Section 66387.9 - Extension Process(a) How does a manufacturer apply for an extension to the January 1, 2025, deadline established in Health and Safety Code section 25250.53? (1) To apply for an extension on or after January 1, 2019, a manufacturer shall submit an extension application, electronically or in writing, to the Department with the following information: (A) Contact information for the manufacturer requesting an extension.(B) Information on the affected vehicles including the vehicle model, class, platform, or other vehicle-based category that includes: 1. Identification of the brake friction material associated with each vehicle model, class, platform, or other vehicle-based category on the extension application. a. Identification of whether the brake friction material is intended for use in original equipment or replacement parts.2. Identification of the brake pads and brake drums associated with each vehicle model, class, platform, or other vehicle-based category on the extension application that includes: a. Brand name(s) of the brake pad and/or brake drum; andb. Part number(s) of the brake pad and/or brake drum; andc. Identification on whether the brake pad and/or brake drum is original equipment or a replacement parts.(C) The type and length of extension request (initial or renewal). 1. For an initial extension request, the manufacturer shall indicate the length of time for the requested extension as either one (1), two (2), or three (3) years.2. For a renewal of an existing extension request, the amount of time shall be two (2) years.(D) Documentation that supports the need for an extension. A manufacturer shall provide all of the following information: 1. An estimate on the quantity of copper that would be emitted if the extension is granted in accordance with Health and Safety Code sections 25250.54, subdivision (a)(4), and2. The assessment of "safe and available" alternatives in accordance with Health and Safety Code section 25250.54, subdivision (e)(3).(2) The application process. (A) The Department shall process the application in accordance with Health and Safety Code section 25250.54, subdivision (b) and (c).(B) The advisory committee shall process the application in accordance with Health and Safety Code section 25250.54, subdivision (d) through (f); and(C) The Secretary shall make a determination in accordance with Health and Safety Code section 25250.54, subdivision (g).(3) A manufacturer may submit a request for an extension by either of the following methods: (A) For an electronic submittal, the person shall send the request to the Department via the electronic mailbox (brakepad@dtsc.ca.gov) on the Department's website at http://www.dtsc.ca.gov with the words "Attention: California Brake Pad Extension Request" displayed in the subject line for the electronic mail, or(B) For a written submittal, the 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 Extension Request" prominently displayed on the front of the envelope.(4) The department shall post the following information on its website at http://www.dtsc.ca.gov for all extension applications received:(A) The name of the applicant; and(B) The vehicle model, class, platform, or other vehicle-based category; and(C) The brand name of the brake pad and/or brake drum; and(D) The part number of the brake pad and/or brake drum, and(E) Whether the extension was approved or denied.(b) How does a manufacturer renew an extension to the January 1, 2025 deadline established in Health and Safety Code section 25250.53? The brake friction material manufacturer may submit another extension application in accordance with California Code of Regulations, title 22, section 66387.9, subsection (a). The documentation to renew an extension shall include information on the original extension that was approved by the Secretary along with a description and any additional documentation explaining the need for the extension.
(c) Who is eligible to apply for an extension to the January 1, 2025 deadline established in Health and Safety Code section 25250.53? A manufacturer as defined in California Code of Regulations, title 22, section 66387.1, subsection (h) may apply for an extension to the January 1, 2025 deadline.
(d) Will the Department charge a processing fee? How will the fee be calculated? Under Health and Safety Code section 25250.54, subdivision (j), the Department shall assess a fee for each extension application to cover actual costs incurred in implementing the extension process. The fee shall include costs incurred:
(1) For appointing the advisory committee;(2) By each advisory committee member for travel and meetings held;(3) By the department overseeing, coordinating, reviewing, and preparing support documentation for an extension application;(4) By California Air Resources Board reviewing an extension application and any support documentation;(5) By the State Water Resources Control Board reviewing an extension application and any support documentation; and(6) By the California Environmental Protection Agency reviewing, approving, or disapproving an extension application.Cal. Code Regs. Tit. 22, § 66387.9
1. New section filed 9-30-2016; operative 1-1-2017 (Register 2016, No. 40). Note: Authority cited: Health and Safety Code sections 25250.54 and 58012. Reference: Health and Safety Code section 25250.54.
1. New section filed 9-30-2016; operative 1/1/2017 (Register 2016, No. 40).