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Draft Informal Regulations

DTSC is seeking comments on draft informal regulations for the California Brake Pad Law.  Comments are due by close of business on August 22, 2014 and may be submitted to the department via e-mail at brakepad@dtsc.ca.gov or via mail to:

Department of Toxic Substances Control
Attn: Comments on Draft Informal Regulations for The Brake Friction Materials Law
P.O. Box 806, Mail Station/Code: SPWP/MS 12A
Sacramento, California  95812-0806

Upcoming Workshops

DTSC is hosting four workshops for interested members of the public to discuss the scope and content of the informal draft regulations and provide the department with comments or submit questions regarding the informal draft regulations.  Please use the following link to see the list of dates.  A presentation will also be provided by DTSC on the proposed regulations.

Limiting Copper in Brake Pads

Seeking comments on informal draft regulations for the California Brake Pad Law

The department is seeking comments on draft informal regulations to help implement the Brake Friction Material Law (Health and Safety Code sections 25250.50 et.seq.) that became effective in 2014.  Comments are due by close of business on August 22, 2014. Comments may be submitted via e-mail at brakepad@dtsc.ca.gov or via mail at:

Department of Toxic Substances Control
Attn: Comments on Draft Informal Regulations for the Brake Friction Material Law
P.O. Box 806, Mail Station/Code: SPWP/MS 12A
Sacramento, California 95812-0806

DTSC is hosting four workshops for interested members of the public to discuss the scope and content of the informal draft regulations and provide the department with comments or submit questions regarding the informal draft regulations.  The workshop schedule is provided below.  DTSC will present a brief overview on the brake pad law and the proposed brake pad regulations.

Date  Time (PDT)
Location  Reservations
7/24/2014   7:30am-12:00pm
Webinar 

https://www3.gotomeeting.com/register/165268606

7/30/2014  10:30am- 2:00pm
Webinar 

https://www3.gotomeeting.com/register/511017358

8/4/2014  10:00am- 1:00pm
Cal/EPA Bldg.
Sierra Hearing Room
 

Please contact Suzanne Davis by email at Suzanne.davis@dtsc.ca.gov or by phone at 916-327-4206

8/6/2014   7:30am - 12:00pm
Webinar  

https://www3.gotomeeting.com/register/676516350



Brake Pad Legislation

On September 27, 2010, Governor Schwarzenegger signed Senate Bill (SB) 346 which will prohibit the sale of automobile brake pads sold in California containing more than trace amounts of copper, certain heavy metals, and asbestos. The purpose of this law is to reduce the amount of copper and other toxic substances released from brakes from entering California’s streams, rivers, and marine environment. This new law bans brake pads containing more than trace amounts of heavy metals and asbestos in 2014 and then also bans brake pads containing more than 5 percent copper in 2021.  By 2025, the law reduces the amount of copper allowed to almost zero. Copper is toxic to many aquatic organisms and limiting the copper content of brakes is essential to comply with a federal Clean Water Act mandate, including copper water quality standards and copper total maximum daily loads in California’s urban watersheds.

The law requires that manufacturers comply with laboratory testing and certify with a mark their products comply with the restrictions set for brake pads.  DTSC, the Washington State Department of Ecology, and the Society of Automotive Engineers (SAE) Brake Materials Environmental Task Force have developed the criteria for testing and marking brake pads that meet the restrictions listed below. Washington State passed a similar law earlier in 2010 and adopted regulations on October 19, 2012.  Since DTSC has not promulgated regulations regarding the testing protocol, marking or the certification agency requirements, the material presented on this web page should be considered for informational purposes only.

Restriction Date
SAE Environmental Marking
Description of Associated Action
On or After January 1, 2014
A

Prohibit the sale of any motor vehicle brake friction materials exceeding the following concentrations: 
     - Cadmium exceeding 0.01% by weight.
     - Chromium (VI) salts exceeding 0.1% by weight.
     - Lead exceeding 0.1% by weight.
     - Mercury exceeding 0.1% by weight.
     - Asbestiform fibers exceeding 0.1% by weight.

On or After January 1, 2021
B
Prohibit the sale of any vehicle brake friction material containing greater than 5% copper by weight in the state. This symbol also indicates the material meets the requirements listed for the "A" environmental marking.
On or After January 1, 2025
N
Prohibit the sale of any vehicle brake friction material containing greater than 0.5% copper by weight in the state. This symbol also indicates the material meets the requirements listed for the "A" environmental marking.

The law requires brake friction material manufacturers to certify and mark that their products meet the prohibitions listed above by the restriction date.

What do you need to do now?

Starting in 2014, you will be able to see marking on the product to show that the material meets cadmium, chromium, lead, mercury or asbestos restrictions.  The manufacturer is required by law to have their brake friction material certified by a testing certification agency (a.k.a., registrar).  To date, the only registrar identified by the industry is NSF International.  A list of certified brake friction material formulations can be viewed here.

Questions?

For questions regarding the California Brake Pad law, please contact either Evelia Rodriguez (evelia.rodriguez@dtsc.ca.gov, 916-327-6104) or Suzanne Davis (suzanne.davis@dtsc.ca.gov, 916-327-4206).

For questions regarding the Washington State Better Brakes law, please contact Ian Wesley (iwes461@ecy.wa.gov, 360-407-6747).