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1 EO12866_RIN2070-AJ44_Formaldehyde-TPCs-NPRM_ICR_2012-03-12.docx 

2 Draft document as submitted for review under EO 12866/13563. 

3 

4 Supporting Statement for a Request for OMB Review under 

5 the Paperwork Reduction Act 

6 

7 

8 1. IDENTIFICATION OF THE INFORMATION COLLECTION 

9 

10 l(a) Title of the Information Collection 

11 

12 TITLE: Formaldehyde Emissions From Composite Wood Products, Third13 party Certification Framework, Recordkeeping and Reporting – 

14 Proposed Rule (RIN 2070-AJ44) 

15 

16 EPA ICR No.: 2441.01 OMB Control No: 2070-[NEW] 

17 

18 1(b) Short Characterization 

19 

20 The Formaldehyde Standards for Composite Wood Products Act, which established Title 

21 VI of the Toxic Substances Control Act (TSCA), set forth formaldehyde emission standards for 

22 hardwood plywood, particleboard and medium-density fiberboard and directs EPA to promulgate 

23 implementing regulations by January 2013. TSCA Title VI includes a provision directing EPA 

24 to promulgate implementing regulations related to a third-party certification system for 

25 composite wood panels. This consolidated ICR covers the recordkeeping and reporting 

26 requirements for accreditation bodies and third-party certifiers that wish to participate in this 

27 third-party certification program. It is a rule-related ICR for the Notice of Proposed Rulemaking 

28 entitled “Third-Party Certification Framework for the Formaldehyde Standards for Composite 

29 Wood Products Rule.” Additional information collection requests, such as those related to 

30 disclosure requirements for panel producers and product labeling requirements, will be covered 

31 later in a separate ICR. 

32 

33 Some examples of proposed reporting and third-party reporting requirements include: 

34 

35  Product accreditation bodies that wish to participate in the program must submit an 

36 application to become recognized by EPA. 

37  Laboratory accreditation bodies that wish to participate in the program must submit an 

38 application to become recognized by EPA. 

39  Third-party certifiers that wish to participate in the program must submit an application 

40 for accreditation to a recognized product accreditation body and a recognized laboratory 

41 accreditation body. 

42  Recognized product accreditation bodies must submit an annual report to EPA on their 

43 accreditation activities. 

44  Recognized laboratories accreditation bodies must submit an annual report to EPA on 

45 their accreditation activities. 
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46  TSCA Title VI accredited third-party certifiers must submit an annual report to their 

47 accreditation body or bodies (product accreditation body and laboratory accreditation 

48 body, if not the same entity) and to EPA on their TSCA Title VI accreditation activities. 

49 

50 Examples of proposed recordkeeping requirements would include: 

51  Recognized accreditation bodies must retain checklists and other records documenting 

52 compliance with the requirements for systems audits and on-site assessments of third53 party certifiers for as long as the third-party certifier is accredited or for 5 years, 

54 whichever is longer. 

55  A TSCA Title VI accredited third-party certifier must retain a list of panel producers and 

56 their respective product types, including resins used, that it has certified. 

57  A TSCA Title VI accredited third-party certifier must retain records on the results of 

58 inspections, audits, and emission tests conducted for and linked to each panel producer 

59 and product type. 

60  A TSCA Title VI accredited third-party certifier must retain a list of laboratories that they 

61 use, test methods, including test conditions and conditioning time and test results. 

62  A TSCA Title VI accredited third-party certifier must retain records on the methods and 

63 results for establishing test method correlations and equivalence. 

64 

65 The information collected under this ICR would be used by EPA’s Regional 

66 Administrators, the Office of Enforcement and Compliance Assurance (OECA), and/or the 

67 Office of Chemical Safety and Pollution Prevention (OCSPP), as appropriate. Some of the 

68 information would also be made available to the public via the internet. Confidential business 

69 information (CBI) submitted to EPA will be maintained by the Agency pursuant to TSCA § 14 

70 and 40 CFR Part 2. 

71 

72 2. NEED FOR AND USE OF THE COLLECTION

73 

74 2(a) Need/Authority for the Collection

75 

76 The reporting and recordkeeping requirements of this consolidated ICR are implemented 

77 under the authority of TSCA Title VI. TSCA Title VI directs EPA to promulgate regulations, 

78 including provisions relating to “third-party testing and certification” in “a manner that ensures 

79 compliance with the emission standards.” To meet its statutory obligations, EPA must obtain 

80 sufficient information to establish and oversee a credible third-party certification program for 

81 composite wood products. This information will help EPA ensure that all program participants 

82 are carrying out their responsibilities diligently, impartially, and uniformly. The proposed 

83 regulations aim to ensure consistent application of the requirements of TSCA Title VI by using 

84 voluntary consensus standards as requirements, and by leveraging the expertise of international 

85 accreditation bodies. 

86 

87 High quality third-party certifiers are essential in ensuring that domestic and foreign 

88 composite wood panel producers supplying products to the U.S. have adequate quality assurance 

89 and quality control procedures, are adequately testing their products to determine that they are 

90 compliant, and are otherwise acting in manner that is consistent with the requirements of TSCA 

91 Title VI. The reporting and record maintenance requirements in this ICR would help ensure that 
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92 all program participants remain qualified and are held accountable for their activities, and would 

93 allow panel producers to obtain credible TSCA Title VI certifications for their regulated 

94 composite wood products. 

95 

96 2(b) Use of the Data

97 

98 EPA would use the information collected to evaluate the credentials of entities that wish 

99 to participate in the program, oversee compliance with the program requirements, monitor issues 

100 as they arise, and inform interested parties where they can obtain EPA-recognized TSCA Title 

101 VI accreditation and certification services. 

102 

103 

104 3. NON-DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

105 

106 3(a) Non-Duplication 

107 

108 TSCA Title VI assigns the responsibility for promulgating regulations that ensure 

109 compliance with the statutorily established emission standards for formaldehyde from composite 

110 wood products to the EPA Administrator. The information collection requirements addressed in 

111 this ICR are not duplicative of any other Federal requirement. No other Federal agency requires 

112 respondents to report or maintain information on their accreditation or certification activities 

113 related to formaldehyde emissions from composite wood products. 

114 

115 EPA based the framework for this program on other Federal and State third-party 

116 certification systems. However, because the third-party certification framework is necessarily 

117 tailored to the unique TSCA Title VI requirements, these records and reports are the sole source 

118 of information for EPA to rely on in order to determine the number of program participants, 

119 evaluate their credentials, monitor their compliance with the program, determine the number of 

120 panel producers receiving certification services, and evaluate a panel producer’s compliance 

121 history. 

122 

123 3(b) Public Notice Required Prior to ICR Submission to OMB

124 

125 This ICR will be made available to the public for comment through a Federal Register 

126 notice. The public will have 60 days to provide comments. Any comments received will be given 

127 consideration when completing the supporting statement that is submitted to OMB. 

128 

129 3(c) Consultations

130 

131 On numerous occasions during the course of developing the proposed regulation, the 

132 Agency has consulted with the regulated community and the public. These consultations have 

133 been held directly with industry officials and, on an ongoing basis, with owners and operators of 

134 regulated facilities. EPA has also consulted with the California Air Resources Board (CARB), 

135 which operates a similar third-party certification program for formaldehyde standards for 

136 composite wood products that are sold, supplied, or offered for sale in the State of California. 

137 
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138 Since EPA began its regulatory investigation into formaldehyde emissions from pressed 

139 wood products with an Advanced Notice of Proposed Rulemaking (ANPR) published in 2008, 

140 EPA has met on numerous occasions with the composite wood panel and related industries. 

141 These meetings have been in the form of presentations at trade shows and industry association 

142 conferences, and meetings with the Composite Panel Association (CPA), the Hardwood Plywood 

143 and Veneer Association (HPVA), the Kitchen Cabinet Manufacturing Association (KCMA), the 

144 American Home Furnishings Alliance (AHFA), the Business and Institutional Furniture 

145 Manufacturer’s Association (BIFMA), and individual companies. EPA staff have, at the 

146 invitation of potentially regulated manufactures, conducted factory tours and site visits. 

147 

148 EPA convened a Small Business Advocacy Review Panel and hosted two panel outreach 

149 meetings with small entity representatives (SER). Prior to each meeting, EPA distributed 

150 outreach materials to the SERs, and after each meeting the SERs were asked to provide written 

151 feedback on how EPA might reduce regulatory burden on small entities. The Panel received 

152 written comments from the SERs in response to the discussions at the meetings and the outreach 

153 materials. The Panel summarized written and oral comments from the SERs and developed Panel 

154 recommendations in its Panel Report. (See Panel Report of the Small Business Advocacy 

155 Review Panel on EPA’s Planned Proposed Rule Implementing the Formaldehyde Standards for 

156 Composite Wood Products Act (TSCA Title VI), April 4, 2011). 

157 

158 EPA intends to carry out further consultations and outreach with potentially regulated 

159 entities concurrent with the public comment period. These comments will be used to update the 

160 Supporting Statement as needed. 

161 

162 3(d) Effects of Less Frequent Collection

163 

164 EPA has judged that the reporting and recordkeeping requirements of the ICR are the 

165 minimum amount necessary to fulfill its statutory mandate to promulgate regulations on a third166 party certification program that ensure compliance with the emission standards. Although the 

167 third-party certification program is critical to the implementation of TSCA Title VI, EPA cannot 

168 delegate its statutory duty to ensure compliance with TSCA Title VI to third-party certifiers. 

169 Likewise it cannot delegate its oversight duties to accreditation bodies. The reports and records 

170 in this ICR would allow EPA carry out its statutorily delegated roles in program design, 

171 enforcement, and oversight. EPA believes that requiring applications, annual reports, and certain 

172 one-time notifications from the accreditation bodies and third-party certifiers that wish to be 

173 recognized or accredited as program participants would allow EPA to effectively monitor the 

174 program. Annual reports and notifications that are triggered by specific occurrences will allow 

175 EPA to ensure compliance with the emission standards, as required by the statute. EPA believes 

176 that less frequent reporting and failure to require notice of significant events (e.g., a third-party 

177 certifier losing its accreditation) could result in uncertified and noncompliant products being 

178 distributed in commerce. 

179 

180 3(e) General Guidelines

181 
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182 This information collection complies with the guidelines at 5 CFR 1320.5(d)(2). The 

183 exceptions to OMB’s Paperwork Reduction Act Guidelines, and the explanation of why such 

184 characteristics are needed to fulfill the statutory requirements, are described below: 

185 

186 Under the information collection requirements, participating accreditation bodies must 

187 retain applications for accreditation from third-party certifier applicants for 5 years after the date 

188 the third-party certifier’s accreditation terminates. Because this initial application is unlikely to 

189 change, EPA believes the burden associated with maintaining a copy of the application in 

190 electronic form will be minimal. Moreover, the contents of these applications form the basis for 

191 the accreditation body’s ongoing accreditation of the third-party certifier. 

192 

193 Under the information collection requirements checklists and other records documenting 

194 compliance with the requirements for systems audits and on-site assessments of third-party 

195 certifiers must be retained for as long as the third-party certifier is accredited or for 5 years, 

196 whichever is longer. This period corresponds to the statute of limitations period. EPA believes 

197 the accrediting bodies should be required to maintain these records for the statute of limitations 

198 period because these records are the only source of information documenting how the accrediting 

199 body verifies the third-party certifier’s ongoing compliance with the accreditation requirements 

200 for TSCA Title VI accreditation. 

201 

202 A participating third-party certifier’s would be required to maintain the following records 

203 for five years: 1) A list of panel producers and their respective product types, including resins 

204 used, that it has certified; 2) Results of inspections, audits, and emission tests conducted for and 

205 linked to each panel producers and product type; 3) A list of laboratories it uses, test methods, 

206 including test conditions and conditioning time and test results; 4) Methods and results for 

207 establishing test method correlations and equivalence; and 5) A list of panel producers and 

208 products approved for reduced testing. EPA believes it is necessary for a third-party certifier to 

209 keep these records on the panel producers that receive its TSCA Title VI certification services in 

210 order to establish that the panel producers are complying with regulatory requirements and have 

211 earned that third-party certifier’s certification. Because accredited third-party certifiers would be 

212 continually responsible for auditing, testing, and certification of composite wood products, EPA 

213 believes that these records are both necessary to document a third-party certifier’s efforts to carry 

214 out its responsibilities under the program, and useful to the third-party certifiers while they 

215 evaluate products for certification. 

216 

217 There are a number of provisions that would require reporting within a certain number of 

218 days of an occurrence of a specific event. For example, notice that an accredited third-party 

219 certifier has failed to comply with any provision of this section must be provided to EPA within 

220 24 hours of the time the failure is identified. These reporting requirements are not triggered by 

221 the calendar (i.e., they are not required quarterly or at more frequent intervals). Therefore, the 

222 Agency does not believe that these provisions need special justification. Moreover, EPA believes 

223 that unless these notifications are provided within the intervals prescribed in the proposed rule, a 

224 change in circumstances could result in uncertified products being distributed in commerce, in 

225 violation of the statute. 

226 

227 3(f) Confidentiality
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228 

229 Accreditation bodies or third-party certifiers may claim all or part of any information 

230 given to EPA as confidential business information (CBI). EPA handles claims of confidentiality 

231 pursuant to established CBI procedures, as found at Section 14 of TSCA and 40 CFR Part 2, and 

232 the Agency’s TSCA CBI Manual. CBI is also protected under the Freedom of Information Act 

233 (5 USC Section 525). Most of the information requested in the reporting requirements of these 

234 collections is not of a confidential nature. 

235 

236 3(g) Sensitive Questions

237 

238 EPA asks no questions of a sensitive nature. 

239 

240 

241 4. THE RESPONDENTS AND THE INFORMATION REQUESTED

242 

243 4(a) Respondents/NAICS Codes 

244 

245 The primary respondents would be accrediting bodies and third-party certifiers that wish 

246 to participate in the TSCA Title VI third-party certification program. 

247 

248 Third-party certifiers are independent entities that review products, processes or services 

249 to verify that a set of norms, criteria, claims, practices or standards are being met. In this case 

250 the set of standards would be set by EPA in the proposed TSCA Title VI implementing 

251 regulations and would require conformity with specified voluntary consensus standards. 

252 

253 An accreditation body is an organization that provides an impartial verification of the 

254 competency of conformity assessment bodies such as third-party certifiers. Accreditation bodies 

255 are themselves evaluated by their own international oversight bodies to ensure their compliance 

256 with voluntary consensus standards. 

257 

258 The following NAICS codes are relevant: 

259 

260  Engineering services (NAICS code 541330). 

261  Testing laboratories (NAICS code 541380). 

262  Administrative management and general management consulting services (NAICS code 

263 541611). 

264  All other professional, scientific, and technical services (NAICS code 541990). 

265  All other support services (NAICS code 561990). 

266  Business associations (NAICS code 813910). 

267  Professional organizations (NAICS code 813920). 

268 

269 4(b) Information Requested

270 

271 (i) Data Items

272 
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273 The information collection requirements are triggered when an entity desires to 

274 participate in the program either as an accrediting body or a third-party certifier. Entities that 

275 wish to participate in the program and offer services related to TSCA Title VI accreditation or 

276 certification must submit an application. Accreditation bodies would apply to be recognized 

277 through a memorandum of understanding with EPA. Third-party certifiers would then apply to 

278 an EPA-recognized accreditation body to become TSCA Title VI accredited. 

279 

280 Once an accreditation body is recognized or a third-party certifier is TSCA Title VI 

281 accredited, that entity then becomes subject to other reporting, notification, and record keeping 

282 requirements. If an entity were to leave the program, the reporting and notification requirements 

283 would cease, and the record keeping requirements would lapse at the end of the record retention 

284 period. 

285 

286 The proposed recordkeeping requirements and reporting requirements include: 

287 

288 (A) Notifications/Reports. Respondents are required to submit information to EPA to 

289 accomplish the following reporting tasks: 

290 

291  Product accreditation bodies that wish to participate in the program must submit an 

292 application to become recognized by EPA via a memorandum of understanding. The 

293 application must include: 1) The name, address, telephone number, and email address of 

294 a primary contact; 2) Documentation of its International Accreditation Forum Inc., 

295 Multilateral Recognition Arrangement signatory status, or equivalent; 3) If not a domestic 

296 entity, the name and address of an agent for service located in the United States; and 4) A 

297 description of any other qualifications related to its experience in performing product 

298 accreditation of conformity assessment bodies or third-party certifiers. Qualifications 

299 required for applicants include ongoing conformance with International Organization for 

300 Standardization and International Electrotechnical Commission (ISO/IEC) 17011 

301 (including associated recordkeeping and reporting requirements) and demonstrating basic 

302 competence to perform accreditation activities for product certification according to 

303 ISO/IEC Guide 65. 

304 

305  Laboratory accreditation bodies that wish to participate in the program must submit an 

306 application to become recognized by EPA via a memorandum of understanding. The 

307 application would include: 1) The name, address, telephone number, and email address of 

308 primary contact; 2) Documentation of International Laboratory Accreditation 

309 Cooperation Mutual Recognition Arrangement signatory status, or equivalent; 3) If not a 

310 domestic entity, the name and address of an agent for service located in the United States; 

311 and 4) a description of any other qualifications related to the laboratory accreditation 

312 body’s experience in performing laboratory accreditation and inspection certification of 

313 conformity assessment bodies or third-party certifiers. Qualifications required for 

314 applicants include ongoing conformance with ISO/IEC 17011 (including associated 

315 record keeping and reporting requirements) and a demonstration of basic competence to 

316 perform accreditation activities for laboratory accreditation according to ISO/IEC 17025. 

317 

318  Recognized product accreditation bodies would be required to submit an annual report to 
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319 EPA on their accreditation activities. This report would include the number and locations 

320 of systems audits and on-site assessments performed, and the results of accredited third321 party certifier laboratory proficiency testing or inter-laboratory comparisons. 

322 

323  Recognized laboratory accreditation bodies would be required to submit an annual report 

324 to EPA on their accreditation activities. This report would include the number and 

325 locations of systems audits and on-site assessments performed, and the results of 

326 accredited third-party certifier laboratory proficiency testing or inter-laboratory 

327 comparisons. 

328 

329  Recognized product accreditation bodies would be required to forward copies of third330 party certifiers’ applications to EPA at the address identified in the memorandum of 

331 understanding within 90 days of the date of receipt. 

332 

333  Recognized product accreditation bodies would be required to submit notice if it loses its 

334 status as a signatory to the International Accreditation Forum Inc. Multilateral 

335 Recognition Arrangement (or membership in an equivalent organization) within 5 

336 business days of the date that the body receives notice of the loss of its signatory status. 

337 

338  Recognized laboratory accreditation bodies would be required to submit notice if it loses 

339 its status as a signatory to the International Laboratory Accreditation Cooperation Mutual 

340 Recognition Arrangement (or membership in an equivalent organization) within 5 

341 business days of the date that the body receives notice of the loss of its signatory status. 

342 

343  Recognized accreditation bodies would be required to submit notice when it accredits a 

344 third-party certifier within 5 business days of the date that the certifier is TSCA Title VI 

345 accredited. 

346 

347  Recognized accreditation bodies would be required to submit notice that an accredited 

348 third-party certifier has failed to comply with any provision of the regulation within 24 

349 hours of the time the accreditation body identifies the failure. 

350 

351  A recognized accreditation body would be required to submit notice when it suspends or 

352 revokes a third-party certifier’s accreditation within 24 hours of the time that the 

353 suspension or revocation takes effect. 

354 

355  A recognized accreditation body would be required to submit notice of a decision to 

356 make changes in its organizational policies or management structure that could adversely 

357 affect the third-party certifier accreditation program within 30 days of the decision to 

358 make the changes. 

359 

360  Recognized accreditation bodies would be required to provide checklists and other 

361 records documenting compliance with the requirements for systems audits and on-site 

362 assessments of third-party certifiers to EPA within 30 days of request. The records must 

363 be retained for as long as the third-party certifier is accredited or for 5 years, whichever is 

364 longer. 
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365 

366  TSCA Title VI accredited third-party certifiers would be required to supply the following 

367 records to EPA within 30 days of request: 1) A list of panel producers that it has certified 

368 and their respective product types, including resins used; 2) The results of inspections, 

369 audits, and emission tests conducted for and linked to each panel producer and product 

370 type; 3) A list of laboratories it uses, test methods, including test conditions and 

371 conditioning time and test results; and 4) The methods and results for establishing test 

372 method correlations and equivalence. These records must be maintained for 5 years. 

373 

374  If a third-party certifier approves an application for reduced testing, it must notify and 

375 forward copies of the application for reduced testing to EPA within 30 days. 

376 

377 (B) Third-Party Reports. Respondents are required to submit information to entities 

378 other than EPA as follows: 

379 

380  Recognized product accreditation bodies would be required to provide a unique tracking 

381 number (i.e., third-party certified number) to every third-party-certifier it accredits. 

382 

383  Recognized laboratory accreditation bodies would be required, within 15 days of a 

384 request by a third-party certifier or their EPA-recognized product accreditation body, to 

385 forward copies of a third-party certifier’s laboratory application and accreditation 

386 documentation to the applicable EPA-recognized product accreditation body (if the 

387 laboratory accreditation body is not also recognized as a product accreditation body) at 

388 the address identified by the third-party certifier. 

389 

390  Third-party certifiers that wish to participate in the program must submit an application 

391 for accreditation to a recognized laboratory accreditation body and then to a recognized 

392 product accreditation body. The product accreditation body and laboratory accreditation 

393 body may, in some cases, be the same entity. In such cases, the applications can be made 

394 concurrently. The application to the product accreditation would be required to include: 

395 1) The name, address, telephone number, and email address of primary contact; 2) If not 

396 a domestic entity, the name and address of an agent for service located in the United 

397 States; 3) The type of composite wood products that the applicant intends to certify if 

398 accredited; and 4) A description of the third-party certifier’s qualifications including 

399 experience or ability in product certification and complying with ISO/IEC Guide 65 

400 (including associated record keeping requirements); experience in the composite wood 

401 product industry with the specific product(s) the applicant intends to certify, and ability to 

402 inspect and properly train and supervise inspectors pursuant to ISO/IEC 17020 (including 

403 associated record keeping requirements). The application to the laboratory accreditation 

404 would be required to include: 1) The name, address, telephone number, and email address 

405 of primary contact; 2) If not a domestic entity, the name and address of an agent for 

406 service located in the United States; 3) A description of the third-party certifier 

407 laboratory’s qualifications (including contract laboratories), including experience in 

408 performing or verifying formaldehyde testing on composite wood products, experience 

409 complying with ISO/IEC 17025 (including associated record keeping requirements), and 
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410 experience with test method ASTM E-1333-96 (2002) and experience evaluating 

411 correlation between test methods. 

412 

413  TSCA Title VI accredited third-party certifiers must provide their third-party certifier 

414 numbers to any panel producers receiving their TSCA Title VI certification services. 

415 

416  TSCA Title VI accredited third-party certifiers must submit an annual report to their 

417 accreditation body or bodies (product accreditation body and laboratory accreditation 

418 body, if not the same entity) and to EPA on their TSCA Title VI accreditation activities. 

419 The report would include: 1) A list of panel producers that the certifier has certified 

420 during the previous year and their products, including resins used and the average and 

421 range of formaldehyde emissions by panel producer, resin, and product type; 2) A list of 

422 any noncomplying products or events by a panel producer; 3) A list of laboratories and 

423 test methods used by the certifier; and 4) the results of inter-laboratory comparison or 

424 proficiency testing for the laboratories used by the certifier. 

425 

426  TSCA Title VI accredited third-party certifiers would be required to inform their 

427 accreditation body or bodies (product accreditation body and laboratory accreditation 

428 body, if not the same entity) within 30 days of any changes in personnel qualifications, 

429 procedures, or laboratories used by the certifier. 

430 

431  Should a TSCA Title VI accredited third-party certifier withdraw from the program or 

432 lose its accreditation, it would be required to notify all panel producers that receive its 

433 TSCA Title VI accreditation services within 3 business days. 

434 

435  Should a recognized accreditation body be removed or withdraw from the program it 

436 must notify all third-party certifiers that receive its accreditation services within 5 

437 business days. 

438 

439  Third-party certifiers that receive applications from panel producers for reduced testing 

440 must act on those applications within 90 days. 

441 

442 (C) Records. Respondents are required to maintain records as follows: 

443 

444  Recognized accreditation bodies must retain checklists and other records documenting 

445 compliance with the requirements for systems audits and on-site assessments of third446 party certifiers for as long as the third-party certifier is accredited or for 5 years, 

447 whichever is longer. 

448 

449  A TSCA Title VI accredited third-party certifier must retain a list of panel producers that 

450 it has certified and their respective product types, including resins used, for 5 years. 

451 

452  TSCA Title VI accredited third-party certifiers must retain records on the results of 

453 inspections, audits, and emission tests conducted for and linked to each panel producer 

454 and product type for 5 years. 

455 
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456  A TSCA Title VI accredited third-party certifier must retain a list of laboratories that it 

457 uses, test methods, including test conditions and conditioning time and test results for 5 

458 years. 

459 

460  TSCA Title VI accredited third-party certifiers must retain records on the methods and 

461 results for establishing test method correlations and equivalence for 5 years. 

462 

463 (ii) Respondent Activities

464 

465 Typical respondents include accreditation bodies and third-party certifiers that wish to 

466 offer TSCA Title VI accreditation or certification services. All respondents would need to read 

467 the rule and determine which provisions would be applicable to their operations; plan and modify 

468 their procedures to come into compliance with the rule; provide training to appropriate staff; 

469 process, compile, and review information for accuracy and appropriateness; and record, disclose, 

470 and/or report the required information. 

471 

472 

473 5. THE INFORMATION COLLECTION — AGENCY ACTIVITIES, COLLECTION 

474 METHODOLOGY, AND INFORMATION MANAGEMENT

475 

476 5(a) Agency Activities

477 

478 EPA resources would be devoted to reviewing and analyzing data submissions, compiling 

479 and recording data, maintaining hard-copy files of submitted data, auditing and inspecting 

480 facilities, producing audit and inspection reports, responding to public inquiries, providing 

481 regulatory interpretations and developing rulemakings. EPA plans to continue/expand its review 

482 of the use of the Internet to facilitate the transfer of information from EPA to the public. More 

483 specific Agency activities are as follows: 

484 

485  Receive and evaluate applications from accreditation bodies that wish to 

486 participate in the program. 

487 

488  Develop and enter into memoranda of understanding with qualified accreditation 

489 bodies. 

490 

491  Supply a point of contact for each memorandum of understanding for 

492 accreditation bodies to consult with on implementation of the memorandum of 

493 understanding. 

494 

495  Maintain a current and publically available list of recognized accreditation bodies 

496 and accredited third-party certifiers. 

497 

498  Evaluate the annual reports from recognized accreditation bodies and TSCA Title 

499 VI accredited third-party certifiers. 

500 

501  Evaluate all notices received from accreditation bodies and third-party certifiers to 
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502 determine whether further agency action is warranted. 

503 

504 5(b) Collection Methodology and Management

505 

506 While EPA would prepare an application form for accreditation bodies that wish to be 

507 recognized by EPA, the majority of the other information requirements would not require the use 

508 of a specific form or format, except that it must be submitted electronically. 

509 

510 Annual reports, and notifications triggered by a specific occurrences would be submitted 

511 electronically. Records are maintained at EPA by the staff overseeing the TSCA Title VI 

512 program. 

513 

514 5(c) Small Entity Flexibility

515 

516 Small businesses are not exempt from the requirements of TSCA Title VI. The 

517 information collections would apply to all entities that wish to participate in the TSCA Title VI 

518 third-party certification program, regardless of size. EPA has elected to require equal disclosure 

519 by all participating accreditation bodies and third-party certifiers because the third-party 

520 certification program is essential to ensuring compliance with the highly technical requirements 

521 of TSCA Title VI. 

522 

523 5(d) Collection Schedule

524 

525 Most of the reporting activities are triggered by specific events or on an as needed basis 

526 rather than by specific dates, as shown on Table 5-1. 

527 

Table 5-1: Collection Requirements and Schedule 

Ref. # Collection Requirement Collection Schedule 

1 Application to EPA from a product accreditation body When product accreditation 

body wishes to participate in 

the program and every three 

years thereafter for as long as 

it wishes to continue to 

participate 

2 Application to EPA from a laboratory accreditation body When laboratory accreditation 

body wishes to participate in 

the program and every three 

years thereafter for as long as 

it wishes to continue to 

participate 

3 Annual report to EPA from a product accreditation body Annually, on the month its 

memorandum of 

understanding was signed 

4 Annual report to EPA from a laboratory accreditation 

body 

Annually, on the month its 

memorandum of 
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March 12, 2012 Page 13 of 32 

Table 5-1: Collection Requirements and Schedule 

Ref. # Collection Requirement Collection Schedule 

understanding was signed 

5 Copies of third-party certifiers’ applications forwarded 

from a recognized product accreditation body to EPA 

Within 90 days of receipt of 

those applications 

6 A recognized product accreditation bodies must submit 

notice if it loses its status as a signatory to the 

International Accreditation Forum Inc., Multilateral 

Recognition Arrangement (or membership in an 

equivalent organization) 

Within 5 business days of 

being informed of loss of 

status 

7 A recognized laboratory accreditation bodies must submit 

notice if it loses its status as a signatory to the 

International Laboratory Accreditation Cooperation

Mutual Recognition Arrangement (or membership in an 

equivalent organization) 

Within 5 business days of 

being informed of loss of 

status 

8 A recognized accreditation body must submit notice when 

it accredits a third-party certifier 

Within 5 business days of the 

date that the certifier is 

accredited 

9 A recognized accreditation body must submit notice that a 

TSCA Title VI accredited third-party certifier has failed 

to comply with any provision of the regulation 

Within 24 hours of the time 

the accreditation body 

identifies the failure 

10 A recognized accreditation body must submit notice when 

it suspends or revokes a third-party certifier’s 

accreditation 

Within 24 hours of the time 

that the suspension or 

revocation takes effect 

11 A recognized accreditation body must submit notice of a 

decision to make changes in its organizational policies or 

management structure that could adversely affect the 

third-party certifier accreditation program 

Within 30 days of the decision 

to make the changes 

12 A recognized accreditation body must provide checklists 

and other records documenting compliance with the 

requirements for systems audits and on-site assessments 

of third-party certifiers to EPA 

Within 30 days of a request by 

EPA 

13 A recognized product accreditation body must provide a 

unique tracking number to every third-party-certifier it 

accredits 

At the time the third-party 

certifier receives its 

accreditation 

14 An accredited third-party certifier must supply the 

following records to EPA: 1) A list of panel producers 

and their respective product types, including resins used, 

that it has certified; 2) The results of inspections, audits, 

and emission tests conducted for and linked to each panel 

producer and product type; 3) A list of laboratories it 

Within 30 days of request by 

EPA 
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March 12, 2012 Page 14 of 32 

Table 5-1: Collection Requirements and Schedule 

Ref. # Collection Requirement Collection Schedule 

uses, test methods, including test conditions and 

conditioning time and test results; and 4) The methods 

and results for establishing test method correlations and 

equivalence 

15 A recognized laboratory accreditation body must forward 

copies of a third-party certifier’s laboratory application 

and accreditation documentation to the applicable EPArecognized product accreditation body (if the product 

accreditation body is not also recognized as a laboratory 

accreditation body ) at the address identified by the thirdparty certifier 

Within 15 days of a request by 

a third-party certifier or its 

EPA-recognized product 

accreditation body 

16 A third-party certifier that wishes to participate in the 

program must submit an application for accreditation to a 

recognized laboratory accreditation body and then to a 

recognized product accreditation body 

When it desires to become 

accredited to perform TSCA 

Title VI certification services, 

and every two years thereafter 

for as long as it desires to 

continue providing TSCA 

Title VI certification services 

17 A TSCA Title VI accredited third-party certifier would be 

required to provide its third-party certifier number to any 

panel producer receiving its TSCA Title VI certification 

services 

When a panel producer begins 

receiving its services 

18 A TSCA Title VI accredited third-party certifier must 

submit an annual report to its accreditation body or bodies 

(product accreditation body and laboratory accreditation 

body, if not the same entity) and to EPA on its TSCA 

Title VI certification activities 

 Annual, on anniversary of 

accreditation 

19 A TSCA Title VI accredited third-party certifier must 

inform its accreditation body or bodies (product 

accreditation body and laboratory accreditation body) of 

any changes in the personnel qualifications, procedures, 

or laboratories used by the certifier 

Within 30 days 

20 Should a TSCA Title VI accredited third-party certifier 

withdraw from the program or lose its accreditation, it 

would be required to notify all panel producers that 

receive its TSCA Title VI accreditation services 

Within 3 business days 

21 Should a recognized accreditation body be removed or 

withdraw from the program it must notify all third-party 

certifiers that receive its accreditation services 

Within 5 business days 

22 Notify EPA of approval of an application for reduced 

testing forward copies of all approved applications for 

reduced testing to EPA 

Notification with 5 days of 

approval, 

Forward copy of application 
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March 12, 2012 Page 15 of 32 

Table 5-1: Collection Requirements and Schedule 

Ref. # Collection Requirement Collection Schedule 

within 30 days of receipt 

23 Third-party certifiers must act on applications for reduced 

testing 

Within 90 days of receipt of a 

complete application 

528 

529 

530 6. ESTIMATING BURDEN AND COST OF THE COLLECTION 

531 

532 This section estimates the incremental burden of the recordkeeping and reporting 

533 requirements for accreditation bodies (ABs) and third-party certifiers (TPCs) that wish to 

534 participate in the TSCA Title VI third-party certification program for composite wood products. 

535 

536 6(a) Estimating Respondent Burden

537 

538 This ICR presents the estimated annual burden and associated annual costs for the 

539 following information collection components of the third party certification framework: 

540 

541  Accreditation Bodies:

542 o Rule Familiarization: Reading the rule in order to understand the requirements;

543 o Application Submission: Submitting an application to enter into a Memorandum 

544 of Understanding (MOU) with EPA; 

545 o Prepare a MOU: If the application is approved, enter into an MOU with EPA; 

546 o EPA Notification: Provide EPA with notifications in the following instances: 

547 loss of signatory status; TPC application; TPC accreditation; TPC compliance 

548 failure; organization policy or management structure changes that could adversely 

549 affect accreditation program; and provide checklists and other records 

550 documenting compliance with systems audits and on-site assessments; 

551 o TPC Notification: Provide TPCs with notifications if they withdraw or are 

552 removed from the program; 

553 o Recordkeeping: Maintain records documenting TPC accreditation applications, 

554 and checklists and other records documenting compliance with systems audits and 

555 on-site assessments. Applications must be retained for a minimum of five years 

556 from the date that the TPC’s accreditation terminates; and 

557 o Reporting: Provide an annual report to EPA with the number of TPC applications 

558 received; the number of TPCs approved and denied; the names and contact 

559 information of all accredited TPCs; the number and locations of systems audits 

560 and on-site assessments; and the results of accredited TPC proficiency testing and 

561 inter-laboratory comparisons.

562 

563  Third Party Certifiers: 

564 o Rule Familiarization: Reading the rule in order to understand the requirements; 

565 o Application Submission: submitting an application to the accrediting body; 
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March 12, 2012 Page 16 of 32 

566 o Obtain Accreditation: initially obtain accreditation (i.e., to demonstrate 

567 compliance with the relevant ISO/IEC standards and test method ASTM E-1333-

568 96 and experience correlating between test methods); 

569 o Manufacturer Notifications and Recordkeeping: the annual cost of 

570 manufacturer notification and of maintaining records; and 

571 o Accrediting Body Notifications and Reporting: provide an annual report and 

572 other notifications to the accrediting body. 

573 

574 (i) Number of Respondents 

575 

576 The number of domestic accreditation bodies was estimated to be 8, the number of 

577 signatories to the International Accreditation Forum, Inc. (IAF) or the International Laboratory 

578 Accreditation Cooperation (ILAC). Of the 8 domestic accrediting bodies, 4 were determined to 

579 be small. The number of foreign accreditation bodies was estimated to be 17, the number of 

580 signatories for ISO Guide 65, ISO 17020, or ISO 17025 in countries with CARB-approved 

581 TPCs. Based on the small business determinations for domestic accrediting bodies, it is 

582 estimated that 9 of the foreign accrediting bodies are small. 

583 

584 As shown in Exhibit 6-1, CARB has approved a total of 36 TPCs, nine of which are 

585 located in the U.S. (although most U.S. TPCs provide services internationally). Of the nine U.S. 

586 firms, two are classified as “small” based on the U.S. Small Business Administration’s size 

587 standards, two are classified as large, and the small business status could not be determined for 

588 five remaining firms. Thus, it is estimated that half of all TPCs (both foreign and domestic) are 

589 small. It is assumed that there will be 9 domestic TPCs and 27 foreign TPCs in the TSCA Title 

590 VI program, the same as in the CARB program. 

591 

Exhibit 6-1: Summary of CARB-Approved Third Party Certifiers 

Country Where TPC is Located Number of TPCs 

Australia 1 

Austria 1 

Belgium 1 

China 5 

Czech Republic 1 

Denmark 1 

France 1 

Germany 4 

Hong Kong 3 

Indonesia 1 

Italy 3 

New Zealand 1 

Poland 1 

Spain 1 

Sweden 1 

Taiwan 1 

United States 9 

 Total 36 

Source: California Air Resources Board. 2011. List of CARB 

Approved Third Party Certifiers.

592 
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March 12, 2012 Page 17 of 32 

593 Exhibit 6-2 presents a summary of the number of respondents by size and type. 

594 

Exhibit 6-2: Summary of Respondents 

Respondent Type 

Total 

Number of 

Respondents 

Total Number 

of Small 

Respondents 

Domestic Accrediting Bodies 8 4 

Foreign Accrediting Bodies 17 9 

Domestic Third Party Certifiers 9 5 

Foreign Third Party Certifiers 25 13 

595 

596 (ii) Burden Per Respondent 

597 

598 Exhibit 6-3 and Exhibit 6-4 present the estimated per-activity recordkeeping and 

599 reporting burdens for accreditation bodies and third party certifiers, respectively. Exhibit 6-5 

600 summarizes the total hour burden by type of firm. Exhibit 6-5 provides separate estimates for 

601 TPCs that are accredited for all three relevant ISO/IEC standards (Guide 65, 17020, and 17025) 

602 and for those that need to obtain an additional accreditation. The latter group will pay fees to an 

603 accreditation body, which are accounted for as costs in section 6(b)(ii), and described in more 

604 detail there. The recordkeeping and reporting requirements do not differ between TPCs that 

605 have all of their accreditations and those that do not, so the two groups have identical burdens in 

606 Exhibit 6-5. The two groups are listed separately here in order to carry them through the analysis 

607 consistently. 
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March 12, 2012 Page 18 of 32 Exhibit 6-3: Recordkeeping and Reporting Burden for Accreditation Bodies, by Activity 

Activity1

Per Activity Burden Hours Numb

Ann

Activ

(d

Clerical Technical Managerial 

(a) (b) (c) 

1. Rule Familiarization 0.00 5.00 5.00 2. Application Submission 

Company Information (Name, Address, Telephone Number, and Email Address of Primary Contact)2 0.00 0.04 0.02 Documentation of IAF MLA, ILAC MRA, or Equivalent Signatory Status2 0.00 0.04 0.02 Description of Any Other Qualifications Related to Experience in Performing Accreditation of Conformity Assessment Bodies or Third Party Certifiers3 0.00 0.83 0.51 

3. Memorandum of Understanding4 1.00 1.00 4.00 4. EPA Notification 

Loss of Status as a Signatory to the IAF MLA, ILAC MRA, or Equivalent Organization5 0.00 0.08 0.04 Third Party Certifier Applications5 0.00 0.08 0.04 Third Party Certifier Accreditation5 0.00 0.08 0.04 Third Party Certifier Compliance Failure5 0.00 0.08 0.04 Third Party Certifier Accreditation Suspension or Revocation (Product ABs) / Accredited Laboratory Compliance Failure (Laboratory ABs)5 0.00 0.08 0.04 Change to Organizational Policy or Management Structure that Could Adversely Affect Accreditation Program5 0.00 0.08 0.04 Checklists and Other Records Documenting Compliance with the Requirements for Systems Audits and On-site Assessment of Third Party Certifiers5 0.00 0.08 0.04 Change in Name or Address of Domestic Agent (Foreign Entities Only)

5 0.00 0.08 0.04 

5. Third Party Certifier Notification 

Unique Tracking Number2 0.00 0.04 0.02 Withdraw from or be Removed from Program2 0.00 0.04 0.02 

6. Recordkeeping 

Accreditation Applications6 0.75 1.50 0.75 Checklists and Other Records Documenting Compliance with the Requirements for Systems Audits and On-site Assessment of Third Party Certifiers6 0.75 1.50 0.75 

7. Annual Report to EPA 

Number of Third Party Certifier Applications Received7 0.25 0.50 0.25 Number of Third Party Certifier Applications Approved and Denied7 0.25 0.50 0.25 The Names and Contact Information of All Accredited Third Party Certifiers7 0.25 0.50 0.25 Number and Locations of Systems Audits and On-site Assessments7 0.25 0.50 0.25 
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March 12, 2012 Page 19 of 32 

Results of Accredited Third Party Certifier Laboratory Proficiency Testing or Inter-laboratory Comparisons7 0.25 0.50 0.25 

Domestic Total in First Year Foreign Total in First Year Domestic Total in Year 2 and 3 Foreign Total in Year 2 and 3 Notes: 1. Under the proposed rule, accreditation bodies are required to submit an application to renew their MOU every three years. As a result, this analysis assumes thapplication submission and MOU preparation costs in the first year and subsequently every three years thereafter. 2. Based on the estimated burden associated with reporting "company information" (EPA 2011). 3. Based on the estimated burden associated with answering substantiation questions when making plant site confidentiality claims (EPA 2011). 4. Based on conversations with accreditation bodies. 5. Based on the estimated burden associated with reporting "company information" (EPA 2011). Values have been doubled based on best professional judgment. 6. Based on the estimated burden associated with "recordkeeping" (EPA 2011). The rule requires that records be kept for 5 years that show the production volume, plant site, and site-limited status of each reported substance. 7. Estimated as one-third of the burden associated with "recordkeeping" (EPA 2011). Estimate based on best professional judgment.Source: U.S. Environmental Protection Agency. 2011. Supporting Statement for a Request for OMB Review under the Paperwork Reduction Act: the FPartial Update of the TSCA Section 8(b) TSCA Inventory Data Base, Production and Site Reports.
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March 12, 2012 Page 20 of 32 

Exhibit 6-4: Recordkeeping and Reporting Burden for Third Party Certifiers, by Activity 

 Per Activity Burden Hours Number 

Annua

Activitie

(d) 

Activity1

Clerical Technical Managerial 

(a) (b) (c) 

1. Rule Familiarization 0.00 5.00 5.00 2. Product Accreditation Body Application Submission 

Company Information (Name, Address, Telephone Number, and Email Address of Primary Contact) and Type of Composite Wood Products Applicant Intends to Certify2

0.00 0.04 0.02 

Description of TPC's Experience or Ability in Product Certification and Complying with ISO/IEC Guide 653 0.00 0.83 0.51 Description of TPC's Experience in the Composite Wood Product Industry with the Product(s) Intended to be Certified3 0.00 0.83 0.51 Description of TPC's Ability to Inspect and Properly Train and Supervise Inspectors Pursuant to ISO/IEC 170203 0.00 0.83 0.51 

3. Laboratory Accreditation Body Application Submission 

Company Information (Name, Address, Telephone Number, and Email Address of Primary Contact; if foreign, name and address of an agent for service located in the U.S.)2

0.00 0.04 0.02 

Description of TPC's Experience in Performing or Verifying Formaldehyde Testing on Composite Wood Products3 0.00 0.83 0.51 Description of TPC's Experience Operating or Using Laboratories that Comply with ISO/IEC 170253 0.00 0.83 0.51 Description of TPC's Experience with Test Method ASTM E-1333-96 (2002) and Experience Evaluating Correlation between Test Methods3 0.00 0.83 0.51 

4. Manufacturer Notification 

Third Party Certifier Number2 0.00 0.04 0.02 Withdraw from Program or Lose Accreditation2 0.00 0.04 0.02 

5. Recordkeeping 

List of Manufacturers and their Product Types (including Resins Used) Certified by TPC4 0.75 1.50 0.75 Results of Inspections, Audits, and Emission Tests Conducted for Each Manufacturer and Product Type4 0.75 1.50 0.75 List of the TPC's Laboratories, Test Methods (including Test Conditions and Conditioning Time), and Test Results4 0.75 1.50 0.75 Methods and Results for Establishing Test Method Correlations and Equivalence4 0.75 1.50 0.75 List of Manufacturers and Products Approved for Reduced Testing4 0.75 1.50 0.75 

6. Annual Report to Accreditation Bodies 
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March 12, 2012 Page 21 of 32 

List of Manufacturers and their Products Certified by the TPC during the Previous Year (including Resins Used, and the Average and Range of Formaldehyde Emissions by Manufacturer, Resin, and Product Type)5

0.25 0.50 0.25 

List of Noncomplying Products or Events by Manufacturer5 0.25 0.50 0.25 List of Laboratories and Test Methods Used by the TPC5 0.25 0.50 0.25 Results of Inter-Laboratory Comparison or Proficiency Testing for the Laboratories Used by the TPC4 0.25 0.50 0.25 

7. Accreditation Board Notification 

Personnel Qualification Changes2 0.00 0.04 0.02 Procedure Changes2 0.00 0.04 0.02 Laboratory Changes2 0.00 0.04 0.02 

8. EPA Notification 

Change in Name or Address of Domestic Agent (Foreign TPCs Only)

2 0.00 0.04 0.02 

Domestic Total in First Year Foreign Total in First Year Domestic Total in Non-Reapplication Year (Year 2) Foreign Total in Non-Reapplications Year (Year 2) Domestic Total in Reapplication Year (Year 3) Foreign Total in Reapplications Year (Year 3) Notes: 1. Under the proposed rule, TPCs are required to apply for re-accreditation every two years. As a result, application and accreditation costs are incurred ever

2. Based on the estimated burden associated with reporting "company information" (EPA 2011). 3. Based on the estimated burden associated with answering substantiation questions when making plant site confidentiality claims (EPA 2011). 

4. Based on the estimated burden associated with "recordkeeping" (EPA 2011). The rule requires that records be kept for 5 years that show the production volume, plant site, and site-limited status of each reported substance. 5. Estimated as one-third of the burden associated with "recordkeeping" (EPA 2011). Estimate based on best professional judgment. 

Source: U.S. Environmental Protection Agency. 2011. Supporting Statement for a Request for OMB Review under the Paperwork Reduction Act: Addendum to Partial Update of the TSCA Section 8(b) TSCA Inventory Data Base, Production and Site Reports.
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March 12, 2012 Page 22 of 32 

 6(b) Estimating Respondent Costs

 

Respondent costs are estimated by combining burden estimates from the previous section 

with loaded wage rates, and adding in materials costs. 

(i) Wage Rates 

The fully loaded unit labor cost for managerial, professional/technical, and clerical labor 

in the regulated industry and for EPA staff is estimated by adding fringe benefits and overhead 

costs to the hourly wage or annual salary for each category following the method described in 

Wage Rates for Economic Analysis of the Toxics Release Inventory Program. This section 

describes the method employed to estimate the fully loaded unit labor costs for each labor 

category and presents the results of the analysis. 

Exhibit 6-5: Total Burden by Firm Type (2010$)

Firm Type Number of 

Firms Burden Per Firm Total Burden 

Year 1 

Domestic Accrediting Body 8 31.0642 249

Foreign Accrediting Body 17 31.1242 529

Domestic TPC obtaining one additional accreditation 3 37.3250 112

Domestic TPC with current accreditations 6 37.3250 224

Foreign TPC obtaining one additional accreditation 9 37.3550 336

Foreign TPC with current accreditations 18 37.3550 672

Year 2

Domestic Accrediting Body 8 12.1442 97

Foreign Accrediting Body 17 12.2042 207

Domestic TPC obtaining one additional accreditation 3 19.1650 57

Domestic TPC with current accreditations 6 19.1650 115

Foreign TPC obtaining one additional accreditation 9 19.1950 173

Foreign TPC with current accreditations 18 19.1950 346

Year 3

Domestic Accrediting Body 8 12.1442 97

Foreign Accrediting Body 17 12.2042 207

Domestic TPC obtaining one additional accreditation 3 27.3250 82

Domestic TPC with current accreditations 6 27.3250 164

Foreign TPC obtaining one additional accreditation 9 27.3550 246

Foreign TPC with current accreditations 18 27.3550 492

Three Year Average

Domestic Accrediting Body 8 18.4509 148

Foreign Accrediting Body 17 18.5109 315

Domestic TPC obtaining one additional accreditation 3 27.9383 84

Domestic TPC with current accreditations 6 27.9383 168

Foreign TPC obtaining one additional accreditation 9 27.9683 252

Foreign TPC with current accreditations 18 27.9683 503

All Entities 61 24.0800 1,469
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Labor categories used in the analysis correspond to the U.S. Bureau of Labor Statistics 

(BLS) Standard Occupational Classification (SOC) system. In March 2004, BLS began using the 

North American Industry Classification System (NAICS) instead of the Standard Industrial 

Classification (SIC) System, and the Standard Occupational Classification (SOC) system instead 

of the Occupational Classification System (OCS). Exhibit 6-6 summarizes the crosswalk 

between old and new occupational titles, and lists the SOC titles that correspond to the 

managerial, professional/technical, and clerical labor categories used in this analysis. 

Exhibit 6-6: Detail of Labor Categories Used in the Analysis 

Labor Category Used in the Analysis BLS Old Title (OCS) BLS New Title (SOC) 

Managerial Executive, administrative, and 

managerial Management, business, and financial 

Professional/Technical Professional specialty and technical Professional and related 

Clerical Administrative support, including 

clerical Office and administrative support 

Wages and fringe benefit data for managerial, professional/technical, and clerical labor 

are from the BLS Employer Costs for Employee Compensation (ECEC) historical data for 

December 2006 – March 2011.1

The costs of fringe benefits such as paid leave and insurance, specific to each labor 

category, are taken from the same BLS report. Fringe benefits as a percentage of wages are 

calculated separately for each labor category. For example, for December 2010, the average 

wage rate for professional/ technical labor was $36.57, and the average fringe benefit was 

$13.52.2

 Therefore, fringe benefits as a percentage of wages were $13.52/$36.57, or 

approximately 37 percent (see Exhibit 6-7). 

An additional loading factor of 17 percent is applied to wages to account for overhead.3

This approach is used for consistency with Office of Pollution Prevention and Toxics (OPPT) 

economic analyses for two major rulemakings: Wage Rates for Economic Analyses of the Toxics 

Release Inventory Program, June 2002, and the Revised Economic Analysis for the Amended 

Inventory Update Rule: Final Report. This overhead loading factor is added to the benefits 

loading factor, and the total is then applied to the base wage to derive the fully loaded wage. For 

example, the December 2010 fully loaded wage for professional/technical labor is $36.97 × (1+ 

0.37 + 0.17) = $56.31. 

 

1

 U.S. Bureau of Labor Statistics. 2011. Employer Costs for Employee Compensation: Supplementary Tables: 

Historical Data: December 2006 - March 2011. Past economic analyses used ECEC data series specific to whitecollar workers in the manufacturing sector. However, those data sets were discontinued in March 2007, and these 

historical data were the best alternative. In a phone conversation (February 11, 2009), a BLS employee could not 

identify a better data set to use.

2

 Past analyses have used the term “technical” labor. Here the category is called “professional/technical” labor, to 

make clear how it relates to BLS categories. In 2004, BLS changed from the Occupational Classification System, 

OCS, to the Standard Occupational Classification system, SOC. In the process, the “Professional specialty and 

technical” category became the “Professional and related” category. However, the coverage of the old and new 

occupational groups is approximately the same. See the BLS article, “Comparing Current and Former Industry and 

Occupation ECEC Series” (Weinstein and Loewenstein, 2004). 3

 The change was used in the 2003 PMN SNUR economic analysis (EPA, 2003b). In some earlier reports, the 17 

percent had been applied to wages-plus-fringe benefits. 
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March 12, 2012 Page 24 of 32 

Fully loaded costs for managerial and clerical labor are calculated in a similar manner, as 

shown in Exhibit 6-7. 

Exhibit 6-7: Derivation of Loaded Industry Wage Rates 

Labor 

Category 

Data Source for Wage 

Information Date 

Wage Fringe 

Benefit 

Fringes as 

% wage 

Overhead as 

% wage a 

Fringe + 

overhead factor

Loaded 

Wages 

(a) (b) (c)=(b)/(a) (d) (e)=(c)+(d)+1 (f)= 

(a)*(e) 

Clerical 

BLS ECEC, Private 

Professional and Business 

Services Industries, “Office 

and Administrative Support”2 

Dec-10 $16.72 $6.09 36.42% 17% 1.53 $25.65 

Professional/ 

Technical 

BLS ECEC, Private 

Professional and Business 

Services Industries, 

“Professional and related“2 

Dec-10 $36.57 $13.52 36.97% 17% 1.54 $56.31 

Managerial 

BLS ECEC, Private 

Professional and Business 

Services Industries, “Mgt, 

Business, and Financial”2 

Dec-10 $42.42 $17.15 40.43% 17% 1.57 $66.78 

Notes: 

a

 An overhead rate of 17% is used. 

b

 Data for this occupational series found in U.S. Bureau of Labor Statistics. 2011. Employer Costs for Employee 

Compensation: Supplementary Tables: Historical Data: December 2006 - March 2011. 

(ii) Costs Per Respondent 

Labor costs for accrediting bodies and third party certifiers are presented in Exhibit 6-8 

and Exhibit 6-9. These labor costs were estimated by multiplying the respondent burdens in 

Exhibit 6-3 and Exhibit 6-4 by the loaded wage rates presented in Exhibit 6-7. In addition to 

these labor costs, some TPCs will incur non-labor costs associated with obtaining accreditation. 

The accreditation costs of TPCs will depend on whether they have the systems and equipment in 

place to satisfy the accreditation requirements or whether they will have to establish these. 

Based on the telephone interviews, the cost of obtaining a single accreditation initially is about 

$20,000 to $30,000 for each quality system. This analysis uses the mid-point of the range, 

$25,000, as the cost estimate. The cost would be about three times that if the firm needed to be 

newly accredited for all three standards (Guide 65, 17020, and 17025). Based on discussions 

with the six TPCs, the analysis assumes that two-thirds of the CARB-certified TPCs will already 

have accreditations in place and that one-third will need to obtain one additional accreditation. 

As a result, this analysis assumes that one-third of TPCs will incur a cost of $25,000 to obtain 

one additional accreditation, while two-thirds of TPCs will not incur any additional costs 

associated with obtaining and maintaining additional accreditations. 

In addition to obtaining the initial accreditation, the TPCs will need to renew their 

systems and testing certifications. Two respondents reported costs that ranged from $5,000 to 

$15,000 per year associated with maintaining certification, such as paying audit fees to their AB 

(typical accreditation lasts two years). Note that the systems and testing certifications for which 

the laboratories reported costs may cover more than the specific formaldehyde testing, and 

therefore these estimates may overstate costs if these labs would incur these costs even if they 

were not acting as TPCs under FSCWPA. However, to be conservative and not underestimate 
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March 12, 2012 Page 25 of 32 

costs, it is assumed that laboratories do not incur these costs in the baseline. Because the audits 

include tests other than formaldehyde, the analysis uses the low end of the costs reported as the 

annual reaccreditation cost, $5,000. As discussed above, based on discussions with the six TPCs 

the analysis assumes that two-thirds of the CARB-certified TPCs will already be maintaining 

these accreditations and that one-third will be maintaining one additional accreditation. Thus, 

one-third of TPCs will incur a cost of $5,000 from maintaining an additional accreditation, while 

two-thirds of TPCs will not incur any additional costs associated with obtaining and maintaining 

additional accreditations. 
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March 12, 2012 Page 26 of 32 Exhibit 6-8: Recordkeeping and Reporting Labor Costs for Accreditation Bodies, by Activity (2010$) 

Activity Estimated Annual Frequency1 Clerical Cost2 Technical Cost2 Mana

1. Rule Familiarization 1 $0.00 $281.55 2. Application Submission 

Company Information (Name, Address, Telephone Number, and Email Address of Primary Contact)3 1 $0.00 $2.25 Documentation of IAF MLA, ILAC MRA, or Equivalent Signatory Status3 1 $0.00 $2.25 Description of Any Other Qualifications Related to Experience in Performing Accreditation of Conformity Assessment Bodies or Third Party Certifiers4

1 $0.00 $46.74 

Application Submission Subtotal 

3. Memorandum of Understanding5 1 $25.65 $56.31 4. EPA Notification 

Loss of Status as a Signatory to the IAF MLA, ILAC MRA, or Equivalent Organization6 0.05 $0.00 $0.23 Third Party Certifier Application6 3 $0.00 $13.51 Third Party Certifier Accreditation6 3 $0.00 $13.51 Third Party Certifier Compliance Failure6 0.33 $0.00 $1.49 Third Party Certifier Accreditation Suspension or Revocation (Product ABs) / Accredited Laboratory Compliance Failure (Laboratory ABs)6 0.33 $0.00 $1.49 Change to Organizational Policy or Management Structure that Could Adversely Affect Accreditation Program6 0.2 $0.00 $0.90 Checklists and Other Records Documenting Compliance with the Requirements for Systems Audits and On-site Assessment of Third Party Certifiers6

1 $0.00 $4.50 

Change in Name or Address of Domestic Agent (Foreign Entities Only)

6 0.5 $0.00 $2.25 

EPA Notification Subtotal (Domestic) EPA Notification Subtotal (Foreign) 

5. Third Party Certifier Notification 

Unique Tracking Number3 3 $0.00 $6.76 Withdraw from or be Removed from Program3 0.25 $0.00 $0.56 TPC Notification Subtotal 

6. Recordkeeping 

Accreditation Applications7 1 $19.24 $84.47 Checklists and Other Records Documenting Compliance with the Requirements for Systems Audits and On-site Assessment of Third Party Certifiers7

1 $19.24 $84.47 

Recordkeeping Subtotal 

7. Annual Report to EPA 

Number of Third Party Certifier Applications Received8 1 $6.41 $28.16 
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During the Review *** 

March 12, 2012 Page 27 of 32 Exhibit 6-8: Recordkeeping and Reporting Labor Costs for Accreditation Bodies, by Activity (2010$) 

Activity Estimated Annual Frequency1 Clerical Cost2 Technical Cost2 Mana

Number of Third Party Certifier Applications Approved and Denied8 1 $6.41 $28.16 The Names and Contact Information of All Accredited Third Party Certifiers8 1 $6.41 $28.16 Number and Locations of Systems Audits and On-site Assessments8 1 $6.41 $28.16 Results of Accredited Third Party Certifier Laboratory Proficiency Testing or Inter-laboratory Comparisons8 1 $6.41 $28.16 Annual Report Subtotal 

Domestic Total in First Year Foreign Total in First Year Domestic Total in Year 2 and 3 Foreign Total in Year 2 and 3 Notes: 1. Based on best professional judgment and rule requirements. Under the proposed rule, accreditation bodies are required to submit an application to renew their M

result, this analysis assumes that accreditation bodies incur application submission and MOU preparation costs in the first year and subsequently every three years therea2. Based on Employer Costs for Employee Compensation wage and benefit data for private professional and business services industries (BLS 2011a). Clerical costs are 

"office and administrative support" occupational group; technical costs are estimated using data from the "professional and related" occupational group; and managerial cfrom the "management, business, and financial" occupational group. 3. Based on the estimated burden associated with reporting "company information" (EPA 2011a). 4. Based on the estimated burden associated with answering substantiation questions when making plant site confidentiality claims (EPA 2011a). 5. Based on conversations with accreditation bodies. 6. Based on the estimated burden associated with reporting "company information" (EPA 2011a). Values have been doubled based on best professional judgment. 

7. Based on the estimated burden associated with "recordkeeping" (EPA 2011a). The rule requires that records be kept for 5 years that show the production volume, plan

each reported substance. 8. Estimated as one-third of the burden associated with "recordkeeping" (EPA 2011a). Estimate based on best professional judgment.

Sources: (1) U.S. Bureau of Labor Statistics. 2011. Employer Costs for Employee Compensation: Supplementary Tables: Historical Data: December 

U.S. Environmental Protection Agency. 2011. Supporting Statement for a Request for OMB Review under the Paperwork Reduction Act: the Final Ru

Update of the TSCA Section 8(b) TSCA Inventory Data Base, Production and Site Reports.
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During the Review *** 

March 12, 2012 Page 28 of 32 

Exhibit 6-9: Recordkeeping and Reporting Labor Costs for Third Party Certifiers, by Activity (2010$) 

Activity Estimated Annual Frequency1 Clerical Cost2 Technical Cost2 Manageri

1. Rule Familiarization 1.00 $0.00 $281.55 2. Product Accreditation Body Application Submission 

Company Information (Name, Address, Telephone Number, and Email Address of Primary Contact; if foreign, name and address of an agent for service located in the U.S.) and Type of Composite Wood Products Applicant Intends to Certify3

1.00 $0.00 $2.25 

Description of TPC's Experience or Ability in Product Certification and Complying with ISO/IEC Guide 654 1.00 $0.00 $46.74 Description of TPC's Experience in the Composite Wood 

Product Industry with the Product(s) Intended to be Certified4 1.00 $0.00 $46.74 

Description of TPC's Ability to Inspect and Properly Train and Supervise Inspectors Pursuant to ISO/IEC 170204 1.00 $0.00 $46.74 Product Accreditation Subtotal 

3. Laboratory Accreditation Body Application Submission 

Company Information (Name, Address, Telephone Number, and Email Address of Primary Contact; if foreign, name and address of an agent for service located in the U.S.)3

1.00 $0.00 $2.25 

Description of TPC's Experience in Performing or Verifying Formaldehyde Testing on Composite Wood Products4 1.00 $0.00 $46.74 Description of TPC's Experience Operating or Using Laboratories that Comply with ISO/IEC 170254 1.00 $0.00 $46.74 Description of TPC's Experience with Test Method ASTM E1333-96 (2002) and Experience Evaluating Correlation between Test Methods4

1.00 $0.00 $46.74 

Laboratory Accreditation Subtotal 

4. Manufacturer Notification 

Third Party Certifier Number3 1.00 $0.00 $2.25 Withdraw from Program or Lose Accreditation3 0.25 $0.00 $0.56 Manufacturer Notification Subtotal 

5. Recordkeeping 

List of Manufacturers and their Product Types (including Resins Used) Certified by TPC5 1.00 $19.24 $84.47 Results of Inspections, Audits, and Emission Tests Conducted for Each Manufacturer and Product Type5 1.00 $19.24 $84.47 List of the TPC's Laboratories, Test Methods (including Test Conditions and Conditioning Time), and Test Results5 1.00 $19.24 $84.47 Methods and Results for Establishing Test Method Correlations and Equivalence5 1.00 $19.24 $84.47 List of Manufacturers and Products Approved for Reduced 1.00 $19.24 $84.47 
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During the Review *** 

March 12, 2012 Page 29 of 32 

Exhibit 6-9: Recordkeeping and Reporting Labor Costs for Third Party Certifiers, by Activity (2010$) 

Activity Estimated Annual Frequency1 Clerical Cost2 Technical Cost2 Manageri

Testing5Recordkeeping Subtotal 

6. Annual Report to Accreditation Bodies 

List of Manufacturers and their Products Certified by the TPC during the Previous Year (including Resins Used, and the Average and Range of Formaldehyde Emissions by Manufacturer, Resin, and Product Type)6

1.00 $6.41 $28.16 

List of Noncomplying Products or Events by Manufacturer6 1.00 $6.41 $28.16 List of Laboratories and Test Methods Used by the TPC6 1.00 $6.41 $28.16 Results of Inter-Laboratory Comparison or Proficiency Testing for the Laboratories Used by the TPC6 1.00 $6.41 $28.16 Annual Report to AB Subtotal 

7. Accreditation Board Notification 

Personnel Qualification Changes3 0.50 $0.00 $1.13 Procedure Changes3 0.50 $0.00 $1.13 Laboratory Changes3 0.50 $0.00 $1.13 Accreditation Board Notification Subtotal 

8. EPA Notification 

Change in Name or Address of Domestic Agent (Foreign TPCs Only)

3 0.50 $0.00 $1.13 

Domestic Total in First Year Foreign Total in First Year Domestic Total in Non-Reapplication Year (Year 2) Foreign Total in Non-Reapplications Year (Year 2) Domestic Total in Reapplication Year (Year 3) Foreign Total in Reapplications Year (Year 3) Notes: 1. Based on best professional judgment and rule requirements. Under the proposed rule, TPCs are required to apply for re-accreditation every two years. As a re

accreditation costs are incurred every other year. 2. Based on Employer Costs for Employee Compensation wage and benefit data for private professional and business services industries (BLS 2011a). Clerical costs are 

"office and administrative support" occupational group; technical costs are estimated using data from the "professional and related" occupational group; and managerial from the "management, business, and financial" occupational group. 3. Based on the estimated burden associated with reporting "company information" (EPA 2011a). 4. Based on the estimated burden associated with answering substantiation questions when making plant site confidentiality claims (EPA 2011a). 5. Based on the estimated burden associated with "recordkeeping" (EPA 2011a). The rule requires that records be kept for 5 years that show the 

production volume, plant site, and site-limited status of each reported substance. 6. Estimated as one-third of the burden associated with "recordkeeping" (EPA 2011a). Estimate based on best professional judgment.

Sources: (1) U.S. Bureau of Labor Statistics. 2011. Employer Costs for Employee Compensation: Supplementary Tables: Historical Data: December 

U.S. Environmental Protection Agency. 2011. Supporting Statement for a Request for OMB Review under the Paperwork Reduction Act: the Final Ru

Update of the TSCA Section 8(b) TSCA Inventory Data Base, Production and Site Reports.
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During the Review *** 

March 12, 2012 Page 30 of 32 

(iii) Total Burden and Costs 

Exhibit 6-10 presents a summary of the total burden and costs for this information 

collection request by the type of firm. The total burden and cost are calculated by multiplying 

the burdens and costs per firm by the number of affected firms. 

Exhibit 6-10: Total Burden and Costs (2010$)

Firm Type Number 

of Firms

Per Firm Burden and Cost Total Burden and Cost 

Labor NonLabor 

Cost 

Labor NonLabor 

Cost Hours Cost Hours Cost 

Year 1 

Domestic Accrediting Body 8 31.0642 $1,685 249 $13,480 

Foreign Accrediting Body 17 31.1242 $1,688 529 $28,696 

Domestic TPC obtaining one additional accreditation 3 37.3250 $2,090 $25,000 112 $6,270 $75,000 

Domestic TPC with current accreditations 6 37.3250 $2,092 224 $12,552 

Foreign TPC obtaining one additional accreditation 9 37.3550 $2,090 $25,000 336 $18,810 $225,000 

Foreign TPC with current accreditations 18 37.3550 $2,092 672 $37,656 

Year 2

Domestic Accrediting Body 8 12.1442 $633 97 $5,064 

Foreign Accrediting Body 17 12.2042 $636 207 $10,812 

Domestic TPC obtaining one additional accreditation 3 19.1650 $983 $5,000 57 $2,949 $15,000 

Domestic TPC with current accreditations 6 19.1650 $983 115 $5,898 

Foreign TPC obtaining one additional accreditation 9 19.1950 $985 $5,000 173 $8,865 $45,000 

Foreign TPC with current accreditations 18 19.1950 $985 346 $17,730 

Year 3

Domestic Accrediting Body 8 12.1442 $633 97 $5,064 

Foreign Accrediting Body 17 12.2042 $636 207 $10,812 

Domestic TPC obtaining one additional accreditation 3 27.3250 $1,475 $5,000 82 $4,425 $15,000 

Domestic TPC with current accreditations 6 27.3250 $1,475 164 $8,850 

Foreign TPC obtaining one additional accreditation 9 27.3550 $1,477 $5,000 246 $13,293 $45,000 

Foreign TPC with current accreditations 18 27.3550 $1,477 492 $26,586 

Three Year Average

Domestic Accrediting Body 8 18.4509 $983.67 148 $7,869.33 

Foreign Accrediting Body 17 18.5109 $986.67 315 $16,773.33 

Domestic TPC obtaining one additional accreditation 3 27.9383 $1,516.00 $11,667 84 $4,548.00 $35,000 

Domestic TPC with current accreditations 6 27.9383 $1,516.67 168 $9,100.00 

Foreign TPC obtaining one additional accreditation 9 27.9683 $1,517.33 $11,667 252 $13,656.00 $105,000 

Foreign TPC with current accreditations 18 27.9683 $1,518.00 503 $27,324.00 

All Entities 61 24.0800 $1,299.52 $2,295.08 1469 $79,271 $140,000 
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During the Review *** 

March 12, 2012 Page 31 of 32 

6(c) Estimating Agency Burden and Cost 

EPA resources would be devoted to reviewing and analyzing data submissions, compiling and 

recording data, maintaining hard-copy files of submitted data, auditing and inspecting facilities, 

producing audit and inspection reports, responding to public inquiries, and providing regulatory 

interpretations. EPA anticipates that these activities will require the equivalent of one full-time employee 

(FTE) at Headquarters. Using the 2010 Washington/Baltimore area annual salary rate for a GS-13, Step 5 

employee ($100,904), and multiplying by a loading factor of 1.6 to reflect overhead and fringe benefits 

results in an estimated EPA cost of $161,446 per year. 

6(d) Bottom Line Burden Hours and Costs/Master Table 

 

Exhibit 6-10 presents the bottom line burden and costs. 

Exhibit 6-11: Total Burden and Costs

 Year 1 Year 2 Year 3 Average 

Number of Respondents and 

Responses 61 61 61 61

Total Burden Hours 2,122.14 995.38 1,289.14 1,469

Total Cost $417,464 $111,318 $129,030 $219,271 

6(e) Reasons for Changes in Burden

 Not applicable. These are new requirements so there was no previous ICR. 

6(f) Burden Statement

 The annual public burden for this collection of information, which is approved under 

OMB Control No. xxxx-xxxx, is estimated to be 24.08 hours per response (i.e., 1,469 burden 

hours for an estimated 61 responses). According to the Paperwork Reduction Act, “burden” 

means the total time, effort, or financial resources expended by persons to generate, maintain, 

retain, or disclose or provide information to or for a Federal agency. For this collection it 

includes such activities as annual familiarization with requirements, recordkeeping, notification, 

and reporting requirements. An agency may not conduct or sponsor, and a person is not required 

to respond to, a collection of information unless it displays a currently valid OMB control 

number. The OMB control numbers for EPA’s regulations in title 40 of the CFR, after appearing 

in the Federal Register, are listed in 40 CFR part 9 and included on the related collection 

instrument or form, if applicable. 

To comment on the Agency’s need for this information, the accuracy of the provided 

burden estimates, and any suggested methods for minimizing respondent burden, including the 

use of automated collection techniques, EPA has established a public docket for this ICR under 

Docket ID No. EPA-HQ-OPPT-XXXX-XXXX. The docket is available for public viewing at 

the Pollution Prevention and Toxics Docket in the EPA Docket Center (EPA/DC). The EPA/DC 
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During the Review *** 

March 12, 2012 Page 32 of 32 

Public Reading Room is located in the EPA West Building, Room 3334, 1301 Constitution Ave., 

NW., Washington, DC. The EPA/DC Public Reading Room is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal holidays. The telephone number for the EPA/DC 

Public Reading Room is (202) 566-1744, and the telephone number for the Pollution Prevention 

and Toxics Docket is (202) 566-0280. An electronic version of the public docket is available 

through the Federal Docket Management System (FDMS) at www.regulations.gov. Use FDMS 

to submit or view public comments, access the index listing of the contents of the public docket, 

and to access those documents in the public docket that are available electronically. Once in the 

system, select “search,” then key in the docket ID number identified above. Also, you can send 

comments to the Office of Information and Regulatory Affairs, Office of Management and 

Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Office for EPA. Please 

include the EPA Docket ID No. EPA-HQ-OPPT-XXXX-XXXX and OMB control number 

xxxx-xxxx in any correspondence.