The testing certification agency shall serve as the official
registration source for self-certified brake friction materials. The testing
certification agency shall post and maintain the self-certification of brake
friction materials on the Internet which includes the unique identification
code and the manufacturer name. The Department shall approve the certification
requirements used by the testing certification agency to facilitate the
acceptance of the marked proof of certification in all 50 states and United
States territories in accordance with Health and Safety Code section
25250.60,
subdivision (j).
(a) What
accreditation does the testing certification agency need to meet?
The testing certification agency shall use accredited
laboratories that meet the requirements of California Code of Regulations,
title 22, section
66387.5. The testing certification
agency shall be accredited in accordance with the requirements of either the
ISO/IEC 17065:2012 standard or the ISO/IEC Guide 65:1996 standard. The
accreditation must be issued by an accreditation body, operating in accordance
with ISO/IEC 17011:2005. The accreditation body shall be a signatory to the
International Laboratory Accreditation Cooperation (ILAC) Arrangement for
testing (ISO/IEC 17025) for accreditation of testing organizations or the
International Accreditation Forum (IAF) Arrangement for product certification
(ISO/IEC 17065) for accreditation of certification agencies. A testing
certification agency shall be responsible for performing the following
tasks:
(2) Receive confirmation from the analytical
laboratory that the chemical analysis for each brake friction material
formulation was conducted using the testing methodology in accordance with
California Code of Regulations, title 22, section
66387.6, subsection (a). If an
analytical laboratory or manufacturer of brake friction material uses a
chemical analysis testing method or chemical analysis sample processing not
listed in
California Code of Regulations, title 22, section
66387.6, subsection (a)(2), then
the testing certification agency shall request the analytical laboratory or
manufacturer of the brake friction material provide the approval letter issued
by the Department stating the alternative testing method was approved pursuant
California Code of Regulations, title 22, section
66387.6, subsection
(
l);
(3) Issue a
self-certification of compliance to the brake friction material manufacturer
for its formulation(s) and unique identification code(s) that comply with
Health and Safety Code sections
25250.51,
25250.52,
or
25250.53.
(4) Publish all self-certifications on the
Internet in accordance with Health and Safety Code section
25250.60,
subdivision (h);
(6) Post on the Internet the
environmental compliance level and unique identification code(s) marked on the
brake friction material that follows the process outlined in
California Code of
Regulations, title 22, section
66387.7, subsection (c), with or
without the two digits that indicate the year the brake friction material is
produced.
(b) What is the
process for obtaining the Department's approval for a testing certification
agency's requirements?
An organization interested in being a testing certification
agency shall submit a request for approval to the Department on their brake
friction material certification requirements in writing or electronically. The
request shall include all of the following information:
(1) Contact information for the organization
requesting the approval including but not limited to the:
(A) Contact person's name; and
(B) Contact person's job title; and
(C) Contact person's e-mail address;
and
(D) Business name;
and
(E) Business address;
and
(F) Business phone
number.
(2) The
organization's brake friction material certification request for approval must
include copies of the organization's:
(A)
Certificate of Conformity Accreditation for either:
1. ISO/IEC 17065:2012; or
2. ISO/IEC Guide 65:1996
(B) Standard Operating Procedures for
Material and/or Product Certification;
(C) Proposed brake friction material
certification process including but not limited to:
2. Copy of the procedures describing the
quality assurance procedures for checking testing results and rejecting testing
results that are not within the quality control limits;
3. Recertification cycle for each certified
brake friction material is performed at least every 3 years under this program.
When recertifying brake friction materials, manufacturers of brake friction
materials must submit updated self-certification documentation and new
laboratory testing results. However, brake friction materials containing more
than five percent copper, but that meet the requirements for the constituents
listed in California Health and Safety Code section
25250.51,
subdivisions (a)(1) through (a)(5), do not need to be submitted for new testing
to be recertified prior to 2021;
4.
Copy of the procedure used to ensure every self-certified brake friction
material formulation has a unique identification code;
5. Copy of the proposed manufacturer
declaration of Self-Certification of Compliance;
7. Copy of the procedure regarding
self-certification information on brake friction materials on their website.
This includes, but is not limited to, the list of self-certified materials,
description of the registration procedures, date of the last update of the list
of registered materials, description and graphics illustrating the marked proof
of certification on the pad and packaging logo.
8. Internet address where all
self-certification documentation will be published and available to the public
at no cost; and
9. Copy of the
trademark for a packaging logo if one is issued by the testing certification
agency.
(D) Copy of the
certification credentials for the chemical analysis laboratory(ies) used by the
testing certification agency
(3) An organization may submit a request for
approval of certification agency requirements by either of the following
methods:
(A) For an electronic submittal, a
person shall send the request to the Department via electronic mail
(brakepad@dtsc.ca.gov) on the Department's website at
http://www.dtsc.ca.gov with the
words "Attention: California Brake Pad Testing Certification Agency Request"
displayed in the subject line of the electronic mail; or
(B) For written submittal, a person shall
send the request to the Department via certified mail, return receipt
requested, at the following address: Department of Toxic Substances Control,
Safer Products and Workplaces Program, P.O. Box 806, Sacramento, CA 95812-0806,
with the words "Attention: California Brake Pad Testing Certification Agency
Request" prominently displayed on the front of the
envelope.
(c)
How will the Department notify a testing certification agency that their
certification agency requirements have been approved by the Department?
The Department shall notify the testing certification agency
in writing of its determination of approval or denial within 90 days of receipt
of the request. If the Department finds the testing certification agency
requirements meet California Code of Regulations, title 22, section
66387.4, subsection (a), then a
letter will be sent to the testing certification agency that provides details
on the basis of the approval. If the Department does not find the testing
certification agency requirements meet subsection (a) of this section, then the
letter will list the reasons the certification agency requirements did not meet
subsection (a) of this section. Testing certification agencies approved by the
Department shall be posted on the Department's Web page at
http://www.dtsc.ca.gov.
After a testing certification agency has been approved by the
Department, the testing certification agency does not need to resubmit the
document specified by the California Code of Regulations, title 22 section
66387.4, subsection (b)(2)(D) for
additional laboratories to be used by the testing certification agency, if the
additional analytical laboratories comply with the requirements in subsection
66387.5, subsection(c)(2). The
testing certification agency does not need to resubmit changes to the
documentation and procedures described in the California Code of Regulations,
title 22, 66387.4,subsections(b)(2)(B) and (b)(2)(C) provided those changed
documents continue to comply with all requirements of the California Code of
Regulations, title 22, section
66387.4.
Notes
Cal. Code Regs. Tit. 22, §
66387.4
1. New section
filed 9-30-2016; operative 1-1-2017 (Register 2016, No.
40).
Note: Authority cited: Health and Safety Code sections
25250.60
and
58012.
Reference: Health and Safety Code section
25250.60.
1. New
section filed 9-30-2016; operative 1/1/2017 (Register
2016, No. 40).