Small Entity Compliance Guide
For Accreditation Bodies and
Third-Party Certifiers
Formaldehyde Emissions Standards for
Composite Wood Products
Title VI of the Toxic Substances Control Act
&EPA
United States
Environmental Protection
Agency
January 2017
EPA -740-B-17-002

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&EPA
United States
Environmental Protection
Agency
This guide was prepared pursuant to section 212 of the Small Business
Regulatory Enforcement Fairness Act of 1996, Pub. L. 104-121 as amended
by Pub. L. Number 110-28. THIS DOCUMENT IS NOT INTENDED, NOR
CAN IT BE RELIED UPON, TO CREATE ANY RIGHTS ENFORCEABLE BY ANY
PARTY IN LITIGATION WITH THE UNITED STATES. The statements in this
document are intended solely as guidance to aid you in complying with
the formaldehyde emissions standards for composite wood products in
Title VI of the Toxic Substances Control Act (TSCA) and the implementing
regulations in 40CFR part770. EPA is continually improving and upgrading
its rules, policies, compliance programs, and outreach efforts. EPA may
decide to revise this guide without public notice to reflect changes in EPA's
approach to implementing TSCA Title VI or to clarify information and
update text.
To determine whether EPA has revised this guide and/or to obtain copies,
contact EPA's Small Business Ombudsman Hotline at (800) 368-5888
or (202) 566-1970 in DC, or consult the EPA's formaldehyde website at
http://www.epa.gov/formaldehyde. The full texts of TSCA Title VI and the
implementing regulations are also available at this website.
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Introduction
This document is published by EPA as the official compliance guide for small entities, as required by the Small Business
Regulatory Enforcement Fairness Act of 1996. Before you begin using the guide you should know that the information
in this guide was compiled based on the Formaldehyde Emission Standards for Composite Wood Products regulation
published on December 12,2016. EPA is continually improving and upgrading its rules, policies, compliance programs, and
outreach efforts. You can determine whether EPA has revised or supplemented the information in this guide by consulting
EPA's formaldehyde website at http://www.epa.gov/formaldehyde.
Contents
This guide is organized as follows:
Introduction
Regulation Summary and Compliance Timetable
Who Must Comply
How to Comply
For More Information
Appendix and Acronym List
Terminology
Throughout this guide, when the term "composite
wood product" is used, it refers to the three composite
wood products generally regulated by TSCA Title VI—
hardwood plywood, medium-density fiberboard (MDF) and
particleboard.
Other key terminology is defined in the Appendix:
Glossary of Environmental Terms.
Who Should Use this Guide?
This guide is intended for accreditation bodies (ABs) and
third-party certifiers (TPCs) who wish to participate in the
EPA Toxic Substances Control Act (TSCA) Title VI Third-Party
Certification Program.
What Does This Guide Cover?
This guide covers the requirements under the final rule
for ABs and TPCs who wish to participate in the EPA TSCA Title
VI Third-Party Certification Program.
For ABs who wish to participate in the EPA program,
responsibilities include:
Determining the accreditation eligibility and accrediting
as appropriate TPCs who wish to participate in the EPA
program;
Ensuring that accredited TPCs meet certain international
voluntary consensus standards (discussed later in this
guide); and
Helping to ensure the TPCs' ability to oversee and monitor
composite wood panel producers.
For TPCs who wish to participate in this EPA program,
responsibilities include:
Regularly inspecting composite wood panel producers to
verify their compliance with the formaldehyde emission
standards;
Conducting and verifying formaldehyde emissions tests;
and
Ensuring that panel producers' quality assurance/quality
control procedures and testing comply with the TSCA
Title VI implementing regulations, or 40 CFR part 770.
OTHER GUIDES TO CONSIDER: There are other separate small
entity compliance guides available for different entities along the
value chain, including:
1.	Importers, Distributors and Retailers;
2.	Fabricators and Laminated Product Producers; and
3.	Mills (Panel Producers).
Each of these guides can be found at https://www.epa.gov/
formaldehyde/small-entity-compliance-guides-formaldehyde-
emission-standards-composite-wood-products.
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FIGURE 1 - TSCA TITLE VI PROGRAM
Figure 1 outlines the structure of the TSCA Title VI program and shows the relationships between EPA and the various groups
involved in implementation of the regulation. ABs and TPCs are identified in blue with their relationship to the remainder of the
TSCA Title VI program.
Reciprocity
Importers
Retailers
C ARB-approved
Third Party
Certifiers (TPCs)
Distributors
Fabricators
EPA-recognized
Third Party
Certifiers (TPCs)
EPA-recognized
Product &
Laboratory
Accreditation
Bodies (ABs)
Panel
Producers
California Air
Resources Board
(CARB)
I LAC
International Laboratory
Accreditation
Cooperation
IAF
International
Accreditation Forum
This compliance guide explains your federal compliance
obligations with respect to the formaldehyde regulations
under TSCA Title VI as EPA-recognized ABs and TPCs. There
may be other state or local requirements which apply to you
that are different from, or more stringent than, the federal
requirements.
How Do I Obtain a Complete Copy of This
Rule?
A complete copy of the final rule and supporting
documents can be found in Federal Register (Vol. 81, No. 81,
p. 89674) at https://www.regulations.gov/document?D=EPA-
HQ-OPPT-2016-0461 -0001.
A copy of the final rule can also be found at https://
www.epa.gov/formaldehyde/resources-guidance-
materials-formaldehyde-emission-standards-composite-
wood-products. See section entitled "For More
Information" of this compliance guide for additional
information resources.
NOTE: If you wish to serve as a TPC orAB in the state of California
you must also comply with the California Air Resource Board's
Airborne Toxic Control Measure (CARB ATCM) to control
formaldehyde emissions from composite wood products. More
information on the CARB ATCM can be found online at
http://www.arb.ca.gov/toxics/compwood/compwood.htm.
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Regulation Summary and Compliance Timetable
Regulation Summary
TSCA Title VI establishes formaldehyde emission
standards for three types of composite wood products:
hardwood plywood, MDF and particleboard. The purpose
of TSCA Title VI and the implementing regulations is to
reduce formaldehyde emissions from these composite wood
products, which will reduce exposures to formaldehyde,
resulting in benefits for human health.
The regulations require the covered composite wood
products to be tested to ensure compliance with the TSCA
Title VI formaldehyde emission standards and certified by
an EPA-recognized TPC. Limited testing and certification
exemptions are available for products made with no-
added formaldehyde (NAF) resins or ultra low-emitting
formaldehyde (ULEF) resins. To ensure that only compliant
products enter and move through the product supply
chain, the regulations contain recordkeeping, reporting,
and labeling requirements. The formaldehyde emission
standards are identical to the emission standards currently
in place in California, and the regulations are as consistent as
practical with the requirements currently in effect under the
CARB ATCM. CARB-approved TPCs are eligible for recognition
under the EPA program through reciprocity with the CARB
program.
Table 1 provides a summary of the regulatory
requirements and compliance dates. The "How to Comply"
section of this guide provides more detail on the rule
requirements for ABs and TPCs and what they must do to
document compliance with the regulation.
Table 1. Summary Provsions and Compliance Timetable
Entity
Provision
Compliance Date
ABs
ABs may begin to seek recognition to accredit TPCs under the EPA program.
Beginning February 10, 2017
CARB-approved TPCs
In order to be recognized by EPA to certify composite wood products
under the EPA TSCA Title VI Third-Party Certification program, a CARB-
approved TPC may apply to EPA with all the information requested in 40
CFR §770.7(c)(2) other than the accreditation documentation under (c)(2)
(iii) and (iv).
Beginning February 10, 2017
CARB-approved TPCs
In order to continue certifying products under the EPA TSCA Title VI
Third-Party Certification program after December 12, 2018, obtain the
proper accreditations from an EPA-recognized AB to international voluntary
consensus standards (discussed later in this guide) with the proper scopes
of accreditation and provide documentation of that accreditation to EPA in
addition to performing the responsibilities of certifying products under the
EPA program.
December 12, 2018*
CARB-approved TPCs
that apply to CARB
and EPA after the
transitional period
concludes
Must apply to EPA pursuant to 40 CFR §770.7(c)(2) to be recognized by EPA
to certify composite wood products under the EPA TSCA Title VI Third-
Party Certification Program.
December 12, 2018*
TPCs (other than
CARB-approved
TPCs)
May apply to EPA pursuant to 40 CFR §770.7(c)(2) to be recognized by
EPA to certify composite wood products. EPA-recognized TPCs must begin
certifying composite wood products one year after publication of the final
rule under the EPA TSCA Title VI Third-Party Certification Program.
Beginning February 10, 2017
'Note: CARB-approved TPCs may seek to meet the EPA accreditation requirements at any time prior to the
conclusion of the two-year transitional period and submit this documentation to EPA.
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Emission Standards
Product
Emission Standard
Hardwood Plywood -
Veneer Core
0.05 ppm of formaldehyde
Hardwood Plywood -
Composite Core
0.05 ppm of formaldehyde
MDF
0.11 ppm of formaldehyde
Thin MDF
0.13 ppm of formaldehyde
Particleboard
0.09 ppm of formaldehyde
*Note: ppm refers to parts per million.
Who Must Comply
How Can I Tell If I Am Subject to This Rule?
ABs that accredit TPCs that wish to participate in the
EPA TSCA Title VI Third-Party Certification Program are also
subject to the final rule requirements. TPCs that seek to certify
compliance of composite wood panel producers' product
with the final rule's formaldehyde emission standards and
other rule requirements are subject to the final rule.
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How to Comply
What Must I Do to Comply?
ABs
Overview
ABs interested in participating in the EPA program
must apply to EPA and, if deemed qualified, be approved
by and enter into a recognition agreement with EPA. After
being recognized by EPA, ABs would then accredit TPCs to
international consensus standards incorporated into the
final rule (discussed later in this guide) and assess the ability
of TPCs to fulfill the requirements established in 40 CFR
§770.7.
There are two types of ABs that can be involved in
the implementation of the EPA program: Product ABs and
Laboratory ABs. EPA recognizes it is also possible that an
AB may be qualified to perform the roles of both types of
ABs, and accredit a TPC for both its product certification
capabilities (Product AB function) and formaldehyde
emissions laboratory testing capabilities (Laboratory AB
function). In such a case, the AB would fulfill the two AB roles
under the EPA program.
Product ABs
Compliance Requirements for Product ABs
Under the EPA program, Product ABs will ensure that
TPCs are qualified to certify composite wood products by
accrediting them to recognized international voluntary
consensus standards and the TSCA Title VI regulatory
requirements discussed below.
Required Qualifications for Participation in the
EPA Program
To qualify for recognition by EPA as a Product AB, an
applicant Product AB must be:
A signatory to the International Accreditation Forum,
Inc. (IAF) Multilateral Recognition Arrangement (MLA)
through level three, or have membership in one of the
IAF recognized regional accreditation cooperations, or
an equivalent organization as determined by EPA;
In conformance with the International Organization for
Standardization (ISO)/ International Electrotechnical
Commission (IEC) 17011:2004(E): General requirements
for accreditation bodies accrediting conformity
assessment bodies; and
Competent to perform accreditation activities for
product certification according to ISO/IEC17065:2012(E):
Requirements for bodies certifying products, processes
and services.
Application for Recognition under the EPA Program
To be recognized by EPA, Product ABs must apply for
recognition via the EPA Central Data Exchange (CDX) found at
http://cdx.epa.gov. The EPA CDX is an AB's point of entry into
the Environmental Information Exchange Network (Exchange
Network) used for electronic data submissions. The CDX
registration process includes completing an electronic
signature agreement, preparing a data file for submission,
agreeing to the terms and conditions of CDX, providing
information about the submitter and organization, selecting
a user name and password, and following the procedures
outlined in the guidance document for CDX available at
http://cdx.epa.gov/Content/Documents/CDX_Quick_User_
Guide.pdf.
The required Product AB application information
includes:
Name, address, telephone number, and email address of
the organization or primary contact;
Documentation of IAF MLAsignatory status, membership
in one of the IAF recognized regional accreditation
cooperations (if applicable), or an equivalent organization
as determined by EPA;
Description of any other qualifications related to
the Product AB's experience in performing product
accreditation of TPCs; and
If not a domestic entity, name and address of an Agent
for Service located in the United States.
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NOTE: An Agent for Service is an entity designated by a TPC
or AB to receive legal documents on their behalf. ABs have the
option to share an Agent for Service, meaning one Agent for
Service can provide service for multiple ABs recognized under
TSCA Title VI.
Recognition Agreement with EPA
To be recognized under the EPA program, a Product
AB must enter into a recognition agreement with EPA via
CDX. The recognition agreement establishes a relationship
between the Product AB and EPA to help ensure the proper
oversight of TPCs participating in the EPA program. Each
recognition agreement will be valid for three years. Product
ABs must submit a renewal application via the EPA CDX
before the three-year period of the recognition agreement
lapses. The renewal application must indicate any changes
from the Product AB's initial application or most recent
renewal application. If the Product AB fails to submit an
application for renewal prior to the expiration of the previous
recognition agreement, its recognition will lapse and the
Product AB may not provide accreditation services under
the EPA program. Note that if a Product AB does submit
an application for renewal prior to the expiration of the
previous recognition agreement, it may continue to provide
TSCA Title VI accreditation services under the terms of its
previous recognition agreement until EPA has taken action
on its application for renewal of the recognition agreement.
Additionally, information in the recognition agreement is not
eligible for treatment as Confidential Business Information
(CBI).
Commitment to Impartiality
Product ABs must commit to act impartially when
performing activities under the EPA program. This
commitment is consistent with the impartiality provisions
of the ISO/IEC standards incorporated in the final rule. To
demonstrate impartiality, Product ABs must ensure that an
accreditation decision regarding a TPC is made by persons
different from those who conducted the assessment of the
TPC, and that the AB's personnel who assess TPCs or make
decisions regarding accreditation do not receive financial
benefit from the outcome of an accreditation decision.
Responsibilities
0 Accreditation. The Product ABs must determine the
accreditation eligibility, and accredit, if appropriate,
each TPC seeking recognition under the EPA program by
performing an assessment of each TPC. The assessment
must include all of the following components:
1.	An on-site assessment to determine whether the TPC
meets the requirements of ISO/IEC 17065:2012(E). TPCs
will also be assessed to determine whether they are in
conformance with ISO/IEC 17020:2012(E) as required
under ISO/IEC 17065:2012(E) Section 6.2.1 and TPC
requirements under 40 CFR §770.7.
In performing the on-site assessment, the Product
AB must develop a checklist of the TPC requirements
under 40 CFR §770.7(c)(4) and the key accreditation
elements of ISO/IEC 17065:2012(E), and use the
checklist for each on-site assessment.
2.	A review of how:
The TPC will verify the accuracy of the formaldehyde
emissions tests conducted by the TPC laboratory and
the formaldehyde quality control tests conducted
by or for the panel producers producing composite
wood products that are subject to the requirements
of TSCA Title VI.
The TPC will evaluate:
i.	A panel producer's quality assurance and quality
control processes;
ii.	The proficiency of the panel producer's quality
assurance and quality control personnel;
iii.	The required elements of a panel producer's
quality assurance and quality control manual;
iv.	Sufficiency of on-site testing facilities as
applicable; and
v.	The process for sample selection, handling, and
shipping procedures that the panel producer will
use for quality control testing as applicable.
The TPC laboratory will establish correlation or
equivalence between ASTM El 333-10: Standard
Test Method for Determining Formaldehyde
Concentrations in Air and Emission Rates from
Wood Products Using a Large Chamber and ASTM
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D6007-02: Standard Test Method for Determining
Formaldehyde Concentrations in Air from Wood
Products Using a Small-Scale Chamber, if used, or
allowable formaldehyde test methods listed under 40
CFR section 770.20.
3. A review of the accreditation credentials of the TPC
laboratory, including a verification that the laboratory
has been accredited by an EPA-recognized Laboratory AB
to ISO/IEC 17025:2005(E): General requirements for the
competence of testing and calibration laboratories, with
a scope of accreditation to include 40 CFR part 770—
Formaldehyde Standards for Composite Wood Products
and the formaldehyde test methods ASTM El 333-10 and
ASTM D6007-02, if used, by a Laboratory AB.
0 Reassessment. Each Product AB must, in accordance with
ISO/IEC 17011:2004(E) Section 7.11, conduct an on-site
reassessment or surveillance on-site assessment at least
every two years of each EPA-recognized TPC that the AB
has accredited.
0 Suspension, reduction, withdrawal. Each Product AB must
suspend, reduce, or withdraw (as defined in ISO/IEC
17011:2004(E)) the accreditation of an EPA-recognized TPC
that the AB has accredited when circumstances, based on
the professional judgment of the AB, warrant such action.
0 Notifications. Each Product AB must provide the following
notifications to the EPA CDX for the following events:
Loss of its status as a signatory to the IAF MLA, or
loss of membership in one of the IAF recognized
regional accreditation cooperations, or an equivalent
organization as determined by EPA must be provided
within five calendar days of the date that the body
receives notification of the loss of its signatory or
membership status.
When a TPC has failed to comply with any provision of
40 CFR part 770, notification must be provided within 72
hours of the time the Product AB identifies the deficiency.
The notice must include a description of the steps taken
to address the deficiency.
Where there is a suspension, reduction or withdrawal of
an EPA-recognized TPC's accreditation, the notification
must be provided within 72 hours of the time that the
suspension, reduction or withdrawal takes effect.
Where there is a change in a non-domestic Product AB's
Agent for Service, notification must be provided within
five calendar days.
0 Records. Each Product ABs must maintain, in electronic
form, the checklists and other records documenting
compliance with the requirements for assessment,
reassessment, and surveillance on-site assessments of
EPA-recognized TPCs for three years.
0 Annual report. Product ABs must provide EPA an annual
report electronically via the EPA CDX on or before March
1st of each year for the AB services performed during
the previous calendar year including the number and
locations of assessment, reassessment, and surveillance
on-site assessments performed for each EPA-recognized
TPC.
0 EPA meetings. Product ABs must meet with EPA at least once
every two years in person, via teleconference, or through
other virtual methods to discuss the implementation of
the EPA program. EPA believes that this requirement will
further ensure the proper oversight of the EPA program.
0 Inspections. Product ABs must allow inspections of their
facilities by EPA at reasonable times, within reasonable
limits, and in a reasonable manner, upon the presentation
of appropriate credentials and a written notification to the
AB.
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Laboratory ABs
Compliance Requirements for Laboratory ABs
Under the EPA program, Laboratory ABs will ensure
that laboratories are qualified to conduct formaldehyde
emissions laboratory testing services, by accrediting them to
recognized international voluntary consensus standards and
the TSCA Title VI regulatory requirements discussed below.
Required Qualifications for Participation in the EPA
Program
To qualify for recognition by EPA as a Laboratory AB, an
applicant Laboratory AB must be:
A signatory to the International Laboratory Accreditation
Cooperation (ILAC) Mutual Recognition Arrangement
(MRA), or have membership in one of the ILAC recognized
regional accreditation cooperations, or an equivalent
organization as determined by EPA;
In conformance with ISO/IEC 17011:2004(E);
Competent to perform accreditation activities
for laboratory accreditation according to ISO/IEC
17025:2005(E); and
Competent to ensure EPA-recognized TPC inspection
activities are in conformance with ISO/IEC 17020:2012(E):
Requirements for the operation of various types of
bodies performing inspection.
Application for Recognition under the EPA Program
To be recognized under the EPA program, a Laboratory
AB must submit an application to EPA, which may be
submitted in conjunction with a Product AB application, via
the EPA CDX. Similar to Product ABs, the registration process
includes completing an electronic signature agreement,
preparing a data file for submission, agreeing to the terms
and conditions of CDX, providing information about the
submitter and organization, selecting a user name and
password, and following the procedures outlined in the
guidance document for CDX available at http://cdx.epa.gov/
Content/Documents/CDX_Quick_User_Guide.pdf.
The required Laboratory AB application information
includes:
Name, address, telephone number, and email address of
the organization or primary contact;
Documentation of ILAC MRA signatory status,
membership in one of the ILAC recognized regional
accreditation cooperations, or an equivalent
organization as determined by EPA;
Description of any other qualifications related to the
Laboratory AB's experience in performing laboratory
accreditation and inspection certification of TPCs
including an affirmation that assessors will be technically
competent to assess TPCs ability to perform their
activities under the final rule; and
If not a domestic entity, name and address of an Agent
for Service located in the United States.
Recognition Agreement with EPA
To be recognized by EPA under the EPA program, like
Product ABs, a Laboratory AB must enter into a recognition
agreement with EPA that describes the Laboratory AB's
responsibilities under the final rule. As with the recognition
agreement requirement for Product ABs, the recognition
agreement establishes a relationship between the Laboratory
AB and EPA to help ensure the proper oversight of TPCs
participating in the EPA program. Each recognition
agreement will be valid for three years. Laboratory ABs
must submit a renewal application via the EPA CDX before
the three-year period of the recognition agreement lapses.
The renewal application must indicate any changes from the
Laboratory AB's initial application or most recent renewal
application. If the Laboratory fails to submit an application
for renewal prior to the expiration of the previous
recognition agreement, its recognition will lapse and the
Laboratory AB may not provide accreditation services under
the EPA program. Note that if a Laboratory AB does submit
an application for renewal prior to the expiration of the
previous recognition agreement, it may continue to provide
TSCA Title VI accreditation services under the terms of its
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previous recognition agreement until EPA has taken action
on its application for renewal of the recognition agreement.
Note that information in this recognition agreement is not
eligible for treatment as CBI under TSCA Title VI.
Commitment to Impartiality
Laboratory ABs must commit to act impartially when
performing activities under the EPA program by ensuring
that:
An accreditation decision regarding a TPC is made
by persons different from those who conducted the
assessment of the TPC; and
The AB's personnel who assess TPCs or make decisions
regarding accreditation do not receive financial benefit
from the outcome of an accreditation decision.
Responsibilities
0 Accreditation. Each Laboratory AB must determine the
accreditation eligibility and accredit, if appropriate, each
TPC seeking recognition under the EPA program by
performing an assessment of each TPC. The assessment
must include the following components:
An on-site assessment by the Laboratory AB to determine
whether the laboratory meets the requirements of
ISO/IEC 17025:2005(E) and the EPA-recognized TPC
requirements under 40 CFR §770.7(c)(4) including the
formaldehyde test methods ASTM El 333-10 and ASTM
D6007-02, if used.
In performing the on-site assessment, the Laboratory
AB must develop a checklist of the TPC requirements
under paragraph 40 CFR §770.7(c)(4) of this and the key
conformity elements of ISO/IEC 17025:2005(E).
0 Reassessment. Laboratory ABs must, in accordance with
ISO/IEC 17011:2004(E) Section 7.11, conduct a follow-up
reassessment or surveillance on-site assessment of each
TPC laboratory that the AB has accredited.
0 Proficiency. Each Laboratory ABs must verify the accuracy
of the formaldehyde emissions tests conducted by the TPC
laboratory by ensuring the TPC laboratory participates in
the CARB interlaboratory comparison for formaldehyde
emissions when offered. In lieu of participation in the
CARB interlaboratory comparison, ensure that the TPC
laboratory participates in an EPA-recognized proficiency
testing program, if available.
0 Suspension, reduction, withdrawal. Each Laboratory AB
must suspend, reduce, or withdraw (as defined in ISO/IEC
17011:2004(E)) the accreditation of a TPC laboratory that
the AB has accredited when circumstances warrant, based
on the professional opinion of the Laboratory AB.
0 Notifications. Each Laboratory AB must provide the
following notifications to the EPA CDX for the following
events:
Loss of its status as a signatory to the ILAC MRA, or
loss of membership in one of the ILAC recognized
regional accreditation cooperations, or an equivalent
organization as determined by EPA must be provided
within five calendar days of the date that the body
receives notice of the loss of its signatory or membership
status;
When a TPC laboratory has failed to comply with any
provision of 40 CFR §770.7, notification must be provided
within 72 hours of the time the Laboratory AB identifies
the deficiency. The notice must include a description of
the steps taken to address the deficiency;
Notification of suspension, reduction or withdrawal of a
TPC laboratory's accreditation must be provided within
72 hours of the time that the suspension, reduction or
withdrawal takes effect; and
Where there is a change in a non-domestic Laboratory
AB's Agent for Service, notification must be provided
within five calendar days.
0 Records. Each Laboratory AB must maintain, in electronic
form, the checklists and other records documenting
compliance with the requirements for assessment,
reassessment, and surveillance on-site assessments of TPC
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laboratories for three years.
0 Annual Report. Each Laboratory AB must provide an annual
report via the EPA CDX on or before March 1st of each year
for AB services performed during the previous calendar
year including the number and locations of assessment,
reassessment, and surveillance on-site assessments
performed for each TPC laboratory.
0 EPA meetings. Each Laboratory AB must meet with EPA at
least once every two years in person, via teleconference,
or through other virtual methods to discuss the
implementation of the EPA program. EPA believes that this
requirement will further ensure the proper oversight of
the EPA program.
0 Inspections. Each Laboratory AB must allow inspections
of the AB's facilities by EPA, at reasonable times, within
reasonable limits, and in a reasonable manner, upon the
presentation of appropriate credentials and a written
notification to the AB.
TPCs
Compliance Requirements for TPCs that Certify
Composite Wood Products
TPCs that certify hardwood plywood, MDF, particleboard
and finished goods containing these products that are
sold, supplied, offered for sale, or manufactured (including
imported) in the United States must be recognized under
the EPA program. To be recognized under the EPA program,
a TPC must be accredited by an EPA-recognized Product AB,
use a laboratory that is accredited by an EPA-recognized
Laboratory AB, have the other qualifications described in 40
CFR §770.7, submit an application and be recognized by EPA,
and, upon recognition from EPA, impartially perform their
responsibilities under 40 CFR §770.7.
Alternatively, CARB-approved TPCs must meet the
criteria for reciprocity in 40 CFR §770.7 (d) in order to be
recognized by EPA as an EPA TSCATitle VI TPC. See the section
of this guide titled Reciprocity TPCs Approved by CARB.
Required Qualifications for Participation in
the EPA Program
To qualify for recognition by EPA as a TPC, an applicant
TPC must:
Be accredited by an EPA TSCA Title VI Product AB to
ISO/IEC 17065:2012(E) with a scope of accreditation
that includes include composite wood products and 40
CFR part 770—Formaldehyde Standards for Composite
Wood Products;
NOTE: The scope of accreditation requirement "40 CFR part
770—Formaldehyde Standards for Composite Wood Products"
means that the AB has verified the TPCs ability to perform their
duties under the regulation including their responsibilities
under40 CFR §770.7 (c)(4).
Be accredited, or have a contract with a laboratory that
is accredited, by an EPA-recognized Laboratory AB to
ISO/IEC 17025:2005(E) with a scope of accreditation to
include 40 CFR part 770—Formaldehyde Standards for
Composite Wood Products and the formaldehyde test
methods ASTM El 333-10 and ASTM D6007-02, if used;
NOTE: The scope of accreditation requirement "40 CFR part
770—Formaldehyde Standards for Composite Wood Products"
means that the AB has verified the TPCs ability to perform their
duties under the regulation including their responsibilities under
40 CFR §770.7 (c)(4). The scope of accreditation requirement for
the test methods "ASTM El 333-10 and ASTM D6007-02, if used"
means that the TPC has been accredited to be proficient in ASTM
El333-10 and, if the TPC uses the test method, ASTM D6007-02.
Have the ability to conduct inspections of composite
wood products and properly train and supervise
inspectors to inspect composite wood products in
conformance with ISO/IEC 17020:2012(E) as required
under ISO/IEC 17065:2012(E) Section 6.2.1.;
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NOTE: TPCs are not required to be accredited to ISO/IEC
17020:2012(E), but rather be in conformance with the standard.
Have demonstrated experience in the composite wood
product industry with at least one type of composite
wood product and indicated the specific product(s) the
applicant intends to certify; and
Have demonstrated experience in performing or verifying
formaldehyde emissions testing on composite wood
products, including experience with test method ASTM
El333-10 and ASTM D6007-02, if used, and experience
evaluating correlation between test methods.
Application for Recognition under the EPA Program
To be recognized by EPA under the EPA program, a
TPC must submit an application and renew that application
every two years via the EPA CDX. The registration process
includes completing an electronic signature agreement,
preparing a data file for submission, agreeing to the Terms
and Conditions of CDX, providing information about the
submitter and organization, selecting a user name and
password, and following the procedures outlined in the
guidance document for CDX available at http://cdx.epa.gov/
Content/Documents/CDX_Quick_User_Guide.pdf.
The required TPC application information includes:
Name, address, telephone number, and email address of
the organization or primary contact;
Type of composite wood products that the applicant
intends to certify;
A copy of the TPC's certificate of accreditation from an
EPA-recognized Product AB to ISO/IEC 17065:2012(E)
with a scope of accreditation that includes composite
wood products and 40 CFR part 770—Formaldehyde
Standards for Composite Wood Products;
A copy of the TPC laboratory's certificate of accreditation
from an EPA-recognized Laboratory AB to ISO/IEC
17025:2005(E) with a scope of accreditation to include 40
CFR part 770-Formaldehyde Standards for Composite
Wood Products and the formaldehyde test methods
ASTM El 333-10 and ASTM D6007-02, if used;
An affirmation of the TPC's ability to conduct inspections
of composite wood products and properly train and
supervise inspectors to inspect composite wood
products in conformance with ISO/IEC 17020:2012(E) as
required under ISO/IEC 17065:2012(E) Section 6.2.1.;
A description of the TPC's experience in the composite
wood product industry with at least one type of
composite wood product and indicate the specific
product(s) the applicant intends to certify;
A description of the TPC's experience in performing or
verifying formaldehyde emissions testing on composite
wood products;
A description of the TPC's experience with test method
ASTM El 333-10 and/or ASTM D6007-02, if used,
and experience evaluating correlation between test
methods; and
If not a domestic entity, the name and address of an
Agent for Service located in the United States.
Commitment to Impartiality
TPCs must act impartially in accordance with their
accreditation when performing activities under the EPA
program. To ensure the integrity of the EPA program, TPCs
must take the steps necessary to address any conflicts of
interest.
To demonstrate impartiality, TPCs must:
Not also be, or have a financial interest in, a panel
producer, fabricator, laminated product producer,
importer, designer, distributor or retailer of composite
wood products;
Ensure that TPC management personnel and TPC
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NOTE: Applicant TPCs that have demonstrated experience with
test method ASTM D6007-02 only must be contracting testing
with a laboratory that has a large chamber and demonstrate its
experience with ASTM El333-10.
NOTE: An Agent for Service is an entity designated by a TPC or
AB to receive legal documents on their behalf. TPCs have the
option to share an Agent for Service, meaning one Agent for
Service can provide service for multiple TPCs recognized under
TSCA Title VI.

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personnel involved in the review and certification
decision-making process for composite wood products
are not involved in activities within the same or separate
legal entity that may compromise the impartiality of its
certification decision-making process, such as advocacy
or consulting activities;
Ensure that TPC management personnel and TPC
personnel of the same or separate legal entity involved
in activities such as advocacy or consulting are not
involved in the management of the certification body,
the review, or the certification decisions; and
Ensure that TPC management personnel and TPC
personnel certifying composite wood products sign
a conflict of interest statement attesting that they
will receive no financial benefit from the outcome of
certification.
Responsibilities
0 Certification. TPCs recognized under the EPA program
must certify composite wood products that are produced
in accordance with 40 CFR part 770 and that comply with
the emission standards of TSCA Title VI and 40 CFR §770.7,
in accordance with ISO/IEC 17065:2012(E). For each panel
producer making composite wood products certified by
the TPC, the TPC must:
Verify that each panel producer has adequate quality
assurance and quality control procedures and is
complying with the applicable quality assurance and
quality control requirements;
Verify each panel producer's quality control test results
compared with test results from ASTM El 333-10 and
ASTM D6007-02, if used, by having the TPC laboratory
conduct quarterly tests and evaluate test method
equivalence and correlation as required under 40 CFR
§770.20;
In consultation with the panel producer, establish
quality control limits (QCLs) for formaldehyde emissions,
and, if applicable, shipping quality control limits or other
formaldehyde emission limits, for each panel producer
and product type;
Establish, for each panel producer, the process that will
be used to determine if products are exceeding the
applicable QCL;
Provide its CARB or EPA TPC number to each panel
producer for labeling and recordkeeping; and
Inspect each panel producer, its products, and its
records at least quarterly in conformance with ISO/IEC
17020:2012(E) as required under ISO/IEC 17065:2012(E)
Section 6.2.1.
0 Laboratories. For quarterly testing, each TPC must use
only laboratories that have been accredited by an EPA-
recognized Laboratory AB and that either participate in
the CARB interlaboratory comparison for formaldehyde
emissions when offered or in an EPA-recognized proficiency
or interlaboratory program, if available.
0 NAF and ULEF. For panel producers that do not receive
approval for NAF or ULEF third-party certification
exemptions or ULEF reduced testing from CARB, TPCs
must review applications for NAF or ULEF third-party
certification exemptions or ULEF reduced testing. Each
TPC must approve these applications within 90 calendar
days of receipt if the panel producer demonstrates that
the requirements for third-party certification exemption
under 40 CFR §770.17 or 770.18 or reduced testing under
40 CFR §770.18 are met.
0 Reduced testing for MDF orparticleboard. TPCs must review
applications from panel producers to reduce the number
of quality control tests for particleboard and MDF, and
approve these applications within 90 calendar days of
receipt if the panel producer demonstrates that the
requirements for reduced testing under 40 CFR section
770.20 (b)(2)(ii) are met.
0 Notifications to EPA. Each TPC must provide notifications to
EPA via the EPA CDX for the following events:
An approved or rejected application, including a renewal
application, for a NAF or ULEF third-party certification
exemption or ULEF reduced testing. The notification must
be provided within five calendar days of the approval or
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rejection and copies of all approved applications must
be forwarded to EPA within 30 calendar days of approval.
An approved or rejected application, including a
renewal application, for reduced testing for MDF or
particleboard. Notification must be provided within five
calendar days of the approval or rejection and copies
of all approved applications must be forwarded to EPA
within 30 calendar days of approval.
When a panel producer exceeds its established QCL
for more than two consecutive quality control tests,
notification must be provided within 72 hours of
the time that the TPC becomes aware of the second
exceedance. The notice must include the product type,
dates of the quality control tests that exceeded the QCL,
quality control test results, ASTM El 333-10 correlative
equivalent values, the established QCL value(s) and the
quality control method used.
For each failed quarterly tests, (i.e., any sample that
exceeds the applicable formaldehyde emission standard
in 40 CFR §770.10), notification must be provided to
EPA within 72 hours. Information in this notification
is not eligible for treatment as confidential business
information.
Where there is a change in a non-domestic TPC's Agent
for Service, notification must be provided within five
calendar days.
Loss of accreditation or notification that the TPC has
discontinued its participation in the EPA program must
be provided within 72 hours.
0 Other Notifications. Each TPC must provide the following
notifications, if applicable:
Notification of each failed quarterly tests, that is any
sample that exceeds the applicable formaldehyde
emission standard in 40 CFR §770.10, must be provided
to the panel producer in writing within 72 hours.
Notification of a loss of accreditation or notification
that the TPC has discontinued its participation in the
EPA program must be provided within 72 hours to all
panel producers for which it provides EPA TSCA Title VI
certification services.
Notification of any changes in personnel qualifications,
procedures, or laboratories used must be provided to
the TPC's EPA-recognized ABs within 30 calendar days.
0 Records. Each TPC must maintain, in electronic form, the
following records for three years from the date the record
is created, and provide them to EPA within 30 calendar
days of a request from EPA:
A list of panel producers and their respective products
and product types, including type of resin systems used,
that the TPC has certified;
Results of inspections and formaldehyde emissions tests
conducted for and linked to each panel producer and
product type;
A list of laboratories used by the TPC, as well as all
test methods used, including test conditions and
conditioning time, and quarterly test results;
Methods and results for establishing test method
correlations and equivalence;
Documentation for NAF or ULEF third-party certification
exemptions or ULEF reduced testing approvals,
including the name of the panel producer, facility,
products approved, type of resin systems used and dates
of approval;
Documentation of reduced testing approval for panel
producers of MDF or particleboard, including the name
of the panel producer, products approved and dates of
approval; and
A copy of the most recent assessment, reassessment,
and/or surveillance on-site assessment report provided
by its EPA-recognized ABs.
0 Annual Report. Each TPC must provide an annual report via
the EPA CDX on or before March 1st of each year for the
TPC services performed during the previous calendar year.
The report must contain all of the following elements, as
applicable:
For each panel producer making composite wood
products certified by the TPC, the TPC must provide the
following information:
i. Composite wood products that the TPC has certified
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during the previous calendar year;
ii.	Types of resin systems used for the composite wood
products certified;
iii.	Dates of quarterly inspections;
iv.	For each quarterly test, the date, result, test method,
and whether a contract laboratory was used;
v.	For each failed quarterly test, the product type,
the volume of product affected, the results of
recertification testing, and a description of the final
disposition of the affected product, including how
the non-complying lot was addressed;
vi.	For each non-complying lot resulting from a failed
quality control test, the test date, method, product
type, volume of product affected, lot numbers, the
results of retesting, and a description of the final
disposition of the affected product, including how
the non-complying lot was addressed; and
vii.	Any corrective actions that resulted from quarterly
tests and inspections.
The TPC must provide a list of laboratories and test
methods used by the TPC, number and volume (cubic
meters) of large and small chambers, date of equivalence
determination and equivalence data.
The TPC must describe any non-conformities identified
by its EPA-recognized AB(s) and how they were
addressed.
The TPC must provide the results, compared with
the mean of the interlaboratory comparison, for all
formaldehyde emissions interlaboratory comparisons
outside of the CARB interlaboratory comparison or, if
available, the results of an EPA-recognized proficiency
testing program.
0 Assessments and Inspections. Upon request, each EPA TPC
must allow EPA representatives to:
Accompany the TPC's staff during an assessment,
reassessment or surveillance on-site assessment of the
TPC by its AB(s); and
Inspect the TPC's facilities, at reasonable times, within
reasonable limits, and in a reasonable manner, upon the
presentation of appropriate credentials and a written
notification to the TPC.
Reciprocity for TPCs Approved by CARB
During the Transitional Period
Existing TPCs approved by the California Air Resources
Board and TPCs approved by CARB during the transitional
period (beginning on December 12, 2016 and ending on
December 12, 2018) may certify composite wood products
under TSCA Title VI until December 12,2018, as long as they:
Remain approved by CARB;
Apply to EPA via the EPA CDX at https://cdx.epa.gov and
become recognized by EPA;
Comply with all aspects of the rule requirements at
40 CFR §770.7 other than the requirements of 40 CFR
§770.7(c)(1)(i)-(ii) and (c)(2)(iii) and (iv);
Provide panel producers with the TPC number issued by
CARB;
Provide the annual report required by 40 CFR Section
770.7(c)(4)(viii), and mentioned earlier in this guide, to
CARB and EPA during the two-year transitional period;
Provide notifications required by paragraph (c)(4)(v) to
EPA; and
Receive recognition from EPA as an EPA TSCA Title VI TPC.
After the Transitional Period
After December 12, 2018, TPCs approved by CARB and
recognized by EPA as EPA TSCA Title VI TPCs may continue to
certify composite wood products under TSCA Title VI after
the two-year transitional period, if the TPC:
Maintains its CARB approval;
Complies with the requirements of 40 CFR §770.7
(including the accreditation requirements at 40 CFR §§
770.7(c)(1)(i)-(ii)); and
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NOTE: The annual reporting and notification requirements
must be submitted to EPA via the EPA CDX.

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Submits to EPA via the EPA CDXthefollowing information:
i.	Documentation from CARB that specifies their
eligibility for reciprocity; and
ii.	A copy of the application submitted to CARB to be
recognized as a TPC under the CARB ATCM.
Receives recognition from EPA as an EPA TSCA Title VI
TPC.
Suspension, Revocation or Modification of
EPA Recognition
TPCs
EPA may suspend, revoke or modify the recognition of a
TPC, if the TPC:
Fails to comply with any requirement of TSCA Title VI or
40 CFR part 770;
Makes any false or misleading statements on its
application, records, or reports; or
Makes substantial changes to personnel qualifications,
procedures, or laboratories that make the TPC or TPC
laboratory unable to comply with any applicable
requirements of 40 CFR part 770.
ABs
EPA may suspend, revoke or modify the recognition of
an AB if the AB:
No longer maintains signatory status to the IAF MLA or
ILAC MRA, membership in one of the IAF/ILAC recognized
regional accreditation cooperations, or an equivalent
organization as determined by EPA;
Fails to comply with any requirement of TSCA Title VI or
40 CFR part 770;
Makes any false or misleading statements on its
application, records, or reports; or
Makes substantial changes to personnel qualifications or
procedures that make the AB, TPC and/or TPC laboratory
unable to comply with any applicable requirements of
40 CFR part 770.
Process for Suspending, Revoking or Modifying
Recognition
Prior to taking action to suspend, revoke or modify
recognition, EPA will notify the participant AB or the
participant TPC in writing of the following:
The legal and factual basis for the proposed suspension,
revocation or modification;
The anticipated commencement date and duration of
the suspension, revocation or modification;
Actions, if any, which the affected AB or TPC may take
to avoid suspension, revocation or modification, or to
receive recognition in the future;
The opportunity and method for requesting a hearing
with EPA prior to final suspension, revocation or
modification; and
If the affected AB or TPC requests a hearing in writing to
EPA within 30 calendar days of receipt of the notification,
EPA will:
i.	Provide the affected AB or TPC an opportunity to
offer written statements in response to EPA's or the
AB's assertions of the legal and factual basis for the
proposed action; and
ii.	Appoint an impartial EPA official as Presiding Officer
to conduct the hearing. The Presiding Officer will:
Conduct a fair, orderly, and impartial hearing
within 90 calendar days of the request;
Consider all relevant evidence, explanations,
comments and arguments submitted; and
Notify the affected AB or TPC in writing within 90
calendar days of completion of the hearing of his or
her decision and order. Such an order is a final EPA
action which may be subject to judicial review.
The order must contain the basis, commencement
date, and duration of the suspension, revocation
or modification.
If EPA determines that the public health, interest, or
NOTE: EPA retains the authority to deny recognition ofCARB-
approved TPCs who seek recognition through reciprocity in the
EPA program if EPA has information indicating that the TPC is
not qualified.
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welfare warrants immediate action to revoke the recognition
of an AB or TPC prior to the opportunity for a hearing, it
will notify the affected AB or TPC of its right to request
a hearing on the immediate revocation within 15 calendar
days of the revocation taking place and the procedures for
the conduct of such a hearing.
Any notification, decision, or order issued by EPA under
this section, any transcript or other verbatim record of oral
testimony, and any documents filed by a certified individual
or firm in a hearing under this section will be available to the
public, except as otherwise provided by TSCA §14. Any such
hearing at which oral testimony is presented will be open
to the public, except that the Presiding Officer may exclude
the public to the extent necessary to allow presentation of
information which may be entitled to confidential treatment
under TSCA §14.
EPA will maintain a publicly available list of ABs on its
website whose recognition has been suspended, revoked or
modified, or reinstated and a publicly available list of TPCs
whose recognition has been suspended, revoked, modified,
or reinstated.
Unless specified otherwise, an AB or a TPC whose
recognition has been revoked must reapply for recognition
in order to become recognized again. Also, unless specified
otherwise, an AB whose recognition has been revoked or a
TPC whose recognition has been revoked, must immediately
notify all TPCs or panel producers to which it provides
TSCA Title VI accreditation or certification services of the
revocation.
Effect of the Loss of Recognition or
Accreditation
ABs
If an AB is removed or withdraws from the EPA program:
For reasons other than fraud or providing false or
misleading statements, and other than a reason that
implicates a particular TPC in a violation of TSCA Title
VI, TPCs accredited by that AB can continue to certify
products under TSCA Title VI for 180 calendar days.
Following 180 calendar days, the TPC may not certify
products under TSCA Title VI until they are accredited by
another EPA-recognized AB and re-recognized by EPA;
and
Due to fraud or providing false or misleading statements
with respect to a particular TPC, or for any other reason
that implicates a particular TPC in a violation of TSCA
Title VI, that TPC may not provide any TSCA Title VI
certification services until it has been accredited again
by another EPA-recognized AB and re-recognized by EPA.
TPCs
If a TPC loses its accreditation, or if a TPC is removed or
withdraws from the EPA program:
For reasons other than fraud or providing false or
misleading statements, and other than a reason that
implicates a particular panel producer in a violation of
TSCA Title VI, the panel producers that used the TPC to
certify their products must enlist another EPA-recognized
TPC to certify their products within 90 calendar days. If
the panel producer is not able to obtain the services
of another EPA TSCA Title VI TPC within 90 days, the
panel producer may request from EPA a 90 calendar day
extension. During the time a panel producer is seeking
a new TPC, it must continue to comply with all other
requirements of TSCA Title VI, including quality control
testing; and
Due to fraud or providing false or misleading statements
with respect to a particular panel producer, or for any
other reason that implicates a particular panel producer
in a violation of TSCA Title VI, that panel producer may
not sell, supply, offer for sale, or manufacture composite
wood products for sale in the United States until its
composite wood products have been recertified by
another EPA-recognized TPC.
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Process for Denying EPA TSCA Title VI
Recognition
Upon EPA denying a request for recognition of an AB or
TPC, EPA will notify the AB or TPC in writing of the following:
The legal and factual basis for the denial; and
Actions, if any, which the affected AB or TPC may take to
receive recognition in the future.
CBI Substantiation
TPCs and ABs will be able to submit CBI claims on behalf
of themselves or their clients for the other information
reported to EPA. EPA requests that CBI claims for information
that is generally already publicly available (status of a
TPC or AB's participation in the EPA TSCA Title VI Third-
Party Certification Program, and the basic credentials and
contact information for those entities) be substantiated
when provided via the EPA CDX. This type of information
is expected to typically be publicly available (e.g., on an
entity's own website or marketing material), but in case
there are exceptions EPA is allowing the opportunity to
claim this information as CBI. EPA notes that ABs and TPCs
may use a business email and phone number, and write the
descriptions of their credentials broadly so that it excludes
information the entity considers to be confidential.
Pursuant to the Frank R. Lautenberg Chemical Safety for
the 21st Century Act (Pub. L. 114-182) signed into law on June
22, 2016, TSCA §14(c) now requires a supporting statement
and certification for confidentiality claims asserted after
June 22, 2016. EPA is requiring a statement and certification
consistent with the Section 14(c)(1)(B) statement (and with
a related certification requirement in Section 14(c)(5) of the
revised statute) to meet the new statutory requirements.
TSCA §14(g)(1) also requires EPA to make determinations for
at least 25% of most types of CBI claims, which will include
claims submitted by TPCs and ABs.
How Is My Compliance Determined, and
What Happens if the Agency Discovers a
Violation?
To maximize compliance, EPA implements a balanced
program of compliance assistance, compliance incentives,
and traditional law enforcement. EPA knows that small
businesses that must comply with complicated new statutes
or rules want to do the right thing, but may lack the requisite
knowledge, resources, or skills. Compliance assistance
information and technical advice helps small businesses
to understand and meet their environmental obligations.
Compliance incentives, such as EPA's Small Business
Policy, apply to businesses with 100 or fewer employees
and encourage persons to voluntarily discover, disclose,
and correct violations before they are identified by the
government (more information about EPA's Small Business
Policy is available at https://www.epa.gov/enforcement/
small-businesses-and-enforcement). EPA's enforcement
program is aimed at protecting the public by targeting
persons or entities who neither comply nor cooperate to
address their legal obligations.
EPA uses a variety of methods to determine whether
businesses are complying, including facility inspections,
reviewing records and reports, coordinating with U.S.
Customs and Border Protection on importing, and
responding to citizen tips and complaints. Under TSCA, EPA
may file an enforcement action against violators seeking
penalties of up to $37,500 per violation, per day. The
proposed penalty in a given case will depend on many factors,
including the number, length, and severity of the violations,
the economic benefit obtained by the violator, and its ability
to pay. EPA has policies in place to ensure penalties are
calculated fairly. These policies are available to the public. In
addition, any company charged with a violation has the right
to contest EPA's allegations and proposed penalty before an
impartial judge or jury.
EPA encourages small businesses to work with the
Agency to discover, disclose, and correct violations. The
Agency has developed self-disclosure, small business, and
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small-community policies to modify penalties for small and
large entities that cooperate with EPA to address compliance
problems. For more information on compliance assistance
and other EPA programs for small businesses, please contact
EPA's Small Business Ombudsman at (202) 566-2075.
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For More Information
Get additional information at http://www.epa.gov/
formaldehyde.
The regulations can be found in the Federal Register
(Vol. 81, No. 81, p. 89674) at https://www.regulations.gov/
document?D=EPA-HQ-OPPT-2016-0461 -0001.
Where Can I Go If I Have Questions or Need
Further Assistance?
For inquiries specific to AB and TPC compliance,
applications, and recognition maintenance, please contact
the EPA TSCA Title VI Third-Party Certification Program team
with questions by email at NPCD-HCHO@epa.gov.
For general inquiries about EPA's TSCA Title VI Program,
please contact EPA's TSCA Hotline with questions by
telephone at (202) 554-1404, by fax at (585) 232-3111, or by
email at tsca-hotline@epa.gov.
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Appendix
Acronym
List
AB
Accreditation Body
CARB
California Air Resources Board
FR
Federal Register
IAF MLA
International Accreditation Forum

Multilateral Agreement
ILAC MR A
International Laboratory Accreditation

Cooperation Mutual Recognition

Agreement
MDF
Medium-Density Fiberboard
NAF
No-Added Formaldehyde
QCL
Quality Control Limit
TPC
Third-Party Certifier
TSCA
Toxic Substances Control Act
ULEF
Ultra Low-Emitting Formaldehyde
Glossary of Environmental Terms
Agent for Service means an entity designated by a TPC or
AB to receive legal documents on their behalf.
Assessment means a process to include an on-site review
undertaken by an AB to assess the competence of all
operations of a conformity assessment body and TPC, based
on particular standard(s) and/or other normative documents
for a defined scope of accreditation, as defined in ISO/
IEC 17011:2004(E) (incorporated by reference, see 40 CFR
§770.99).
EPA TSCA Title VI Laboratory Accreditation Body or
EPA TSCA Title VI Laboratory AB means an AB that has
a recognition agreement with EPA under the EPA TSCA
Title VI Third-Party Certification Program, accredits a TPC's
testing laboratory or contract testing laboratory to ISO/
IEC 17025:2005(E) (incorporated by reference, see 40 CFR
§770.99) with a scope of accreditation to include 40 CFR part
770 and the formaldehyde test methods used to comply
with 40 CFR part 770, and assesses the testing laboratory's
conformance to ISO/IEC 17020:2012(E) (incorporated by
reference, see § 770.99) in order to perform laboratory
testing services.
EPA TSCA Title VI Product Accreditation Body or
EPA TSCA Title VI Product AB means an AB that has a
recognition agreement with EPA under the EPA TSCA Title
VI Third-Party Certification Program, accredits a TPC to ISO/
IEC 17065:2012(E) (incorporated by reference, see 40 CFR
§770.99) with a scope of accreditation to include composite
wood products and 40 CFR part 770, and assesses the TPC's
conformance to ISO/IEC 17020:2012(E) (incorporated by
reference, see 40 CFR §770.99) in order to perform product
certification.
EPA TSCA Title VI Third-Party Certifier or EPA TSCA Title VI
TPC means a conformity assessment body that provides both
product certification services and laboratory testing services
(either directly or through contracted services), is accredited
by an EPA TSCA Title VI Product AB and an EPA TSCA Title
VI Laboratory AB (unless the laboratory testing services are
contracted to a laboratory accredited by an EPA TSCA Title
VI Laboratory AB), and is recognized by EPA pursuant to 40
CFR §770.7(c).
Laboratory Accreditation Body or Laboratory AB means
an AB that accredits conformity assessment body testing
laboratories.
No-added formaldehyde-based or NAF resin means a resin
formulated with no added formaldehyde as part of the resin
crosslinking structure in a composite wood product that
meets the emission standards in § 770.17(c).
Non-complying lot means any lot of composite wood
product represented by a quarterly test value or quality
control test result that indicates that the lot exceeds the
applicable standard for the particular composite wood
product in 40 CFR §770.10(b). A quality control test result that
exceeds the QCL is considered a test result that indicates that
the lot exceeds the applicable standard. Future production
of the product type(s) represented by a failed quarterly
test are not considered certified and must be treated as a
non- complying lot until the product type(s) are re-qualified
through a successful quarterly test.
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Product Accreditation Body or Product AB means an AB
that accredits conformity assessment bodies who perform
product certification.
Quality control limit or QCL means the value from the
quality control method test that is the correlative equivalent
to the applicable emission standard based on the ASTM
El 333-10 method (incorporated by reference, see § 770.99).
Reassessment means an assessment, as described in
Sections 7.5 to 7.11 of ISO/IEC 17011:2004(E) (incorporated
by reference, see 40 CFR §770.99), except that experience
gained during previous assessments shall be taken into
account.
Scavenger means a chemical or chemicals that can be
applied to resins or composite wood products either during
or after manufacture and that react with residual or excess
formaldehyde to reduce the amount of formaldehyde that
can be emitted from composite wood products.
Shipping quality control limit means a quality control limit
that is developed in conjunction with an EPA TSCA Title VI
TPC that is based on panels prior to shipment rather than
immediately after manufacturing.
Third-party certifier or TPC means a conformity assessment
body that provides both product certification services
and laboratory testing services (either directly or through
contracted services).
TPC laboratory means a laboratory or contract laboratory
of an EPA TSCA Title VI TPC that is accredited by an EPA TSCA
Title VI Laboratory AB to ISO/IEC 17025:2005(E) (incorporated
by reference, see 40 CFR §770.99), and whose inspection
activities are in conformance with ISO/IEC 17020:2012(E)
(incorporated by reference, see 40 CFR §770.99).
Surveillance On-Site Assessment means a set of on-site
activities that are less comprehensive than reassessment, to
monitor the continued fulfilment by accredited conformance
assessment bodies of requirements for accreditation, as
described in Sections 7.5 to 7.11 of ISO/IEC 17011:2004(E)
(incorporated by reference, see 40 CFR §770.99).
Ultra low-emitting formaldehyde or ULEF resin means a
resin in a composite wood product that meets the emission
standards in 40 CFR §770.18(c).
Small Entity Compliance Guide for Accreditation Bodies and Third-Party Certifiers	23

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