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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 [Laboratory 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 [Laboratory Accreditation Body Name] is to 

recognize [Laboratory Accreditation Body Name] as an EPA-Recognized Laboratory Accreditation Body 

(EPA-Recognized Laboratory AB) working in cooperation with the EPA Toxic Substances Control Act 

(TSCA) Title VI Third-Party Certification Program. The primary function of an EPA-Recognized Laboratory

AB is to provide an impartial verification of the competency of laboratories used by a TSCA Title VI 

Accredited Third-Party Certifier (TSCA Title VI Accredited TPC). 

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 

Title VI of TSCA. In order to verify that a Laboratory Accreditation Body (Laboratory AB) is capable of 

performing an adequate assessment of laboratories that conduct formaldehyde emission testing, EPA 

enters into Recognition Agreements with the Laboratory ABs that apply to EPA and (1) are signatories

to the International Laboratory Accreditation Cooperation (ILAC) Mutual Recognition Agreement (MRA)

or an equivalent oversight body, (2) conform with International Organization for Standardization (ISO) 

and International Electrotechnical Commission (IEC) 17011:2004(E) and (3) demonstrate competence to 

perform accreditation activities for laboratory accreditation according to ISO/IEC 17025:2005(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 Laboratory Accreditation Body or EPA Recognized Laboratory AB means a Laboratory 

AB that has a recognition agreement with EPA under the TSCA Title VI Third-Party Certification Program.

Laboratory Accreditation Body or Laboratory AB means an accreditation body that accredits 

laboratories to ISO/IEC 17025:2005(E).
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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

third-party certifiers, and their laboratories that perform TSCA Title VI formaldehyde emissions testing, 

to be accredited by accreditation bodies in order to participate in the 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 Laboratory ABs will accredit laboratories used by TSCA Title 

VI Accredited TPCs for participation in the TSCA Title VI Third-Party Certification Program and provide 

an impartial verification of the competency of those laboratories. 

V. Basis and Substance of Understanding 

After reviewing the information submitted by [Laboratory AB Name] pursuant to 40 CFR section 

770.7(b)(2), the EPA has determined that [Laboratory AB Name] meets the application requirements for

the TSCA Title VI Third-Party Certification Program. 

Pursuant to 40 CFR Part 770, Subpart B, [Laboratory AB Name] agrees to: 

1) act in accordance with all provisions and requirements listed under the EPA-Recognized Laboratory 

AB responsibilities at 40 CFR section 770.7(b)(3) including notifications to the EPA and to the applicable 

EPA recognized Product AB for the activities listed in 40 CFR section 770.7(b)(3)(ix); and

2) electronically report via the EPA’s Central Data Exchange (CDX) at [Website address] for any 

reporting requirements under 40 CFR section 770.7(b).

Pursuant to 40 CFR Part 770, Subpart B, the Office of Pollution Prevention and Toxics as the overseeing 

EPA Office for the TSCA Title VI Third-Party Certification Program agrees to: 

1) recognize [Laboratory AB Name] as an EPA-Recognized Laboratory AB for the TSCA Title VI ThirdParty Certification Program; and

2) provide guidance and interpretation, if requested and to the extent possible, of the TSCA Title VI 

Third-Party Certification Program protocols and criteria and provide notice to [Laboratory AB Name] 

when the TSCA Title VI Third-Party Certification Program protocols and criteria have been amended 

including those listed at 40 CFR section 770.7(b). 
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VI. Duration of Recognition Agreement

The Recognition Agreement shall be valid for 3 years as stated in 40 CFR section 770.7(b)(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 [Laboratory AB Name] to accredit laboratories are the responsibility of [Laboratory 

AB Name]. Nothing in this Recognition Agreement shall be interpreted to constrain [Laboratory AB 

Name]’s discretion to recover any costs by assessing fees to laboratories 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 Laboratory AB will need to reapply via the EPA’s CDX to renew its 

accreditation in accordance with 40 CFR section 770.7(b)(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 [Laboratory 

AB Name], or EPA may also suspend, revoke, or modify the Recognition Agreement pursuant to 40 CFR 

section 770.7(e)(2)-(3). 

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 or TPC laboratory, inspect or audit any TSCA Title VI 

Accredited TPC or TPC laboratory, or otherwise enforce TSCA Title VI. 
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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 [Laboratory AB Name] 

__________________________________