Earlier today, the U.S. Environmental Protection Agency (EPA) released its final Risk Evaluation of formaldehyde under the Toxic Substances Control Act (TSCA). This evaluation builds on years of analysis and stakeholder input, including significant contributions from NFDA.

The findings of the final Risk Evaluation are critical to the funeral service profession. While it confirms the important finding of the draft Risk Evaluation: that the use of formaldehyde for embalming is exempt from regulations under TSCA, potential regulations under other laws and by other agencies could still impact funeral service. NFDA was a strong advocate for this, and our members who attended the 2024 Advocacy Summit truly voiced our concerns and made our voice heard to both Congress and the Administration including the EPA. 

The final Risk Evaluation consists of more than 15 documents and thousands of pages of analysis. NFDA advocacy staff are thoroughly reviewing this information to assess its implications for our profession. We will provide a detailed analysis in the coming days.

What the Final Risk Evaluation Found

The EPA identified risks associated with formaldehyde exposure in several contexts, including workplace environments, consumer products and even residential settings. Formaldehyde emissions from building materials and furniture remain a significant concern.

Importantly for funeral service professionals, the EPA reaffirmed that embalming fluids are excluded from TSCA regulation. This exclusion is based on the definition of “chemical substance” under TSCA, which excludes “any pesticide” regulated by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Embalming fluids, classified as pesticides when used for biological preservation, fall under this exclusion.

However, it is crucial to understand that this exclusion does not eliminate the potential for regulatory impact on funeral service:

• Upstream Risks: Uses of formaldehyde in manufacturing and distribution could still face restrictions or bans, potentially affecting the cost and availability of embalming products.
• Other Regulatory Authorities: Agencies such as OSHA may rely on the EPA’s findings to implement workplace safety regulations.
• The EPA’s prior determination that all uses of formaldehyde pose an “unreasonable risk” remains in effect, signaling that further regulatory action is likely. The evaluation concludes that exposure to formaldehyde does not pose unreasonable risk to the environment, but does pose unreasonable risk to people in 58 of 63 “conditions of use” of the chemical that the agency analyzed, including subjecting all manufacturing, import, processing, distribution in commerce, recycling, disposal and industrial use of formaldehyde and formaldehyde-derived products to potential bans or difficult-to-meet standards for some uses. 
• Of the 58 uses, 50 involve occupational exposures, while the remaining eight deal with dangers to consumers.  

Concerns Raised by Stakeholders

While the final Risk Evaluation incorporates some important revisions based on public and industry feedback, concerns remain. Some groups have raised issues about the EPA’s adherence to statutory requirements, such as using the best available science and ensuring adequate peer review. These perceived shortcomings could lead to overly restrictive regulations that might disproportionately affect funeral service and other industries.

NFDA Advocacy on Behalf of Funeral Service

For over five years, NFDA has been a vocal and effective advocate during the EPA’s formaldehyde review process. Led by NFDA’s Senior Vice President of Advocacy, Lesley Witter, we have engaged with the EPA and other stakeholders to ensure the agency has up-to-date, accurate data and fair representation of funeral service needs.

Notably, NFDA conducted a groundbreaking study on formaldehyde exposure, which was published in the peer-reviewed Journal of Occupational and Environmental Hygiene. This study demonstrated that exposure levels for funeral directors and embalmers are well below current regulatory limits. You can read more about the study here.

In addition, NFDA submitted extensive comments on the draft Risk Evaluation earlier this year. These comments reflected the real-world practices of funeral service professionals and were instrumental in shaping the final Risk Evaluation.

What’s Next

The next phase of the EPA’s process will be to develop draft Management Controls to address formaldehyde risks. These controls will be subject to public review and comment before finalization.

However, the timeline for this process is uncertain. With a new presidential administration taking office soon, there is potential for significant delays or even a complete reevaluation of the process. 

NFDA: Your Trusted Advocate

NFDA remains committed to keeping you informed and advocating for fair, science-based   regulations. We will closely monitor developments and actively engage with the EPA and other agencies to protect the interests of funeral service professionals.

Please watch for further updates and detailed analysis from NFDA in the days ahead. If you have any questions, do not hesitate to contact Lesley Witter, Senior Vice President of Advocacy, at LWitter@NFDA.org. 

Thank you for your continued trust in NFDA.