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Hazardous Waste & Toxics Reduction

Frequently Asked Questions - Applying for a Waiver from the Baseline Reporting Requirements

The Better Brakes Law required manufacturers of brake friction material to submit baseline reports by January 1, 2013. Manufacturers may not certify brakes for sale in Washington State until they submit a baseline report. However some manufacturers may qualify for a waiver (exemption) from this reporting requirement, because they did not manufacturer brake friction material during 2011 or their suppliers submitted information on the formulas they distribute. A manufacturer must submit a baseline report or receive a waiver from Ecology before they may certify their products.

I manufactured brakes during 2011 and have not filed a baseline report. Should I apply for a waiver? Answer...

Unless your supplier has reported on your behalf, you do not qualify for a waiver. Please provide a baseline report. While there is no penalty for filing late, you may not certify your products until we receive a baseline report. Hide this content.

Who qualifies for a waiver? Answer...

In general manufacturers may qualify for a waiver if: They did not sell brake friction material in Washington State during 2011, the reporting year. OR Their suppliers reported on their behalf for all of their products sold in Washington State during 2011. Hide this content.

How do I apply for a waiver? Answer...

Applying for a waiver is simple. Submit a letter briefly stating the reason(s) your company qualifies for a waiver. The letter must include:

  1. Contact information: including email address, for someone at your company who can answer questions about the waiver application.
  2. The name of your registrar: you may wish to send them a copy of the letter you submit to Ecology as well.
  3. A statement of the reason you qualify for a waiver, such as:
    • Your company did not manufacture brakes during 2011 that were offered for sale in Washington State. If certifying materials manufactured after January 1, 2016: your company did not manufacturer brakes between January 1, 2011, and December 31, 2014, that were offered for sale in Washington State. Or
    • Each of your suppliers reported baseline information on each formula bearing your company’s brand that was manufactured during 2011 and you have verified and confirmed with Ecology that they reported on each of your formulas.
  4. A certification statement: signed by an authorized representative of your company with the following language: "I certify (or declare) under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct":

    (Date and Place) (Signature)

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How should I submit an application for a baseline waiver? Answer...

Mail your baseline waiver application to the address below. Or for quicker processing, you may email a scanned copy of the signed letter to the Better Brakes Coordinator.

Mailing address
Department of Ecology
HWTR – Better Brakes
PO Box 47600
Olympia, WA 98504-7600
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What happens after I submit my application? Answer...

Ecology will review your application to ensure you have provided accurate information and you meet the waiver criteria. If you meet the waiver criteria we will notify you via email and issue a baseline waiver code. This email will be sent to you and your registrar. Your registrar will use this code when they submit certification information on your behalf. We will do our best to respond to all requests within one to two weeks. Hide this content.


Ian Wesley, Better Brakes Rule coordinator: iwes461@ecy.wa.gov or 360-407-6747