Today, the U.S. Environmental Protection Agency (EPA) released the final risk evaluation for formaldehyde under the Toxic Substances Control Act (TSCA). The agency has determined that formaldehyde presents an unreasonable risk of injury to human health under its conditions of use because of acute inhalation and dermal exposures.
This development is a prerequisite of regulation and does not impose any regulatory restrictions. It is still unclear what the EPA’s approach is to formaldehyde donor chemistries.
The agency identified cancer risks due to long-term inhalation of formaldehyde. Of particular concern to ILMA members, it found that the “processing” (incorporation into a formulation, mixture or reaction product) of formaldehyde in lubricating oil and grease manufacturing and lubricant and lubricant additives are uses that significantly contribute to the unreasonable risk. Other applications relevant to the lubricants industry were also identified as sources of unreasonable risk.
The EPA must now propose a rule within one year of publishing this final risk evaluation, and put a final rule into effect within two years.
As ILMA members heard during the LubeTrends Town Hall on November 21, the incoming administration is likely to review this process. However, lawsuits to compel timely action could also arise. ILMA will continue to monitor this issue.
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