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### TSCA Title VI Third

- Party Certification Program Recognition Agreement between the Office of Pollution Prevention and Toxics of the U.S. Environmental Protection Agency and [Product Accreditation Body ]
I. Purpose The purpose of this Recognition Agreement between the Environmental Protection Agency’s (EPA) Office of Pollution Prevention and Toxics (OPPT) and [Product Accreditation Body N ame] is to recognize [Product Accreditation Body Name] as an EPA

- Recognized Product Accreditation Body (EPA

- Recognized Product AB) working in cooperation with the EPA Toxic Substances Control Act (TSCA) Title VI Third

Party Certification Program. The prima ry function of an EPA

- Recognized Product AB is to provide an impartial verification of the competency of TSCA Title VI Accredited Third

- Party Certifier s ( TSCA Title VI Accredited TPC s ).
II. Background

The regulations codified at 40 CFR Part 770 , Subp art B , establish a third

- party certification program that help s ensure compliance with the formaldehyde emission standards for composite wood products pursuant to the requirements of the Formaldehyde Standards for Composite Wood Products Act, or TSCA Title VI. In order to verify that a Product Accreditation Body (Product AB ) is capable of performing an adequate assessment of third

- party certifier s , EPA enters into Recognition Agreements with Product ABs that apply to EPA and (1) are signator ies to the Inter national Accreditation Forum, Inc. (IAF) and endorsed for the IAF Multilateral Recognition Arrangement (MRA) Level 3 or an equivalent oversight body , (2) conform with International Organization for Standardization (ISO) and International Electrotechnical Commission (IEC) 17011:2004(E) , (3) d emonstrate basic competence to perform accreditation activities for product certification according to ISO/IEC Guide 65:1996(E) , and (4) d emonstrate competence to perform accreditation activities for inspection certifi cation according to ISO/IEC 17020:1998(E)

. III. Definitions
The following definitions can also be found in 40 CFR section 770.3.
Accreditation Body ( AB ) means an organization that provides an impartial verification of the competency of conformity asse ssment bodies such as TPCs.

EPA

- Recognized Product Accreditation Body or EPA

- Recognized Product AB means a Product AB that has a Recognition Agreement with EPA under the TSCA Title VI third

- party certification program.2 Product Accreditation Body (Product A B ) means an accreditation body that accredits conformity assessment bodies to ISO/IEC Guide 65 :1996(E) and ISO/IEC 17020 :1998(E)

. TSCA Title VI Accredited Third

- Party Certifier ( TSCA Title VI Accredited TPC ) means an organization or entity that is accredit ed by an EPA

- Recognized Product AB and an EPA

- Recognized Laboratory A B pursuant to 40 CFR section 770.7(c)(1)

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IV. Authority

Under TSCA Title VI, EPA must promulgate regulations to implement the formaldehyde emission standards in a manner that ensures c ompliance with those standards, including provisions related to a third

- party testing and certification program. In exercising its discretion under the Act, EPA required that third

- party certifiers be accredited by accreditation bodies in order to particip ate in TSCA Title VI Third

- Party Certification Program . Pursuant to the regulations at 40 CFR Part 770, Subpart B and as outlined in the Recognition Agreements, EPA

- Recognized Product ABs will accredit third

- party certifiers for participation in the TSCA Title VI Third

- Party Certification Program and provide an impartial verification of the competency of third

- party certifiers.

V. Basis and Substance of Understanding
After reviewing the information submitted by [Product AB Name] pursuant to 40 CFR sect ion 770.7(a)(2), the EPA has determine d that [Product AB Name] meet s the application requirements for the TSCA Title VI Third

- Party Certification Program

. Pursuant to 40 CFR Part 770, Subpart B , [Product Accreditation Body Name] agrees to:
1) act in acco rdance with all provisions and requirements listed under the EPA

- Recognized Product AB responsibilities at 40 CFR section 770.7 (a)(3) including notifications to the EPA for the activities listed in 40 CFR section 7 70.7(a)(3)(ix); and
2) electronic ally repo rt through the EPA’s Central Data Exchange (CDX) at [Website address] for any reporting requirements under 40 CFR section 770.7(a).
Pursuant to 40 CFR Part 770, Subpart B , t he Office of Pollution Prevention and Toxics as the overseeing EPA Office for TSCA Title VI Third

- Party Certification Program agrees to: 1) recognize [Product AB Name] as an EPA

- Recognized Product AB for the TSCA Title VI Third

- Party Certification Program ; and
2) provide guidance and interpretation, if requested and to the extent possible , for the TSCA Title VI Third

- Party Certification Program protocols and criteria and provide notice to [Product AB Name] when3 the TSCA Title VI Third

- Party Certification Program protocols, criteria, and performance standards have been amended including those listed at 40 CFR section 770.7(a)(3).

VI. Duration of Recognition Agreement
The Recognition Agreement shall be valid for 3 years as stated in 40 CFR section 770.7(a)(2)(ii) and is subject to the renewal provisions stated th erein.

VII. Management and Implementation

The TSCA Title VI Third

- Party Certification Program is managed as a part of the OPPT NPCD Formaldehyde Program.
The responsibility for implementing and support of the program lies with NPCD personnel.

I nquiries concerning the TSCA Title VI Third

- Party Certification Program and this Recognition Agreement can be addressed to the NPCD Implementation Officer for Recognition Agreements at: [Group email address to be determined (e.g., TSCATitleVI@epa.gov)]
VIII. Funding
All costs incurred by [Product AB Name] to accredit third

- party certifiers are the responsibility of [Product AB Name]. Nothing in this Recognition Agreement shall be interpreted to constrain [Product AB Name]’s discretion to recover any costs by assessing fees to TSCA Title VI Accredited TPCs for its services.

IX. Revision or Termination
This Recognition Agreement shall be effective upon signature, and shall remain effective for 3 years, after which time the EPA Recognized Produc t AB will need to reapply via the EPA’s CDX to renew its accreditation in accordance with 40 CFR section 770.7( a )(2)(ii) . The Recognition Agreement may be amended by agreement of both parties at any time prior to its expiration or termination. The parties shall seek to resolve any dispute concerning the Recognition Agreement through good faith discussions

. The Recognition Agreement may be terminated at any time with prompt written notice by [Product AB Name ], or EPA may also suspend, revoke, or modify the Recognition Agreement pursuant to 40 CFR section 770.7( e )(2)

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.4 X. Notice of EPA’s Authority
Nothing in this agreement shall be interpreted to curtail EPA’s authority to independently revoke the

acc reditation of any TSCA Title VI Accredited TPC , inspect or audit any TSCA Title VI Accredited TPC , or otherwise enforce TSCA Title VI.

XI. Implementation Officers for Recognition Agreements
Whenever this Recognition Agreement provides for notice, such notice may be satisfied upon delivery electronically via CDX to the respective Implementation Officers listed below:
[Implementation Officer ] [Organization’s Decision Official]
Via CDX [Enter web address]
Organizational Approval
The following decision officials are authorized to enter into the TSCA Title VI Third

- Party Certification Program Recognition Agreements between EPA and [Product Accreditation Body Name]: Decision Official on Behalf of EPA/OPPT

_________________________ _________ Primary Authorized Official on Behalf of [Product Accreditation Body Name]

_______ ___________________________