The American Chemistry Council’s (ACC) Formaldehyde Panel sent a detailed letter, dated November 4, 2024, to the EPA to bring its attention to “the substantial comments submitted to the EPA from a diverse group of stakeholders and peer reviewers raising major issues with the EPA’s 2024 draft formaldehyde risk assessment.”

 

The ACC alleges the Biden administration is prioritizing political timelines over the Toxic Substances Control Act (TSCA) requirement to use the best-available science in performing risk assessments.

"Unfortunately, EPA is on a path to ignoring the concerns of scientists and stakeholders by rushing forward with a deeply flawed assessment of formaldehyde,” the panel said, according to an ACC press release. “Issuing a midnight TSCA risk evaluation in late December 2024 would demonstrate EPA’s continued disregard for statutory requirements on scientific quality, peer review, and engagement with public and interagency comments. Government agencies like Department of Defense, Department of Agriculture, the Centers for Disease Control, and the Small Business Administration and EPA-selected expert peer reviewers have raised concerns about the shortened timeline, scientific shortcomings, and potential devastating effects of a flawed risk assessment. Despite these concerns, EPA is expected to barrel forward with a rushed process that could bind a future Administration to unnecessary regulations on this building block chemistry rather than a commitment to regulate based on the best available science, as required by TSCA.”

Formaldehyde is a colorless, flammable gas at room temperature that has a strong odor and is found nearly everywhere. People and animals produce and release formaldehyde, and it’s produced when organic materials like leaves, plants, and woodchips decay. Formaldehyde is also produced and released into the air when things burn, such as when cars emit exhaust, when furnaces and stoves operate, and through forest fires, burning candles, and smoking. Finally, formaldehyde is used to make many products, including composite wood products and other building materials, plastics, pesticides, paints, adhesives, and sealants.

“Formaldehyde’s use as a pesticide is also undergoing a separate review under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The FIFRA risk assessment, which addresses the pesticidal uses of formaldehyde, will be released in 2024 on docket EPA-HQ-OPP-2015-0739,” states the EPA formaldehyde risk assessment webpage.

The formaldehyde draft risk assessment wasn’t released as a single document by the Agency. Instead, it was released as several different documents that can be accessed on the formaldehyde risk assessment webpage.

The ACC Formaldehyde Panel’s letter to the EPA says the following topics must be addressed by the Agency before issuing a final regulation:

• Public comments received by the EPA and its peer-review bodies;
• EPA Scientific Advisory Committee Chemicals-identified flaws with the draft formaldehyde risk evaluation;
• Diverse group of stakeholder concerns with the draft formaldehyde risk evaluation;
• Comments to the EPA on the lack of alternatives/substitutes for critical uses of formaldehyde in support of TSCA exemptions that could be established separate from the risk management process;
• Comments to the EPA from federal agencies, state or tribal organizations, and elected officials;
• Recent and forthcoming publications relevant to EPA formaldehyde assessment;
• Industry request for early Small Business Regulatory Enforcement Fairness Act (SBREFA) panel consultation on TSCA formaldehyde review; and
• Interagency coordination and consultation on the final risk evaluation and ahead of the development of proposed risk management.

“We have met with the EPA to express our concerns about this broken process and have sent a letter outlining substantial comments from a diverse group of stakeholders, experts, and peer reviewers,” the ACC press release adds. “These comments raise major issues with the 2024 Draft Risk Evaluation for Formaldehyde as well as the deeply flawed underlying assessment of formaldehyde developed by EPA’s Integrated Risk Information System (IRIS). We urge the EPA to listen to these important voices and prioritize policy over politics on this critical issue, which affects industries ranging from affordable housing to agriculture and modern healthcare. This letter outlines EPA’s requirement under its own regulations, to respond to peer review, interagency, and stakeholder comments on the draft risk evaluation. EPA should go back to the scientific drawing board on formaldehyde instead of pursuing unaccountable lame duck actions that threaten the U.S. economy and key sectors that support health, safety and national security.”