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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 [Lab oratory Accreditation Body Name] is to recognize [Lab oratory Accreditation Body Name] as an EPA

- Recognized Laboratory Accreditation Body (EPA

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

- Party Certification Pro gram. 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 regula tions 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 Com posite Wood Products Act, or Title VI of TSCA . In order to verify that a Laboratory Accreditation Body (Lab oratory AB ) is capable of performing an adequate assessment of laboratories that conduct formaldehyde emission testing, EPA enters into R ecognition A greements with the Laboratory ABs that apply to EPA and (1) are signator ies 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 d efinitions 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)

.2 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 rela ted to a third

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

- party certifiers
, and their laboratories that perform TSCA Title VI formaldehyde emissions testing,
to be accredited by accreditation bod ies 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 TS CA Title VI Accredited TPC s 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 determine d that [Laboratory AB Name] meet s 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) electronic ally 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 , t he 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

- Recogniz ed Laboratory AB for the TSCA Title VI Third

Party 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 proto cols and criteria have been amended including those listed at 40 CFR section 770.7(b).3 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 Formal dehyde 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 Implementati on 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 i n 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)

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X. Notice of EPA’s Authority
Nothing in this agreement shall be interprete d 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.4 XI. Implementation Offi cers 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 ] [Organizat ion’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 [Laborato ry AB Name]

_______ ___________________________