(a) How does a
manufacturer apply for an extension to the January 1, 2025, deadline
established in Health and Safety Code section
25250.53?
(1) To apply for an extension on or after
January 1, 2019, a manufacturer shall submit an extension application,
electronically or in writing, to the Department with the following information:
(A) Contact information for the manufacturer
requesting an extension.
(B)
Information on the affected vehicles including the vehicle model, class,
platform, or other vehicle-based category that includes:
1. Identification of the brake friction
material associated with each vehicle model, class, platform, or other
vehicle-based category on the extension application.
a. Identification of whether the brake
friction material is intended for use in original equipment or replacement
parts.
2. Identification
of the brake pads and brake drums associated with each vehicle model, class,
platform, or other vehicle-based category on the extension application that
includes:
a. Brand name(s) of the brake pad
and/or brake drum; and
b. Part
number(s) of the brake pad and/or brake drum; and
c. Identification on whether the brake pad
and/or brake drum is original equipment or a replacement
parts.
(C) The
type and length of extension request (initial or renewal).
1. For an initial extension request, the
manufacturer shall indicate the length of time for the requested extension as
either one (1), two (2), or three (3) years.
2. For a renewal of an existing extension
request, the amount of time shall be two (2) years.
(D) Documentation that supports the need for
an extension. A manufacturer shall provide all of the following information:
1. An estimate on the quantity of copper that
would be emitted if the extension is granted in accordance with Health and
Safety Code sections
25250.54,
subdivision (a)(4), and
2. The
assessment of "safe and available" alternatives in accordance with Health and
Safety Code section
25250.54,
subdivision (e)(3).
(2) The application process.
(A) The Department shall process the
application in accordance with Health and Safety Code section
25250.54,
subdivision (b) and (c).
(B) The
advisory committee shall process the application in accordance with Health and
Safety Code section
25250.54,
subdivision (d) through (f); and
(C) The Secretary shall make a determination
in accordance with Health and Safety Code section
25250.54,
subdivision (g).
(3) A
manufacturer may submit a request for an extension by either of the following
methods:
(A) For an electronic submittal, the
person shall send the request to the Department via the electronic mailbox
(brakepad@dtsc.ca.gov) on the Department's website at
http://www.dtsc.ca.gov with the
words "Attention: California Brake Pad Extension Request" displayed in the
subject line for the electronic mail, or
(B) For a written submittal, the 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 Extension Request" prominently
displayed on the front of the envelope.
(4) The department shall post the following
information on its website at
http://www.dtsc.ca.gov for all extension
applications received:
(A) The name of the
applicant; and
(B) The vehicle
model, class, platform, or other vehicle-based category; and
(C) The brand name of the brake pad and/or
brake drum; and
(D) The part number
of the brake pad and/or brake drum, and
(E) Whether the extension was approved or
denied.
(b) How
does a manufacturer renew an extension to the January 1, 2025 deadline
established in Health and Safety Code section
25250.53?
The brake friction material manufacturer may submit another
extension application in accordance with California Code of Regulations, title
22, section
66387.9, subsection (a). The
documentation to renew an extension shall include information on the original
extension that was approved by the Secretary along with a description and any
additional documentation explaining the need for the
extension.
(c) Who is
eligible to apply for an extension to the January 1, 2025 deadline established
in Health and Safety Code section
25250.53?
A manufacturer as defined in California Code of Regulations,
title 22, section
66387.1, subsection (h) may apply
for an extension to the January 1, 2025 deadline.
(d) Will the Department charge a processing
fee? How will the fee be calculated?
Under Health and Safety Code section
25250.54,
subdivision (j), the Department shall assess a fee for each extension
application to cover actual costs incurred in implementing the extension
process. The fee shall include costs incurred:
(1) For appointing the advisory
committee;
(2) By each advisory
committee member for travel and meetings held;
(3) By the department overseeing,
coordinating, reviewing, and preparing support documentation for an extension
application;
(4) By California Air
Resources Board reviewing an extension application and any support
documentation;
(5) By the State
Water Resources Control Board reviewing an extension application and any
support documentation; and
(6) By
the California Environmental Protection Agency reviewing, approving, or
disapproving an extension application.
Notes
Cal. Code Regs. Tit. 22, §
66387.9
1. New section
filed 9-30-2016; operative 1-1-2017 (Register 2016, No.
40).
Note: Authority cited: Health and Safety Code sections
25250.54
and
58012.
Reference: Health and Safety Code section
25250.54.
1. New
section filed 9-30-2016; operative 1/1/2017 (Register
2016, No. 40).