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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 Name] 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 ThirdParty Certification Program. The primary function of an EPA-Recognized Product AB is to provide an 

impartial verification of the competency of TSCA Title VI Accredited Third-Party Certifiers (TSCA Title VI 

Accredited TPCs). 

II. Background 

The regulations codified at 40 CFR Part 770, Subpart B, establish a third-party certification program that 

helps 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 certifiers, EPA enters into Recognition Agreements with Product 

ABs that apply to EPA and (1) are signatories to the International 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) demonstrate basic competence to perform 

accreditation activities for product certification according to ISO/IEC Guide 65:1996(E), and (4) 

demonstrate competence to perform accreditation activities for inspection certification 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 assessment 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.
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Product Accreditation Body (Product AB) 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 accredited by an EPA-Recognized Product AB and an EPA-Recognized Laboratory AB 

pursuant to 40 CFR section 770.7(c)(1).

IV. Authority 

Under TSCA Title VI, EPA must promulgate regulations to implement the formaldehyde emission 

standards in a manner that ensures compliance 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 participate 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 section 

770.7(a)(2), the EPA has determined that [Product AB Name] meets 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 accordance 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 770.7(a)(3)(ix); and

2) electronically report 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, the 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] when 
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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 therein. 

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. 

Inquiries 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 Product 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)-(3). 
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X. Notice of EPA’s Authority 

Nothing in this agreement shall be interpreted to curtail EPA’s authority to independently revoke the 

accreditation 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] 

__________________________________