California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 30 - California Brake Friction Material Requirements › Section 66387.3 - Self-Certification of Compliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purposes of this section, self-certification means
				  the process where the brake friction material manufacturer registers their
				  brake friction material with a testing certification agency. The testing
				  certification agency verifies the brake friction material is tested by an
				  analytical laboratory accredited in accordance with California Code of
				  Regulations, title 22, section
				  66387.5, subsection (a) and is
				  analyzed using testing protocol SAE J 2975:DEC2013 or an alternative testing
				  method approved under section
				  66387.6, subsection
				  (
l
). The testing certification agency assigns the
				  environmental compliance level and publicly posts the following on its website:
				  the registered unique identification code(s), the assigned environmental
				  compliance level for each registered unique identification code, and the
				  self-certification documentation. This section provides detailed steps on the
				  self-certification process.
(a)
				Manufacturers of brake friction material shall certify the formulation of any
				brake friction material that is sold or offered for sale in California complies
				with the requirements of either Health and Safety Code sections
				25250.51,
				25250.51
				and
				2550.52,
				or
				25250.51
				and
				25250.53
				using the following process:
(1) Step 1:
				Submit a sample of each manufactured brake friction material for laboratory
				testing. A manufacturer of brake friction material shall submit a sample of
				brake friction material to a laboratory approved by the testing certification
				agency to perform testing in accordance with California Code of Regulations,
				title 22, section
				66387.5.
(2) Step 2: Receive confirmation from the
				laboratory that all required laboratory testing results specified in section
				66387.6(g) for
				each brake friction material were submitted to the testing certification
				agency. If the manufacturer does not receive confirmation from the laboratory,
				then the manufacturer of the brake friction material shall contact the testing
				certification agency and confirm that all laboratory testing results required
				to certify a given friction material formulation were received by the testing
				certification agency. The manufacturer of brake friction material may review
				the testing results prior to the laboratory sending the results to the testing
				certification agency. All testing and reporting of results must be carried out
				in accordance with California Code of Regulations, title 22, section
				66387.6.
(3) Step 3: Ensure that each brake friction
				material that complies with the requirements of either Health and Safety Code
				sections
				25250.51,
				25250.51
				and
				25250.52,
				or
				25250.51
				and
				25250.53
				is assigned by the manufacturer of the brake friction material a unique
				identification code ending in the appropriate environmental compliance marking
				as described in California Code of Regulations, title 22, section
				66387.7.
(4) Step 4: Submit self-certification
				documentation to a testing certification agency. Self-certification
				documentation must include:
(A) The contact
				information for the manufacturer of brake friction material(s) including but
				not limited to:
1. The contact person's name;
				and
2. The contact person's job
				title; and
3. The contact person's
				e-mail address; and
4. The
				business's name; and
5. The
				business's address; and
6. The
				business's phone number or the contact person's phone
				number.
(B) A signed and
				dated statement by an authorized representative of the brake friction material
				manufacturer declaring that all brake friction materials bearing the listed
				unique identification codes are of the same composition as those submitted to
				the laboratory, are of the same composition as those testing results submitted
				to the testing certification agency, and meet all of the requirements of Health
				and Safety Code section
				25250.60
				subdivision (c), subdivision (e), and subdivision (g).
The statement shall include, but is not limited, to language
				  identical or similar to that specified in California Code of Regulations, title
				  22, section
				  66387.3, subsection
				  (a)(4)(B)1.
1. I, the undersigned, on
				behalf of the above named Company, approve, assert, and certify as true and
				accurate all information shown in this document. I hereby assert that the
				friction materials bearing the marked proof of certification set forth in this
				certification document are substantially identical to the products submitted
				for testing and meet the requirements of all applicable codes, regulations,
				rules, and laws including those specified in the addendum below. I hereby
				authorize [testing certification agency name] to publicly post all information
				required to be made public by any United States laws in accordance with the law
				and any written contracts between [testing certification agency name] and the
				Company specified above. I hereby assert that all test results used to issue
				this self-certification comply with all requirements of the law and any
				contracts between [testing certification agency name] and the Company specified
				above. Company agrees that [testing certification agency name] shall have no
				liability to Company or any third party with respect to release of the above
				referenced Company data to any government agency with the legal authority to
				receive such data. I hereby assert that I have the authority to make this
				authorization and assertion on behalf of the Company specified above. Any
				written modifications to this Affidavit section are not acceptable and
				invalidate this self-certification. This document shall serve as proof of
				self-certification as required by Health and Safety Code sections
				25250.60
				subdivision (c), subdivision (e), and subdivision
				(g).
(5) Step
				5: Receive confirmation from the testing certification agency that each brake
				friction material that complies with the requirements of this chapter is posted
				on the Internet in a publicly accessible and searchable database or list.
(A) The testing certification agency shall
				notify the Department either in writing or electronically of the URL where the
				information was publicly posted on the Internet.
1. For an electronic submittal, a person
				shall send the notification to the Department via electronic mail
				(brakepad@dtsc.ca.gov) on the Department's website at
http://www.dtsc.ca.gov
with the
				subject line "Attention: California Brake Pad Certification Notification"
				displayed in the subject line of the electronic mail; or
2. For a written submittal, a person shall
				send the notification 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 Certification Notification"
				prominently displayed on the front of the envelope.
(B) The publicly accessible and searchable
				database or list must include the manufacturer's name, the unique
				identification code, and the full URL address to the certification
				document.
(C) The testing
				certification agency shall notify the Department within thirty (30) days
				whenever the Internet address of this database or list changes using the
				notification procedures in subsection (A)1 and (A)2 of this
				section.
(6) Step 6:
				Ensure that brake friction material is marked with the marked proof of
				certification in accordance with California Code of Regulations, title 22,
				section 66387.7.