California and Washington Copper California and Washington Copper RequirementsRequirements

Friction Materials Standards InstituteFriction Materials Standards InstituteJune 4-6, 2011June 4-6, 2011

Nelson GarciaDirector, Federal and State PolicyMotor & Equipment Manufacturers Associationngarcia@mema.org

Copper in Brake Friction MaterialsCopper in Brake Friction Materials

• California and Washington laws passed in 2010 would:– Limit the amount of cadmium, mercury, lead, asbestiform, and

chromium (VI)-salts in brake friction materials by 2014– Limit copper to no more than 5.0% by weight by 2021– Limit copper to no more than 0.5% by weight by 2025 in California

(upon availability of non-copper alternatives in Washington)• Regulators reaching out to industry to help implement requirements;

currently working on edge-coding, sampling protocol, testing parameters, and self-certification

• Oregon (S 945): Bill failed to pass out of House committee of jurisdiction; legislation considered dead for the year

• New York (SB 1356): Legislation introduced but no further activities since its referral to committee of jurisdiction

California Formulation Requirements

• Brake friction materials must have reduced non-copper constituents by Jan. 1, 2014 (Section 25250.51)

• Brake friction materials must not exceed 5% copper by Jan. 1, 2021 (Section 25250.52)

• Brake friction materials must not exceed 0.5% copper by Jan. 1, 2025 (Section 25250.53)

California Certification Requirements

• The CA Dept. of Toxic Substances Control “shall consult” with the brake friction materials manufacturing industry in developing criteria for testing and marking materials (Section 25250.60)

• “Testing certification agency” means a third-party testing certification agency that is utilized by a vehicle brake friction materials manufacturer and that has an accredited laboratory program that provides testing in accordance with the certification agency requirements that are approved by the department

• Manufacturer of vehicle brake friction materials used on new motor vehicles or as replacement parts that are sold in CA shall certify compliance declaring formulation complies:

– For non-copper constituents – Jan. 1, 2014 [Section 25250.60(c)(1)]– For no more than 5% copper – Jan. 1, 2021 [Section 25250.60(e)(1)]– For no more than 0.5% copper – Jan. 1, 2025 [Section 25250.60(g)(1)]

• Manufacturer of vehicle brake friction materials shall file a copy of the certification for each of its brake friction materials formulations with a testing certification agency [Section 25250.60(h)]

• Manufacturer of vehicle brake friction materials may obtain from a testing certification agency a certification of compliance with the requirements for non-copper constituents, 5% copper, and 0.5% copper at any time prior to the dates specified [Section 25250.60(i)]

California Marking Procedures

• Brake friction material manufacturers must mark proof of certification on all brake friction materials [Section 25250.60(c)(2)]

• Marking must show a consistent date format, designation, and labeling to allow acceptance in all 50 states and US territories [Section 25250.60(j)]

• Marking must identify the brake friction material manufacturer, be legible and not impose unreasonable additional costs [Section 25250.60(a)]

• Deadlines for mark of proof certification:

– Reduction of non-copper constituents – Jan. 1, 2014 [Section 25250.60(c)(2)]– No more than 5% copper – Jan. 1, 2021 [Section 25250.60(e)(2)]– No more than 0.5% copper – Jan. 1, 2025 [Section 25250.60(g)(2)]

Washington Formulation Requirements

• Brake friction materials must have reduced non-copper constituents by Jan. 1, 2014 [Section 3(1)]

• Brake friction materials must not exceed 5% copper by Jan. 1, 2021 [Section 3(2)]

• Requirements for brake friction materials not exceeding 0.5% copper will take effect once advisory committee determines that alternative brake friction materials are available [Section 4 and Section 5]

Washington Certification Requirements

• The WA Dept. of Ecology must develop compliance criteria after “consulting” with interested parties by Dec. 1, 2012 [Section 8]

• Brake friction material manufacturers shall self-certify compliance by using an accredited laboratory [Section 8(2)(a)]

• Vehicle manufacturers “must” ensure that vehicles sold in the state are equipped with certified brake friction materials beginning Jan. 1, 2021 [Section 8(3)]

Washington Marking Requirements

• Brake friction material manufacturers must mark proof of certification on all brake friction materials as well as product packaging [Section 8(2)(b)]

• Deadline for mark of proof certification:– Jan. 1, 2015 [Section 8(2)(b)]

• Brake friction material manufactured or packaged prior to Jan. 1, 2015 is exempt from this requirement [Section 8(2)(b)]

Edge Coding

• Goal is to ensure consistent date format, designation, and labeling to facilitate acceptance in all 50 states and US territories

• BMC proposes A(yr), B(yr), C(yr), X(yr) A denotes 2014 non-copper constituent compliance B denotes 5% copper content compliance C denotes 0.5% copper content compliance X denotes brake friction materials which received extension or exemption (yr) denotes year brake friction material was manufactured

• Finalized edge code proposal to be submitted to state regulators

Sampling Protocols/Testing Parameters

• Outlines operating procedures for testing by SAE Brake Friction Material Task Force to create data that will be used to meet the requirements of WA, CA and other potential state and federal laws and regulations and ensure anonymity of sample providers

• BMC committed to provide samples to SAE for testing

• Testing and reports will be random and anonymous

Self-Certification

• BMC recommended the development of a working group to draw up a framework for self-certification standards

• Reduces the need and urgency for states to seek to regulate the industry

• Results will be consensus-based and is transparent and open to all during the development process