WSR 11-04-085



[ Order 10-17 -- Filed February 1, 2011, 9:57 a.m. ]

     Subject of Possible Rule Making: This rule making will adopt a new chapter on better brakes. This rule making is necessary to implement chapter 70.285 RCW, relating to brake friction materials. Chapter 70.285 RCW provides a framework for regulating the concentrations of certain constituents in brake friction materials and directs ecology to develop compliance criteria through rule making. The rule will address:

Criteria for self-certification of compliance using third party accredited laboratories;
Requirements relating to a "proof of certification" mark to appear on brake pads and their packages;
Requirements for how and what data must be submitted regarding the concentration of copper and other metals in brake pads sold or offered for sale in Washington;
A process by which companies may apply for an exemption from certain requirements of chapter 70.285 RCW; and
Other issues necessary to implement chapter 70.285 RCW.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 70.285 RCW authorizes and directs the department of ecology to implement rules on this subject.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: In 2010, the legislature adopted SB 6557, codified as chapter 70.285 RCW. This law mandates the phase out of copper, asbestos, lead, mercury, and cadmium from brake friction materials sold in Washington state. It also requires brake pad manufacturers to self-certify compliance with the law using third party accredited laboratories and to mark proof of certification on all pads sold in Washington state. The purpose of this rule making is to develop these compliance criteria and address other issues necessary to implement this law.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Currently, no other federal or Washington state agencies regulate the composition of brake friction materials. Ecology has been communicating with California, which adopted similar legislation, and with Oregon, which is considering a similar law.

     Process for Developing New Rule: During rule making ecology will seek input and expert advice from stakeholders. This input and advice will inform and help shape an informal draft rule. Ecology will then seek comments on this informal draft prior to issuing a formal proposed rule. After a formal proposed rule has been released ecology will hold at least two public hearings.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Ian Wesley, Rule-Writer,, (360) 407-6747, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600; or Kathy Davis, Media Relations,, phone (360) 407-6149, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600; web site


     Ecology intends to involve stakeholders though an open, ongoing, and collaborative process. Ecology has established a list-serve and web site which will be used to provide interested parties with updates on the process.

January 27, 2011

K. Seiler

Program Manager

© Washington State Code Reviser's Office