Current through Register Vol. 24-06, March 15, 2024
(1)
Manufacturers of brake friction material must certify to the department that
any brake friction material that is sold or offered for sale in Washington
state complies with the requirements of chapter 70.285 RCW and this chapter
using the following process:
(a)
Step
1: Submit a sample of each brake friction material for laboratory
testing. A brake friction material manufacturer may either:
(i) Submit a brake friction material sample
directly to a laboratory accredited in accordance with WAC
173-901-070 for testing in
accordance with WAC
173-901-080; or
(ii) Submit a sample of brake friction
material to an industry-sponsored registrar that will send the sample to a
laboratory accredited in accordance with WAC
173-901-070 for testing in
accordance with WAC
173-901-080, on behalf of the
brake friction material manufacturer.
(b)
Step 2: Ensure that the
laboratory provides laboratory testing results for each brake friction material
directly to an industry-sponsored registrar. The brake friction material
manufacturer may review the testing results prior to the laboratory sending the
results to the registrar. However, the manufacturer must ensure that the
laboratory submits the results from all testing conducted on a given friction
material formula. All testing and reporting of results must be carried out in
accordance with WAC
173-901-080.
(c)
Step 3: Ensure that each
brake friction material that complies with the requirements of chapter 70.285
RCW and this chapter is assigned a unique identification code ending in the
appropriate environmental compliance marking as described in WAC
173-901-100.
(d)
Step 4: Ensure that an
industry-sponsored registrar lists each brake friction material that complies
with the requirements of this chapter on the internet in a publicly accessible
and searchable data base or list. A link to this data base or list must be
provided to the department and the department must be notified if the internet
address of this data base or list changes.
(e)
Step 5: Ensure that
self-certification documentation is submitted to an industry-sponsored
registrar for transmission to the department on behalf of the brake friction
material manufacturer. Self-certification documentation must:
(i) Include the contact information for the
brake friction material manufacturer;
(ii) Include a signed and dated statement by
an authorized representative of the brake friction material manufacturer
declaring under penalty of perjury according to the laws of the state of
Washington that all brake friction materials bearing the listed unique
identification codes are of the same composition as those submitted to the
laboratory and meet all of the requirements of chapter 70.285 RCW and this
chapter; and
(iii) Be in a form and
format prescribed by the department.
(f)
Step 6: Ensure that the
registrar then transmits the self-certification documentation and laboratory
testing results, on behalf of the brake friction material manufacturer, to the
department. Self-certification documentation and test results must be
transmitted in a quarterly report. The report must:
(i) Be in an electronic form and format
prescribed by the department;
(ii)
Contain a table showing each friction material sold or offered for sale in
Washington state as identified by its unique identification codes and the
cumulative average of all laboratory testing results for a given friction
material demonstrating that the identified friction material complies with the
requirements of chapter 70.285 RCW and this chapter. This information must be
reported in accordance with WAC
173-901-080(5);
and
(iii) Contain the
self-certification documentation submitted to the registrar.
(g)
Step 7: Ensure
that brake friction material and its packaging is marked with proof of
certification in accordance with WAC
173-901-090.
(2) There is no need to submit
self-certification documentation for individual brake friction materials to the
department between the regular quarterly reports.
(3) Manufacturers of brake friction material
may use one set of testing results and self-certification documentation, and a
single unique identification code for multiple products using an identical
brake friction material formulation.
(4) Manufacturers of brake friction material
are responsible for the accuracy of all information transmitted to the
department. Manufacturers of brake friction materials may implement quality
controls not otherwise specified above to ensure the accuracy of information
transmitted to the department.
(5)
Provided that each step is completed, manufacturers of brake friction material
may alter the order of the process, in so far as the preceding steps are not
required for the completion of subsequent steps. For example, a unique
identification code may be issued at the beginning of the process or the
industry-sponsored registrar may add compliant brake friction materials to the
publicly available data base or list after the self-certification documentation
has been submitted to the department.
(6)
Prerequisites for
certification:
(a) A manufacturer of
brake friction material must file an initial baseline report as described in
WAC 173-901-110, or obtain a waiver
from this report under WAC
173-901-110(7),
before it may certify compliance with the requirements in chapter 70.285 RCW
and this chapter.
(b) A
manufacturer of brake friction material that has received a penalty under this
chapter may not certify other products until the penalty is paid.
(7)
Updating
certification: Manufacturers of brake friction material must recertify
each previously certified brake friction material that is still being
manufactured at least once every three years.
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 meets the requirements for
the regulated constituents, do not need to be submitted for new testing to be
recertified prior to 2021.
(8)
Exemption: Brake friction
material manufactured prior to 2015 is exempt from this section.
(9)
Optional certification: A
manufacturer of brake friction material that is not required to comply with the
requirements of this law may certify compliance and mark brake friction
materials in accordance with this chapter, provided that it certifies the
product in accordance with this section.
Statutory Authority: Chapter 70.285 RCW. 12-21-082 (Order
10-17), § 173-901-060, filed 10/19/12, effective
11/19/12.