Hazardous Waste > Laws & Rules > Better Brakes Law

Better Brakes Law

In 2010 Washington State passed a law reducing the use of toxic material in automotive brake pads and shoes. This law, similar to a recent California law, restricts the use of several heavy metals and asbestos, and provides for a phase out of copper over the next 15-20 years.

As brake pads wear down, copper and other metals are deposited on roadways, where they are washed into our streams and rivers. In urban areas, brake pads account for up to half of the copper entering our waterways. Copper is highly toxic to fish and other aquatic species. Young salmon are especially susceptible to the effects of copper. Removing copper and other toxic metals from brake materials will help to clean up Puget Sound and other water bodies around the state.

Major provisions of the Better Brakes Law

• Brake pads and shoes manufactured after January 1, 2014, must not contain asbestos, hexavalent chromium, mercury, cadmium, or lead. Auto shops and other distributors of brakes will be able to sell any existing inventory for ten years.
• Brake pads manufactured after January 1, 2021, must not contain more than five percent copper by weight.
• Beginning in 2015, Ecology will review relevant information and consult with a committee of experts to determine if alternative brake friction materials, containing less than 0.5 percent copper, are available.
• Eight years after Ecology determines that alternative brake friction materials are available, brake pads containing more than 0.5 percent copper may not be sold in the state.
• Brake manufacturers will use accredited laboratories and certify to Ecology that their brake pads and shoes comply with the law and will mark proof of certification on all pads and packaging offered for sale in Washington.
• Ecology will track data provided by manufacturers to ensure that concentrations of nickel, zinc, and antimony in automobile brake pads do not increase by more than 50 percent.

Better Brakes Rule

The Better Brakes Law directs Ecology to develop rules to implement the law.  The rules describe compliance criteria for:

• A self-certification process, using accredited laboratories, for manufacturers of brake friction material to certify that their products comply with the requirements of the law.
• Marking brake friction materials and their packaging with proof of certification.
• Data submitted to Ecology regarding the concentrations of copper and other materials in brake friction material sold in the state.
• A process by which manufacturers may apply for an exemption from the requirements of the law.
• Other issues necessary to implement the better brakes law.     

If you would like more information about the rule-making process or would like to view any of the materials related to the workgroup or the Better Brakes workshop please visit the Better Brakes Rule-Making Process web page or view the most recent draft of the rules.

The most recent draft of the rules may be found here.  If you have questions or comments about the draft please submit them to Ian Wesley, ian.wesley@ecy.wa.gov.

If you would like more information about the rule-making process or would like to view any of the materials related to the workgroup or the Better Brakes workshop please visit the Better Brakes Rule-Making Process Webpage.

For more information

• Sign up to receive information about the rule making process at ECOLOGY-BETTER-BRAKES List
• Check status of rule-making at Ecology’s Laws and Rules current rule making webpage
• Brake friction material law Chapter 70.285 RCW
• Frequently asked questions
• Rule-making process
• Draft Rule

Contacts

Ian Wesley, Better Brakes Rule coordinator: iwes461@ecy.wa.gov or call: (360) 407-6747.
Kathy Davis, Ecology media relations: kada461@ecy.wa.gov or call: (360) 407-6149.

For comments on our website, please e-mail us.