) continues its review of formaldehyde (click here to learn more), NFDA is continuing to represent the interests of you, your business and the funeral service profession by meeting with the EPA to discuss the unique role of formaldehyde in funeral service. Lesley Witter, NFDA senior vice president, advocacy said “NFDA is working with the EPA, a scientific consulting firm hired by NFDA to conduct a scientific consulting firm to do an exposure study on formaldehyde to help funeral service better understand how funeral directors, embalmers and other funeral home staff can minimize their exposure to formaldehyde, along with embalming and technical experts, chemical groups, small business entities who may be impacted by the EPA, Congress and the Administration as the EPA conducts the TSCA (Toxic Substances Control Act) formaldehyde risk assessment.” 

The EPA risk evaluation for formaldehyde is a multi-phase process that is expected to last until 2025, likely longer. While the outcomes of the risk evaluation are yet unknown, it is anticipated that a draft risk evaluation will be made available to the public the first half of 2024, with the objective of having a final risk evaluation completed by the EPA by the end of 2024.

In the event EPA identifies an unreasonable risk for formaldehyde, they will develop risk management rules targeting a reduction in risk for the conditions of use that compelled that conclusion. In the event that the conditions of use associated with the funeral service profession are targeted for risk management, the NFDA members (along with other funeral service professionals) could face recommended or required changes to their practices or facilities, on-going monitoring requirements, and even potential restrictions on the use of formaldehyde in their business.

On November 27, NFDA President Dutch Nie, President-elect Chris Robinson, CEO Christine Pepper and Witter met with the Environmental Protection Agency (EPA) regarding their ongoing TSCA review of formaldehyde. The meeting, which was one of NFDA’s many outreach and educational efforts, included discussion on how formaldehyde is used for embalming, explained what embalming is and its history. The NFDA presentation also covered best safety practices funeral directors use, why embalming is important in the community, and the dilution process.

Three NFDA formaldehyde consultants were also included to share studies and scientific background: Dr. Jzyk Ennis with Jefferson State Community College, Dr. Marisa Kreider from Stantec ChemRisk​ and Laura Allen from Stantec ChemRisk.

To date, EPA has issued risk management rules for substances that underwent risk evaluation. For all of these substances, the risk management rules vary, but common themes include:

• Prohibition of consumer uses
• Prohibition of most industrial and commercial uses
• Strict exposure controls and exposure limits for remaining permissible industrial or commercial uses, with strict recordkeeping requirements
• Phase out periods for restricted uses ranging from 180 days to 10 years, depending on the product

This EPA risk assessment is a multi-phase process that is expected to last until 2025, likely longer. We will keep you informed as we continue to engage in this multi-year formaldehyde risk assessment process on your behalf and that of the profession.

As always, we value your opinions as we continue to engage with the EPA on this important issue. There will be plenty of opportunities for you to share your thoughts and questions during this lengthy process. In the meantime, if you have any questions, please contact Lesley Witter, Senior Vice President, Advocacy at lwitter@nfda.org