Cal. Code Regs. tit. 22 § 66387.5

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 66387.5 - Accredited Laboratories for Testing Brake Friction Materials

(a) What accreditation does the analytical laboratory need to meet?

To certify compliance, a manufacturer of brake friction material shall ensure that its brake friction material is tested by a laboratory that is qualified and equipped for testing products in accordance with the SAE J 2975:DEC2013, and maintains accreditation to one of the following:

(1) ISO/IEC 17025:2005 from a laboratory accreditation body that is a signatory to the International Laboratory Accreditation Cooperation Multilateral Recognition Arrangement, as of the effective date of this chapter. The laboratory's scope of accreditation to ISO/IEC 17025:2005 shall encompass one of the following:

(A) Test method(s) listed in SAE J 2975:DEC2013; or

(B) An alternate testing method approved under California Code of Regulations, title 22, section 66387.6, subsection (l); or

(2) Any accreditation body that is recognized by the National Environmental Laboratory Accreditation Program, as of the effective date of this chapter.

(b) May an alternative laboratory accreditation not listed in California Code of Regulations, title 22, section 66387.5, subsection (a) be used?

A manufacturer of brake friction material, laboratory, or laboratory accreditation body may certify compliance with Health and Safety Code section 25250.51, 25250.51 and 25250.52, or 25250.51 and 25250.53 using testing results generated by a laboratory accredited to an alternative laboratory accreditation not listed in subsection (a) of this section if the alternative laboratory accreditation is approved by the Department in advance of testing results being used for certification. The manufacturer of brake friction material, laboratory, or laboratory accreditation body that requests the Department consider an alternative laboratory accreditation not listed in subsection (a) of this section shall be responsible to demonstrate to the Department that the alternative laboratory accreditation is equivalent to or better than the standards or laboratory accreditation programs listed in subsection (a) of this section. Once an alternative laboratory accreditation has been approved by the Department in accordance with California Code of Regulations, title 22, section 66387.5, subsection (d), any brake friction material manufacturer, laboratory, or laboratory accreditation body may use the alternative laboratory accreditation for certification.

(c) What is the process for requesting the Department to approve an alternative laboratory accreditation not listed in California Code of Regulations, title 22, section 66387.5, subsection (a)?

A manufacturer of brake friction materials, laboratory, or laboratory accreditation body may submit a request for approval on an alternative laboratory accreditation in writing or electronically. The request shall include 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

(D) Business name; and

(E) Business address; and

(F) Business phone number.

(2) A copy of the alternative laboratory accreditation standard or the proficiency testing procedures for the laboratory accreditation program.

(3) A manufacturer of brake friction material, laboratory, or laboratory accreditation body may submit a request for an approval of an alternate laboratory accreditation 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 Alternative Laboratory Accreditation Request" displayed in the subject line of the electronic mail; or

(B) For a 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 Alternative Laboratory Accreditation Request" prominently displayed on the front of the envelope.

(d) How will the Department notify a manufacturer of brake friction material, laboratory, or laboratory accreditation body that an alternative laboratory accreditation has been approved?

The Department shall notify the manufacturer of brake friction material, the laboratory, or the laboratory accreditation body in writing as to whether the alternative laboratory accreditation has been approved within 90 days of receipt of the request. If the Department finds the alternative laboratory accreditation is equivalent to or better than those listed in California Code of Regulations, title 22, section 66387.5, subsection (a), the Department shall provide the basis of the approval. If the Department does not find the alternative laboratory accreditation equivalent to or better than those listed in subsection (a) of this section, the Department shall provide the reasons in writing for the denial. The alternative laboratory accreditation approved by the Department shall be posted on the Department's Web page at http://www.dtsc.ca.gov.

Cal. Code Regs. Tit. 22, § 66387.5

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).