(a) The manufacturer of brake friction
material offered for sale in California shall ensure that its brake friction
materials sold or offered for sale in California are tested:
(2) Using the testing protocol SAE J
2975:DEC2013 or an alternative testing method approved under subsection
(l) of this section.
(b) Manufacturers of brake friction material
shall ensure that brake friction material is tested for each of the following:
(1) Asbestiform fibers;
(2) Cadmium and its compounds;
(3) Chromium (VI)-salts;
(A) The total chromium in a brake friction
material may be tested and assumed to be entirely composed of chromium
(VI)-salts. Therefore if the amount of total chromium is within the chromium
(VI)-salts allowable range, speciated Chromium (VI)-salts testing is not
required.
(4) Copper and
its compounds;
(5) Lead and its
compounds; and
(6) Mercury and its
compounds.
(c) Who is
responsible for the accuracy of laboratory testing results?
The analytical laboratory is responsible for the accuracy of
the test results reported to the testing certification agency. The manufacturer
of brake friction material is responsible to confirm the concentrations of
regulated constituents and copper reported correspond to the concentrations
known to be in their brake friction material formulations prior to the
analytical laboratory reporting these testing results to the testing
certification agency.
(d)
What are the maximum concentrations for the regulated constituents and copper
in brake friction materials that must be certified?
To be used for certification, the cumulative average of all
testing data must show that the brake friction material does not exceed the
following concentrations:
(1) 0.01
percent by weight for cadmium and its compounds;
(2) 0.1 percent by weight for each of these
individual constituents:
(A) Asbestiform
fibers.
(B)
Chromium(VI)-salts.
(C) Lead and
its compounds.
(D) Mercury and its
compounds.
(3) 5.0
percent by weight of copper and its compounds after January 1, 2021;
and
(4) 0.5 percent by weight of
copper and its compounds after January 1, 2025.
(e) How many times does each friction
material need to be tested?
All testing for the regulated constituents and copper must be
done at least in triplicate.
(1) Due
to the margin of error in the test method, additional testing may be required
to demonstrate that the brake friction material does not exceed the
concentrations listed for each of the regulated constituents and copper in
Health and Safety Code sections
25250.51,
25250.52,
and
25250.53.
Cumulative average of all testing results conducted on a specific brake
friction material must meet the applicable requirements of the subsection (d)
of this section.
(A) For example, if a pad
contains 4.9 percent copper, the first round of testing results could come back
showing the average testing result is greater than 5.0 percent copper by
weight. Consequently, these results would not be suitable for demonstrating
compliance and the brake friction material would need to be retested in
accordance with SAE J 2975:DEC2013.
(2) If an approved alternative testing method
or protocol is used, all testing must be done in accordance with the
alternative testing method and must be done at least in
triplicate.
(f) How must
laboratory testing results be reported to the Department?
No results are reported to the Department.
(g) What information must be reported to the
testing certification agency?
The analytical laboratories shall transmit all laboratory
testing results for a brake friction material directly to a testing
certification agency.
(1) Test results
determined to be laboratory error as specified in section
66387.6 subsection (h) do not have
to be reported to the testing certification agency. All test results derived
from a single set of friction material samples must be reported to the testing
certification agency at the same time on a single report.
(A) Any reporting which does not meet the
specifications of section
66387.6, subsection (g)(1) would
be considered a modification to the testing method in subsection (a)(2) of this
section and require approval under section
66387.6, subsection (k) prior to
using it for self-certification.
(2) Testing reports transmitted from the
laboratory to the testing certification agency must include the minimum
information specified in SAE J 2975:DEC2013.
(A) If an alternate method of testing
approved under subsection (l) of this section is used to
perform testing and that alternate method specifies the minimum reporting
information, then test reports transmitted from the laboratory to the testing
certification agency shall include the minimum information specified in the
alternate method of testing utilized.
(3) In addition to reporting the cumulative
average for each regulated constituent and copper listed in this subsection,
the testing laboratory shall perform a comparison between the cumulative
average and the concentrations listed under this subsection and specify the
environmental compliance level indicated by the report. This comparison shall
report whether the cumulative average concentration does not exceed the
following concentrations:
(B) 0.01 percent by
weight for cadmium and its compounds;
(C) 0.1 percent by weight for chromium
(VI)-salts, lead and its compounds, mercury and its compounds, and asbestiform
fibers;
(D) 5.0 percent by weight
of copper on and after January 1, 2021, and
(E) 0.5 percent by weight of copper on and
after January 1, 2025.
(h) What happens if laboratory error occurs?
If laboratory error is suspected, the laboratory may, at its
discretion and in accordance with its standard operating procedures, choose to
retest the brake friction material. The results from the testing in which the
error occurred do not need to be included in the testing results transmitted to
the testing certification agency.
(1)
Laboratory error may include incorrect samples being initially submitted to the
laboratory for testing.
(2) If the
laboratory previously submitted results to a testing certification agency and
later determines any of those results were laboratory error, then the
laboratory shall inform the testing certification agency within four (4)
calendar days of the determination that the test results were laboratory error.
The testing certification agency shall withdraw registration of specific unique
identification codes until such time as new testing without laboratory error is
properly provided to the testing certification agency which warrants the unique
identification codes being properly registered.
(i) How long must a manufacturer of brake
friction material retain copies of laboratory testing results used for
self-certification?
A manufacturer of brake friction materials shall maintain
copies of laboratory testing results for a period of at least ten (10) years
after the date of self-certification.
(j) May a manufacturer of brake friction
material self-certify compliance using testing results derived using an
alternative testing method?
A manufacturer of brake friction material may use an
alternative testing method if the alternative testing method is approved by the
Department under subsection (k) of this section, in advance of use for
self-certification. Once an alternative testing method has been approved by the
Department, any manufacturer of brake friction material may use the approved
alternative testing method for certification. The Department shall only approve
an alternative testing method:
(1)
When an alternative testing method is proposed by at least one of the
following:
(A) Manufacturer of brake friction
material; or
(2) When the entity
proposing an alternative testing method has submitted information to the
Department in accordance with subsection (k);
(3) When the alternative testing method does
not involve alterations to the sample preparation method outlined in SAE J
2975:DEC2013 section
4.1, and
(4) When the proposed alternative testing
method is publicly available.
(k) What is the process for requesting the
Department to approve an alternative testing method for chemical analysis
testing or chemical analysis sampling processing?
An entity may submit a request for approval on an alternative
testing method in writing or electronically. The request must include the
following information:
(1) Contact
for:
(A) The entity requesting the approval;
and
(B) The manufacturer(s) of
brake friction materials whose products were used to gather evidence proving
the alternate proposed method is equivalent or better than SAE J 2975:DEC2013;
and
(C) The laboratory(ies) which
performed the testing; and
(2) A copy of the
proposed alternative testing method
(3) A copy of the Standard Operating
Procedure for the alternative testing method
(A) If the alternative testing method is a
standard or reference method, a demonstration of capability package must be
submitted as outlined in the NELAC Institute Standard, Module 4: Quality
Systems for Chemical Testing.
(B)
If the testing method is a non-standard or reference method, then a validation
package must be submitted as outlined in the NELAC Institute Standard, Module
4: Quality Systems for Chemical Testing.
(4) A certificate signed by the Laboratory
Director that the proposed alternative testing method(s):
(A) Is equivalent or better than SAE J
2975:DEC2013; and
(B) Is suitable
for analyzing the components identified in Health and Safety Code sections
25250.51,
25250.52,
and
25250.53.
(5) A copy of the data used by the Laboratory
Director to determine that the proposed alternative testing method is
equivalent or better than SAE J 2975:DEC2013.
(6) A manufacturer of brake friction
material, the testing certification agency, or the testing laboratory may
submit a request for approval of an alternate testing method 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 Alternative Testing Method Request"
displayed in the subject line of the electronic mail; or
(B) For a 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 Alternative Testing Method
Request" prominently displayed on the front of the
envelope.
(l)
How will the Department notify a requestor that an alternative testing method
has been approved?
The Department shall notify the manufacturer of brake
friction material, testing certification agency, or testing laboratory in
writing whether the alternative testing method was approved within 90 days of
receiving the request. If the Department finds the alternative testing method
is equivalent to or better than SAE J 2975:DEC2013 the Department shall provide
the basis of the approval. If the Department does not find the alternative
testing method equivalent to or better than SAE J 2975:DEC2013 the Department
shall provide the basis for the denial. The alternative testing method approved
by the Department shall be posted on the Department's Web page at
http://www.dtsc.ca.gov.