Section 173-901-110. Reporting requirements for brake friction material manufacturers.

(1) After January 1, 2015, self-certification documentation submitted to the department, under WAC 173-901-060, will fulfill brake friction materials manufacturers' reporting requirements, under RCW 70.285.070.

(2) By January 1, 2013, manufacturers of brake friction material offered for sale in Washington state are required to file an initial baseline report with the department.

(3) For the initial baseline report, due by January 1, 2013, each manufacturer of brake friction material must report the following information to the department, in a form and format prescribed by the department:

(a) Contact information for the brake friction material manufacturer, including the mailing address, phone number, and e-mail address of a representative of the company who can serve as a point of contact for the department;

(b) A table containing the following information:

(i) Each friction material formula manufactured, during 2011, identified by a code assigned by the brake friction material manufacturer. While manufacturers of brake friction material may assign the code, the code must conform to data specifications outlined by the department, including the length of the code, the characters that may be in the code, or other data specifications identified by the department.

(ii) The percent by weight concentrations of copper, nickel, zinc, and antimony in each formula manufactured by the brake friction material manufacturer. These concentrations must be reported using the guidelines in subsection (4) of this section for each formula, whether it is used on light vehicles, heavy/commercial vehicles, or both.

(4) How will manufacturers of brake friction material determine concentrations of copper, nickel, zinc, and antimony in brake friction materials?

(a) For the initial report, manufacturers of brake friction material are not required to conduct laboratory tests on brake friction materials to determine the concentrations of copper, nickel, zinc, and antimony. A brake friction material manufacturer may report the concentrations of copper, nickel, zinc, and antimony, by percent by weight:

(i) Using the design intent or formula of brake friction materials; and

(ii) If necessary, consulting with suppliers to determine the concentrations of these elements in raw materials.

(b) Brake friction material manufacturers must report the average concentration based on the amount of the element present in the brake friction material. For example: Only 79.9 percent of the amount of copper oxide (CuO) used in a brake friction material formula would be reported as copper.

(c) Averages, reported to the department, must be rounded to the hundredth of a percent.

(5) How should brass be calculated into the average reported to the department? When possible brake friction material manufacturers should calculate the average concentrations of copper, nickel, zinc, and antimony using the actual amounts of these elements in the brass they are using. If this information cannot be obtained, the brake friction material manufacturer may assume that the brass it is using contains seventy percent copper and thirty percent zinc, by weight.

(6) How will brake friction material manufacturers transmit the initial report to the department? Initial baseline reporting must follow a process similar to the certification procedure outlined in WAC 173-901-060. Initial baseline reporting must follow the following process:

(a) Step 1: Manufacturers of brake friction material must determine the concentrations of copper, nickel, zinc, and antimony in each brake friction material formulation they manufacture;

(b) Step 2: Manufacturers of brake friction material must transmit this information to an industry-sponsored registrar;

(c) Step 3: Manufacturers of brake friction material must ensure that the industry-sponsored registrar transmits this information to the department in an electronic form and format prescribed by the department.

(7) How will new market entrants fulfill the baseline reporting prerequisite for certification?

(a) Manufacturers of brake friction material offered for sale in Washington state are required to file a baseline report by January 1, 2013.

(b) Brake friction material manufacturers that do not currently offer products for sale in Washington state or that fail to file a report by January 1, 2013, may not certify their brake friction material until they file a baseline report.

(c) Manufacturers of brake friction materials seeking to certify brake friction material manufactured prior to January 1, 2016, must provide the baseline report described in this section.

(d) Manufacturers of brake friction material seeking to certify brake friction materials manufactured on or after January 1, 2016, must provide the same baseline report described in this section except that it shall be for brake friction materials manufactured during 2014 as opposed to 2011.

(e) Manufacturers of brake friction material that did not manufacture brake friction materials sold or offered for sale in Washington state between January 1, 2011, and December 31, 2014, must certify to this fact and the department may waive the baseline reporting prerequisite for certification.

[Statutory Authority: Chapter 70.285 RCW. WSR 12-21-082 (Order 10-17), § 173-901-110, filed 10/19/12, effective 11/19/12.]

Chapter 70.285 RCW. WSR 12-21-082 (Order 10-17), § 173-901-110, filed 10/19/12, effective 11/19/12.

Rules

173-901-060,173-901-060,