Section 66387.4 - Testing Certification Agency for Brake Friction MaterialThe testing certification agency shall serve as the official registration source for self-certified brake friction materials. The testing certification agency shall post and maintain the self-certification of brake friction materials on the Internet which includes the unique identification code and the manufacturer name. The Department shall approve the certification requirements used by the testing certification agency to facilitate the acceptance of the marked proof of certification in all 50 states and United States territories in accordance with Health and Safety Code section 25250.60, subdivision (j).
(a) What accreditation does the testing certification agency need to meet? The testing certification agency shall use accredited laboratories that meet the requirements of California Code of Regulations, title 22, section 66387.5. The testing certification agency shall be accredited in accordance with the requirements of either the ISO/IEC 17065:2012 standard or the ISO/IEC Guide 65:1996 standard. The accreditation must be issued by an accreditation body, operating in accordance with ISO/IEC 17011:2005. The accreditation body shall be a signatory to the International Laboratory Accreditation Cooperation (ILAC) Arrangement for testing (ISO/IEC 17025) for accreditation of testing organizations or the International Accreditation Forum (IAF) Arrangement for product certification (ISO/IEC 17065) for accreditation of certification agencies. A testing certification agency shall be responsible for performing the following tasks:
(1) Use chemical analysis data from an accredited laboratory that meets the requirements of California Code of Regulations, title 22, section 66387.5. If a testing certification agency uses an analytical laboratory that is accredited by a program not listed in California Code of Regulations, title 22, section 66387.5, subsection (a), then the testing certification agency shall follow the process outlined in California Code of Regulations, title 22, section 66387.5, subsection (b) through (d) and obtain approval from the Department prior to using test results from that analytical laboratory for the brake friction material;(2) Receive confirmation from the analytical laboratory that the chemical analysis for each brake friction material formulation was conducted using the testing methodology in accordance with California Code of Regulations, title 22, section 66387.6, subsection (a). If an analytical laboratory or manufacturer of brake friction material uses a chemical analysis testing method or chemical analysis sample processing not listed in California Code of Regulations, title 22, section 66387.6, subsection (a)(2), then the testing certification agency shall request the analytical laboratory or manufacturer of the brake friction material provide the approval letter issued by the Department stating the alternative testing method was approved pursuant California Code of Regulations, title 22, section 66387.6, subsection (l);(3) Issue a self-certification of compliance to the brake friction material manufacturer for its formulation(s) and unique identification code(s) that comply with Health and Safety Code sections 25250.51, 25250.52, or 25250.53.(4) Publish all self-certifications on the Internet in accordance with Health and Safety Code section 25250.60, subdivision (h);(5) Assign the environmental compliance level in accordance with California Code of Regulations, title 22, section 66387.7, subsection (c)(3); and(6) Post on the Internet the environmental compliance level and unique identification code(s) marked on the brake friction material that follows the process outlined in California Code of Regulations, title 22, section 66387.7, subsection (c), with or without the two digits that indicate the year the brake friction material is produced.(b) What is the process for obtaining the Department's approval for a testing certification agency's requirements? An organization interested in being a testing certification agency shall submit a request for approval to the Department on their brake friction material certification requirements in writing or electronically. The request shall include all of the following information:
(1) Contact information for the organization requesting the approval including but not limited to the: (A) Contact person's name; and(B) Contact person's job title; and(C) Contact person's e-mail address; and(E) Business address; and(F) Business phone number.(2) The organization's brake friction material certification request for approval must include copies of the organization's: (A) Certificate of Conformity Accreditation for either: 1. ISO/IEC 17065:2012; or(B) Standard Operating Procedures for Material and/or Product Certification;(C) Proposed brake friction material certification process including but not limited to: 1. Copy of the chemical analysis testing method and chemical analysis sampling process that meets the requirements in California Code of Regulations, title 22, section 66387.6;2. Copy of the procedures describing the quality assurance procedures for checking testing results and rejecting testing results that are not within the quality control limits;3. Recertification cycle for each certified brake friction material is performed at least every 3 years under this program. When recertifying brake friction materials, manufacturers of brake friction materials must submit updated self-certification documentation and new laboratory testing results. However, brake friction materials containing more than five percent copper, but that meet the requirements for the constituents listed in California Health and Safety Code section 25250.51, subdivisions (a)(1) through (a)(5), do not need to be submitted for new testing to be recertified prior to 2021;4. Copy of the procedure used to ensure every self-certified brake friction material formulation has a unique identification code;5. Copy of the proposed manufacturer declaration of Self-Certification of Compliance;6. Copy of the proposed format for the marked proof of certification that meets the requirements in California Code of Regulations, title 22, section 66387.7;7. Copy of the procedure regarding self-certification information on brake friction materials on their website. This includes, but is not limited to, the list of self-certified materials, description of the registration procedures, date of the last update of the list of registered materials, description and graphics illustrating the marked proof of certification on the pad and packaging logo.8. Internet address where all self-certification documentation will be published and available to the public at no cost; and9. Copy of the trademark for a packaging logo if one is issued by the testing certification agency.(D) Copy of the certification credentials for the chemical analysis laboratory(ies) used by the testing certification agency(3) An organization may submit a request for approval of certification agency requirements by either of the following methods:(A) For an electronic submittal, a person shall send the request to the Department via electronic mail (brakepad@dtsc.ca.gov) on the Department's website at http://www.dtsc.ca.gov with the words "Attention: California Brake Pad Testing Certification Agency Request" displayed in the subject line of the electronic mail; or(B) For written submittal, a person shall send the request to the Department via certified mail, return receipt requested, at the following address: Department of Toxic Substances Control, Safer Products and Workplaces Program, P.O. Box 806, Sacramento, CA 95812-0806, with the words "Attention: California Brake Pad Testing Certification Agency Request" prominently displayed on the front of the envelope.(c) How will the Department notify a testing certification agency that their certification agency requirements have been approved by the Department? The Department shall notify the testing certification agency in writing of its determination of approval or denial within 90 days of receipt of the request. If the Department finds the testing certification agency requirements meet California Code of Regulations, title 22, section 66387.4, subsection (a), then a letter will be sent to the testing certification agency that provides details on the basis of the approval. If the Department does not find the testing certification agency requirements meet subsection (a) of this section, then the letter will list the reasons the certification agency requirements did not meet subsection (a) of this section. Testing certification agencies approved by the Department shall be posted on the Department's Web page at http://www.dtsc.ca.gov.
After a testing certification agency has been approved by the Department, the testing certification agency does not need to resubmit the document specified by the California Code of Regulations, title 22 section 66387.4, subsection (b)(2)(D) for additional laboratories to be used by the testing certification agency, if the additional analytical laboratories comply with the requirements in subsection 66387.5, subsection(c)(2). The testing certification agency does not need to resubmit changes to the documentation and procedures described in the California Code of Regulations, title 22, 66387.4,subsections(b)(2)(B) and (b)(2)(C) provided those changed documents continue to comply with all requirements of the California Code of Regulations, title 22, section 66387.4.
Cal. Code Regs. Tit. 22, § 66387.4
1. New section filed 9-30-2016; operative 1-1-2017 (Register 2016, No. 40). Note: Authority cited: Health and Safety Code sections 25250.60 and 58012. Reference: Health and Safety Code section 25250.60.
1. New section filed 9-30-2016; operative 1/1/2017 (Register 2016, No. 40).