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Limiting Copper in Brake Pads

The Brake Pad Law limits copper and other toxic substances from entering California waterways

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In 2010, Governor Schwarzenegger signed Senate Bill (SB) 346, known as the California Motor Vehicle Brake Friction Material Law (Brake Pad Law). This law prohibits the sale in California of automobile brake pads containing copper, certain heavy metals, and asbestos at levels above trace amounts. Final regulation language that became effective in 2017 can be found in the California Code of Regulations.

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The Brake Pad law restricted the heavy metal and asbestos content of brake pads beginning in 2014 and limited copper content to a maximum of 5 percent in 2021. By 2025, the law reduces the amount of copper allowed to almost zero. Copper is toxic to many aquatic organisms. Limiting the copper content of brakes is required to comply with a federal Clean Water Act mandate, including copper water quality standards and copper total maximum daily loads in California’s urban watersheds.

Manufacturers of brake friction materials must certify that their products comply with the law

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The Brake Pad Law requires that manufacturers demonstrate compliance through laboratory testing, have those test results certified by a third-party, and use a mark to certify their products’ compliance level. As shown in the table below, the compliance levels A, B, and N designate the percentage of copper and other constituents found in brake friction materials and align with the deadlines mandated by the Brake Pad Law.

DTSC, the Washington State Department of Ecology, and the Society of Automotive Engineers (SAE) Brake Materials Environmental Task Force developed the criteria for testing and marking brake pads that meet the restrictions specified by the law. These criteria were published in SAE Standards SAE J866-2012 and SAE J 2975-2013. In 2010, Washington State passed a law similar to the California law. To date, DTSC recognizes only two testing certification agencies: NSF International and The Automotive Manufacturers Equipment Compliance Agency, Inc. (AMECA).

SAE Environmental Markings

SAE Environmental Marking	Description of Marking Criteria	Date Criteria Goes into Effect
A	These motor vehicle brake friction materials do not exceed the following concentrations: • Cadmium exceeding 0.01% by weight • Chromium (VI) salts exceeding 0.1% by weight • Lead exceeding 0.1% by weight • Mercury exceeding 0.1% by weight • Asbestiform fibers exceeding 0.1% by weight	January 1, 2014
B	These motor vehicle brake friction materials do not exceed 5% copper by weight. This symbol also indicates these materials meet the requirements listed for the “A” environmental marking.	January 1, 2021
N	These motor vehicle brake friction materials do not exceed 0.5% copper by weight. This symbol also indicates these materials meet the requirements listed for the “A” environmental marking.	January 1, 2025

Report Demonstrates Brake Pad Law’s Impact on Reducing Copper in Urban Runoff

The Brake Pad Legislative Report, recently released by DTSC and the State Water Resources Control Board, documents widespread compliance with the Brake Pad Law and a subsequent reduction in aquatic pollution.

As of 2021, more than 60 percent of brake pads on the market are copper-free, which corresponds to an estimated 28 percent decrease in copper entering urban runoff. Further reductions of copper releases to the aquatic environment are expected as manufacturers continue to come into compliance, new cars and brakes enter the California fleet, and previously accumulated copper is flushed out of watersheds.

The Brake Pad Legislative Report also summarizes the work DTSC has done to implement the Brake Pad Law, including developing criteria for testing, certification, and marking of brake pads, and establishing requirements for and approving testing of certification agencies.