Legislation to Reduce Copper Content in Brakes Moving in Washington State
March 8, 2010 - Concerned about the impact on waterways of toxic substances resulting from vehicle braking, the Washington State House has passed legislation (86-12) on March 4 that would require companies manufacturing brake pads to limit the use of copper to 5 percent by Jan. 1, 2021. Notwithstanding the ban, companies will be able to sell brake pads not meeting the 5 percent standard until Jan. 1, 2025 for purposes of "clearing inventory" if the pads were produced before the ban effective date.
Under the legislation, the Washington State Department of Ecology will be required by Dec. 1, 2015 to review whether an alternative brake friction material is available to meet the standard. If it is determined that the material is not available, the department is required to periodically reevaluate the finding and could reestablish the requirement if the alternative material becomes available. Once the 5 percent copper standard is finalized by the Department of Ecology, the standards would be reduced to .5 percent eight years later.
AAIA and the Washington Automotive Wholesalers Association opposed the legislation based on a provision included in the bill that would permit vehicle manufacturers to continue producing brake pads that did not comply with the 5 percent copper standard after Jan. 1, 2021 under conditions that those brakes are sold only for pre-2021 vehicle applications. This same exemption was not provided for non-original equipment brake pad manufacturers. An amendment that would have leveled the playing field for independent and car company brake pad producers was voted down 59-39 based on opposition from the car companies and the Washington State Chamber of Commerce. The bill, which had already been approved by the Senate, now must return to that chamber for a final vote since it had been revised in the House.
Legislation to reduce copper content is also under consideration in California, where AAIA is working with the California Automotive Wholesalers Association to ensure that it does not adversely impact independent brake pad manufacturers and distributors.