Hazardous Waste > Laws & Rules > Better Brakes > FAQ's on Better Brakes Rule

Frequently Asked Questions on Better Brakes Rule

Why is this law important?

Each time a driver uses their brakes, a small amount of copper and other metals are deposited on roadways from the brake pad. These metals then wash into our streams and rivers. With millions of drivers using their brakes each day, these small amounts significantly impact our waterways, including Puget Sound. Copper is very toxic to aquatic life and brake pads account for up to half of the copper entering our water from urban areas.

This law also helps protect the health of people who install and replace brake pads by prohibiting the sale of asbestos-containing brake pads. Many people are unaware that some brake pads may still contain asbestos and that these pads are still legally sold in Washington State.

Are alternative brake pads safe?

Yes! Brake manufacturers have assured Ecology that they can make low-copper pads that are just as safe, effective, and reliable as their high-copper counterparts.

When does this law take effect?

The provisions of this law are phased in over many years. Beginning in 2013, manufacturers will be required to report the concentrations of several metals in brake pads sold in Washington State. The next requirements begin in 2014. Brake pads manufactured after this date may not contain asbestos or several heavy metals. By 2021, brake pads must contain less than five percent copper.

Why does it take so long for these requirements to take effect?

This law is the result of lengthy negotiations between the braking industry and environmental groups. Both groups support the final outcome, which gives the braking industry adequate time to develop, manufacture, and safety-test new brake pad formulations for the full range of vehicle models and types.

Why is copper a problem?

As brake pads wear down, they deposit small amounts of copper on the road, where it is washed down storm drains and 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, invertebrates, amphibians, and phytoplankton. It is particularly harmful to the sensory systems of threatened and endangered salmon. Copper reduces the ability of young salmon to escape from predators and it hinders adult salmon from finding their spawning streams. These toxic effects limit the abundance of salmon returning to our fisheries and spawning grounds.

What is the alternative to copper in brake pads?

The solutions will vary from one brake pad to the next. The chemistry and science behind making a brake pad is complex - some pads have 30 or more constituents. There will be many different ways to reduce the copper content of pads. For example some pads may only need to substitute iron, tin, or another metal for copper, while other pads may require more complicated reformulations.

How much will the alternatives cost?

It is difficult to estimate the cost of low-copper brake pads and costs will vary significantly depending on the type of pad and the vehicle it is intended for. Ecology has been told that by the time the bill is implemented the price of the new materials should be comparable to existing products.

Does the braking industry support this law?

Yes. The braking industry supports this law. Industry has been involved in conducting research and analyzing this problem for more than a decade. During the mid-1990’s, the Brake Pad Partnership (BPP) was formed. The BPP was a cooperative effort between industry, government, and non-profits to investigate copper in brake pads. This group determined that brake pads were a significant source of copper and that this copper was harming the environment. Then, many manufacturers wanted to do the right thing and phase out copper. However, they were also concerned that some of their competitors would not invest the time and effort in reformulating their products – they feared this would put them at competitive disadvantage. The BPP decided that the best course of action was to support legislation requiring the phase-out of copper.

How will I know if the brake pads I purchase are compliant with the law?

All brake pads manufactured after January 1, 2014 must be marked by their manufacturer with a proof of certification. This will appear on both the pad and its packaging. While the exact marking has not been determined, it will likely include an “edge-code”, a code on the edge of brake pads that indicates the properties of the brake, and a seal on the packaging that says the pad is compliant with the law.

Questions and Answers for Installers and Retailers

What can I do with pads that have copper or other regulated constituents once the bill goes into effect?

Pads may be installed on vehicles normally for ten years after the effective date. However, after the effective dates brake pad installers and distributors should not accept pads from their suppliers which have not been marked with proof of certification. Installers and distributors in Washington are entitled to a full refund if they receive pads that are not in compliance with the law.

What should I tell a customer who comes into my store and asks for low-copper brake pads?

You can explain to customers that the requirements of the bill don’t take effect for some time, and you don't stock them yet. There are companies that make and sell low- and no-copper brake pads, and you might want to start stocking low-copper pads to meet this new demand. However, it is often difficult to find out which pads have copper or other toxic constituents and often manufacturers are reluctant to reveal the content of their pads. There are also several companies that advertise their products as environmentally friendly, yet when they are asked, they will tell you their pads do contain copper. It is best to be cautious and ask manufacturers directly if their pads contain copper or other toxic substances.

What happens if I sell or install a pad that is in violation of the law?

The intention of the law is to shift responsibility towards manufacturers of brake pads. The enforcement provisions of this law require Ecology to provide a written warning, information, and assistance prior to issuing any penalties. If a retailer or distributor is found to be selling pads that violate the law, Ecology will assist and advise them on how to comply. Ecology will then investigate and notify the company, who first sold these pads to the Washington state distributor or retailer, that they had sold pads in violation of the law. People that repeatedly violate the law and have received warnings and guidance will be subject to penalties. If a distributor or retailer is sold brakes that do not comply with the law, the manufacturer is required to recall the brake pads and provide a full refund.

Contacts

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

 

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