On March 15, 2024, the U.S. Environmental Protection Agency (EPA) released a draft risk evaluation for formaldehyde for public comment and peer review. The draft is prepared under the Toxic Substances Control Act (TSCA). The EPA has also announced that it will publish separate documents in the Federal Register in early 2024 to announce the availability of a list of expert reviewers for the peer review.EPA's New Formaldehyde Risk Evaluation Would Lead To Draconian Regulations

In a draft risk evaluation on March 15, the Environmental Protection Agency determined that formaldehyde presents an unreasonable risk to human health. This begins a new regulatory process that could result in stringent new regulations in 2026.

In response, the American Chemistry Council stated that "EPA’s suggested workplace limits are unworkable and ignore practices that are already in place to protect workers" and that the new limits "are 30 times below the recently updated European Union occupational limits of 300 parts per billion, lower than levels that can be detected, and below levels measured in ambient urban air and U.S. residences."

EPA is accepting public comments for 60 days as they rush to finalize the risk evaluation by the end of 2024.
 

Sen. Mike Braun (R-IN) led members of the Indiana delegation in sending a letter to the Environmental Protection Agency’s (EPA) on the impact the newly released draft risk evaluation for formaldehyde would have on critical industries in Indiana. The EPA’s proposal would establish a de facto ban on formaldehyde manufacturing, which disproportionately affects the production and accessibility of epi-pens, metered dose inhalers, seatbelts, electric toothbrushes, crop protection products, wood furniture, and funeral home services and departs from the international consensus on formaldehyde. More Hoosiers are employed in manufacturing than any other industry.

The lawmakers wrote:  

“We write to you today regarding the U.S. Environmental Protection Agency’s (EPA) newly released draft risk evaluation for formaldehyde under the Toxic Substances Control Act (TSCA). As you may know, formaldehyde is a “building block” chemical that has diverse applications throughout the Hoosier State in agriculture, automotive manufacturing, building and construction, consumer goods, and healthcare…

We believe that Congress and the Administration should encourage, not hinder, the expansion of America’s critical manufacturing sectors, and we understand that regulatory certainty is critical to assisting this imperative.”

Senator Braun’s letter to the EPA was cosigned by members of the Indiana delegation including Sen. Todd Young, Rep. Mrvan, Rep. Baird, Rep. Spartz, Rep. Pence, Rep. Banks, Rep. Bucshon, Rep. Yakym, and Rep. Houchin.