DfE Formulator Program - Application for Product Recognition (Cleaning Products)

Boilerplate Partnership Agreement – Formulators “Commercial Cleaning”

PARTNERSHIP AGREEMENT
BETWEEN
{Company Partner}
AND
U.S. ENVIRONMENTAL PROTECTION AGENCY
DESIGN FOR THE ENVIRONMENT PROGRAM

1

Statement of Purpose

The purpose of this Partnership Agreement (“Agreement”) is to set forth the basis, terms,
and goals of the Design for the Environment (“DfE”) voluntary partnership between {Company
Partner} of {City, State and the U.S. Environmental Protection Agency (“EPA”). The
partnership is part of the DfE safer chemical use initiative for commercial formulators. The
basic goal of the initiative is to seek and promote innovative chemical products, technologies,
and practices that benefit human health and the environment.
A key purpose of the partnership program is to recognize and encourage the formulation
of products with environmentally preferable chemistry. For the purpose of this Agreement,
these products include the following {Company Partner} products: [product tradenames] (the
“Qualifying Products”). The partnership will strive to promote and advance the environmental,
technological, and efficiency benefits of these and future Qualifying Products.
This Agreement describes in general terms how {Company Partner} formulates the
Qualifying Products, their environmental and human health benefits, and how {Company
Partner} and EPA/DfE will work together to continually improve the health and environmental
profile of the Qualifying Products and educate the consumer on these improvements and the
DfE Program.

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2

Statement of Context and Challenge

Each year, commercial formulators use billions of pounds of chemical ingredients to
make a wide variety of general purpose and specialized cleaning products. EPA is concerned
about the effect certain chemicals might have on environmental quality and on the health and
safety of workers and the public who use cleaning products or may come in contact with them.
EPA believes that cleaning product formulators can improve the environmental and
health profile of their products by using ingredients that are inherently less toxic, less
environmentally persistent, less bioaccumulative, and that degrade to substances with similar
desirable characteristics when compared to ingredients in some conventional formulations.
Additional benefits can be derived through environmentally oriented reformulation. Energy
efficiency, resource conservation, and sound management practices offer important additional
components for measurable and sustainable improvement in cleaning products and programs.
EPA believes that conventional cleaning formulations, especially those for
industrial/institutional (“I/I”) use, may rely on certain ingredients whose environmental and
human health profiles can be improved.
3

{Company Partner}’s Improved Cleaning Chemistries

In conjunction with the DfE review process, {Company Partner} has reformulated a set
of cleaning products for I/I cleaning and maintenance that, according to {Company Partner},
meet EPA/DfE’s recommendations and offer improved health and environmental characteristics.
These Qualifying Products contain no (e.g. inorganic phosphates, hazardous solvents, or
environmentally harmful surfactants). Instead, they use a proprietary blend of (e.g. surfactants,
solvents, pH adjustors, and other ingredients), which exhibit more positive environmental and
human health characteristics than conventional cleaning formulations.
In addition, these Qualifying Products only use surfactants that biodegrade readily to
non-polluting substances, which helps relieve stress on the environment, especially threats to
aquatic life. By not including environmentally harmful builders or extreme pH in these
formulations, the environment-friendly profile and safety characteristics of these products is
further enhanced. For example, an inorganic phosphate-free formula may promote a better
balance of nutrients in the environment and healthier fresh water bodies. Safer sequestrants
biodegrade readily to non-hazardous compounds and protect against environmental loading of
metals. Mild pH formulas help protect workers, the environment, and building infrastructure.
(For more information on the attributes and benefits of these products, see section 7.)
Please Note: EPA/DfE relies solely on {Company Partner}, its integrity and good faith, for
information on the composition, ingredients, and attributes of its Qualifying Products.
EPA/DfE has not independently identified, i.e., via chemical analysis, the ingredients in the
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submitted formulas, nor evaluated any of {Company Partner}’s non-ingredient claims.
EPA/DfE expresses its judgment and professional opinion only as to the environmental and
human health characteristics of the Qualifying Products, based on currently available
information and scientific understanding. {Company Partner}’s obligations under any federal,
state, or local regulations governing the company or these products are in no way altered by its
partnership with EPA/DfE.
4

{Company Partner}’s Commitment to Formulate for the Environment

As part of the {Company Partner}–EPA/DfE partnership, {Company Partner} agrees to
formulate and produce the Qualifying Products using agreed upon ingredients which have a
more positive health and environmental profile than conventional formulations. To preserve the
non-confidential nature of this document, a generic description of the ingredients in the
Qualifying Products and their key characteristics appears below.
As documentation of the Qualifying Products at the time of this Agreement, and to set a
baseline for future improvements and formula changes, {Company Partner} has provided to
EPA/DfE the specific and complete chemical composition for these products. This section’s
ingredient-by-ingredient descriptions are intended to serve as surrogates for the actual formulas.
{Company Partner} reserves the right, however, to change ingredients, provided that their
health/environmental profile is equal to or better than those in the current formulations and that
any substitution occurs in consultation and agreement with EPA/DfE (see section 11).
If any change is made to the agreed formulation, {Company Partner} agrees to notify
EPA/DfE of the change and provide the new formulation. EPA/DfE agrees to notify {Company
Partner} of the need for ingredient profiling and will make recommendations for changes to the
formulation as needed in order to remain a Qualifying Product.
The following is a non-confidential representation of the ingredients in the Qualifying
Products, with their key characteristic (including green chemistry status or areas identified for
future improvement), as evaluated by EPA/DfE:
Ingredient
[Qualifying Product]
e.g. Surfactant
Solvent
Builder
Colorant

Key Evaluation Characteristic
Readily biodegradable, low concerns for
byproducts. Meets DfE Screen for Surfactants.
Low health and environmental concerns.
Low health and environmental concerns.
Could be improved (see sec. 5)

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Adoption and use of the formulations described in this Agreement does not preclude, nor
should it impede, {Company Partner} in its efforts to further improve the health and
environmental profile of the Qualifying Products. In fact, a main element of the {Company
Partner}–EPA/DfE partnership is to provide {Company Partner} the opportunity to work with
EPA chemists, environmental scientists, and risk reduction staff in investigating materials to
further improve the health and environmental profile of its Qualifying Products.
5

Continuous Environmental Improvement

{Company Partner} agrees to make continuous environmental improvement an important
element of its research and development activities related to its Qualifying Products. In addition
to the environmentally oriented formulations set forth in section 4, {Company Partner} agrees to
investigate the feasibility of making additional improvements in the environmental and health
profile of the Qualifying Products. Specifically, {Company Partner} agrees to consider use of
an alternative preservative and colorants, as recommended by EPA/DfE. {Company Partner}
agrees to undertake this formulation review during the period of the Agreement
{Company Partner} may consult with EPA/DfE about other products and, following
EPA/DfE review and assessment, may request that one or more new Qualifying Products be
added to this Agreement. With EPA/DfE’s approval, this Agreement may be amended as set
forth in Section 11 to include new Qualifying Products.
{Company Partner} and EPA/DfE agree to discuss on a yearly basis the status of
{Company Partner}’s reformulation research and continuous improvement activities related to
the Qualifying Products. {Company Partner} may, at any time, request consultation and
technical assistance from EPA in determining which chemical ingredients possess more positive
health/environmental characteristics. {Company Partner} may use informational materials from
DfE’s website, for example, the DfE Formulator Program: A Discriminating and Protective
Approach to Cleaning Product Review and Recognition
(www.epa.gov/dfe/pubs/formulat/formulator_review1.pdf), as general guides to environmentally
desirable attributes for cleaning products.
6

Formulator Right to Know

Cleaning product formulators have a right to know the properties and potential risks – to
their employees, customers, and communities – of the chemicals they use. Manufacturers of
raw materials for detergents and other cleaning products should ascertain and communicate the
properties and potential toxicity of their products, especially those made and sold in large
quantities.

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As part of its partnership with EPA/DfE, {Company Partner} agrees to ask its raw
material suppliers for test data on the chemicals they sell and that {Company Partner} uses in its
products. If the raw material suppliers do not have test data on their chemicals, {Company
Partner} agrees to encourage them to perform basic physico-chemical and toxicity testing.
Upon request by EPA/DfE, {Company Partner} agrees to share with EPA/DfE any available
chemistry or toxicity information on its ingredients that it obtains from its suppliers.
To help ensure that any new testing serves to enhance the profile and general
understanding of a particular chemical, all prospective studies should be considered in the
context of the guidance offered in EPA’s High Production Volume Challenge Program (see
http://www.epa.gov/chemrtk/volchall.htm) and the Screening Information Data Set (SIDS)
Program of the Organization for Economic Co-operation and Development (to learn more, visit
http://www.epa.gov/oppt/chemtest/oecdsids.htm and the SIDS Test Guidelines at
http://www.epa.gov/chemrtk/sidsappb.htm).
7

User Benefits
{Company Partner}’s Qualifying Products offer users the following set of benefits:

Environmental Protection
The Qualifying Products are formulated with the environment and human health strongly in
mind and use the following types of ingredients: biodegradable surfactants, with byproducts
that are less toxic than the parent compound; solvents that are not hazardous air pollutants and
pose no threat to the Earth’s ozone layer; fragrances that have been screened for potential
hazardous and persistent ingredients; and other components with a more positive environmental
profile than in conventional cleaning products.
Worker/Consumer Safety
The Qualifying Products are also formulated to help ensure a safer workplace. Users of these
products benefit from ingredients that include no components that pose serious hazards. This
benefit is amplified for janitors, maintenance staff, housekeepers, and others who must use
cleaning chemicals in confined spaces on a daily basis. Importantly, a safer health profile
especially benefits children, who spend a large part of their day in indoor environments and can
be particularly sensitive to the chemicals in some cleaning products. Also, the mild pH, low
volatility, and low potential to catch fire enhance the safety profile of these products.
Resource Conservation
The Qualifying Products also have certain attributes that may significantly reduce wear and tear
on substrates, fabrics, and other surfaces with which the products come in contact, thereby
extending their usable life.

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Customer Education
{Company Partner} acts as a product steward by providing its customers information on
environmental and worker safety matters and trains its sales force on the benefits of
formulations with improved environmental and health characteristics.
{Company Partner} agrees to inform customers of Qualifying Products about the
{Company Partner}-EPA/DfE partnership, the meaning of the DfE logo, and the DfE Program’s
role in helping to protect human health and the environment. {Company Partner} agrees to
make available to its customers an EPA/DfE contact to who they may direct questions or
comments on the partnership.

8

EPA Recognition and Support

{Company Partner} may use the Design for the Environment (DfE) logo, shown on
Attachment A to this Agreement, on containers or container packaging of Qualifying Products
or on advertising related solely to these products, provided that EPA/DfE has reviewed and
approved the intended use of the logo. {Company Partner} agrees to not use the logo or
describe EPA/DfE’s recognition on any general {Company Partner} materials, non-Qualifying
Products or associated literature, or advertising not related to the Qualifying Products.
{Company Partner} is not permitted to use the EPA official seal or logo at any time.
Use of the DfE logo must be accompanied by the following informational tagline, in
close proximity to the logo: “Recognized for Safer Chemistry.” The tagline should also include
the EPA web address, www.epa.gov/dfe, as shown on Attachment A. Additionally, {Company
Partner} agrees to include in advertising of the Qualifying Products an endorsement disclaimer
and various educational information for the consumer regarding the DfE partnership. {Company
Partner} and EPA/DfE agree to work to find an appropriate place (e.g. company website)
connected with advertising for the Qualifying Products to include the following language along
with educational information:
EPA/DfE recognition does not constitute endorsement of this product. The
Design for the Environment logo signifies that the formula for this product, as
{Company Partner} has represented it to the EPA, contains ingredients with more
positive health and environmental characteristics than conventional cleaners.
EPA/DfE relies solely on {Company Partner}, its integrity and good faith, for
information on the composition, ingredients, and attributes of this product.
EPA/DfE has not independently identified, i.e., via chemical analysis, the
ingredients in the product formula, nor evaluated any of {Company Partner}’s
non-ingredient claims. EPA/DfE expresses its judgment and professional opinion
only as to the environmental and human health characteristics of the product,
based on currently available information and scientific understanding.
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The Parties acknowledge that under 5 C.F.R. §2635.702(c), EPA may not endorse the
purchase or sale of commercial products and services provided by {Company Partner}. The
Parties agree to ensure that promotional materials describing or resulting from this Agreement
do not contain statements implying that EPA/DfE endorses the purchase or sale of commercial
products. This includes statements to the public in news releases, publications, on web sites or
any other media.
{Company Partner} agrees to make available to EPA/DfE for review and approval any
materials, including press releases, promotional materials and advertisements that {Company
Partner} develops in connection with the partnership, and especially information that describes
or characterizes the DfE Formulator Program or EPA/DfE’s position on issues related to the
cleaning product sector.
{Company Partner} agrees to discontinue use of the DfE logo or any other form of
EPA/DfE recognition, within 30 days, under the following circumstances: If {Company
Partner} stops formulating the Qualifying Products using the agreed upon ingredients; upon the
termination of this Agreement; or, if so notified by EPA in writing.
9

Limitations

All commitments made by EPA in this Agreement are subject to the availability of
appropriated funds and budget priorities. Nothing in this Agreement, in and of itself, obligates
EPA to expend appropriations or to enter into any contract, assistance agreement, interagency
agreement, or incur other financial obligations. This Agreement does not exempt {Company
Partner} or any other organization from EPA policies for competition for financial assistance
agreements or procurement contracts. {Company Partner} agrees not to submit a claim for
compensation for services rendered to EPA in connection with any activities it carries out in
furtherance of this Agreement. Any endeavor involving reimbursement or contribution of funds
between the parties to this Agreement will be handled in accordance with applicable laws,
regulations, and procedures, and will be subject to separate agreements.
This Agreement does not create any right or benefit, substantive or procedural,
enforceable by law or equity against {Company Partner} or EPA/DfE, their officers or
employees, or any other person. This Agreement does not direct or apply to any persons outside
{Company Partner} or EPA.
10.

Measures of Success

On an annual basis, {Company Partner} agrees to provide to EPA/DfE its best estimate
of the production volume of the Qualifying Products (if possible, both in aggregate pounds or
gallons and broken out by ingredient class).

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At EPA’s request, {Company Partner} agrees to make available to EPA/DfE, on a
confidential basis, formulation bills of materials that confirm that the Qualifying Products
contain the ingredients agreed to in this Agreement or have been modified in accordance with its
terms.
{Company Partner} agrees to make reasonable attempts to monitor the cleaning product
market and agrees to inform EPA/DfE about the Qualifying Products’ influence on the market,
including growth in sales and number of new customers, as well as the perceived value in DfE
recognition. {Company Partner} agrees to report on customer acceptance of and satisfaction
with these products when this information is available.
As discussed in Section 5, {Company Partner} agrees to furnish periodic updates to EPA
on the continuous improvement component of its research and development activities and on its
ongoing efforts to improve the health/environmental profile of the Qualifying Products. As a
condition of partnership, {Company Partner} has demonstrated to EPA/DfE the performance of
its Qualifying Products according to the guidelines provided by DfE (see
www.epa.gov/dfe/pubs/formulat/formulator_review1.pdf). {Company Partner} agrees to also share
with EPA/DfE the results of any additional performance testing or verification when that
information becomes available.
11

Confidentiality

In matters relating to this DfE partnership and Agreement, EPA agrees to handle all
information claimed by {Company Partner} as confidential business information in accordance
with EPA confidentiality procedures (see 40 CFR part 2, subpart B). EPA and {Company
Partner} agree that information supplied to EPA by {Company Partner} on the formulas of any
{Company Partner} products is covered by the foregoing sentence.
EPA/DfE agrees to only use the information provided by {Company Partner} for
purposes related to the {Company Partner}-EPA/DfE partnership and disclose the information
only to EPA employees and EPA contractors cleared for confidential information with a specific
need to know.
12

Amendments to the Agreement

As discussed in the Continuous Environmental Improvement section, {Company
Partner} may request that EPA/DfE add new Qualifying Products to this Agreement when
reformulated. If EPA agrees to the addition, {Company Partner} may amend the Agreement by
submitting a letter that addresses the essential elements from sections 3, 4, 5 and 7 of the current
Agreement. {Company Partner} and EPA/DfE agree to collaborate in developing the specific
language for the amendment, which must be signed by an appropriate official for both parties.
All other provisions of the Agreement shall be incorporated by reference.
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13

Termination or Renewal of the Agreement

Either party may, upon written notification, terminate this Agreement. In any event, the
terms and provisions in the Agreement will sunset three years from the date of signature, unless
the parties renegotiate and renew a partnership agreement prior to the expiration date.
We agree to these terms and provisions:
For {Company Partner}

____________________________
Signatory
Title

For the U.S. Environmental Protection
Agency

______________________________
Robert E. Lee, II
Director, Economics, Exposure, and
Technology Division

Date _________________

Date _________________

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ATTACHMENT A
Examples of Appropriate Use of the EPA/DfE Logo

Example 1:

Recognized for Safer Chemistry
www.epa.gov/dfe
Example 2:

Recognized for Safer Chemistry
www.epa.gov/dfe

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