Brake Pad Partnership
Each time drivers step on their brakes, small amounts of debris are released onto streets, into the air and, eventually, into waterways. Much of this debris contains copper. California drivers use their brakes hundreds of millions of times a day, and the cumulative impact of the copper takes a toll on the environment.
Copper that ends up in streams, rivers and coastal waters can be toxic to aquatic organisms like phytoplankton, which make up the base of the food chain and whose health affects entire ecosystems. Elevated copper levels also impair salmon's sense of smell, making them vulnerable to predators and unable to find their way back to their spawning streams.
In their role as the enforcing agents of the federal Clean Water Act, the Regional Water Quality Control Boards in San Diego and Los Angeles have established maximum allowable limits for copper pollution in several highly urbanized watersheds in Southern California. These limits must be met no later than 2028. Similar limits are expected to be imposed soon in other urban regions across the state.
The responsibility for meeting the copper limits falls on the municipalities in these watersheds. Getting copper out of water once it has been deposited there is difficult and expensive. Reducing it at its principal source - car and truck brakes - is the most efficient and effective way to remove a significant component in the decline of endangered fish such as coho and steelhead, which inhabit thousands of miles of inland streams and California coastline. It also can save municipalities charged with meeting copper regulations from potentially crippling cleanup costs.
A Partnership Is Formed
In 1998, Sustainable Conservation brought together a first-of-its kind group of brake manufacturers, stormwater agencies and environmental groups to work together to determine if copper from brakes is a significant contributor to copper contamination, using the San Francisco Bay Area as a case study. The Partnership conducted a 10-year scientific investigation into the role automobile brakes play in elevated copper levels within San Francisco Bay Area watersheds. The results of these studies indicate that copper from brakes is the single greatest contributor to elevated copper levels in urban creeks. While our studies focused on the Bay Area, it is likely that copper from brakes contributes significantly to elevated copper levels in all the state's highly urbanized watersheds, including those in Southern California.
Legislation
After evaluating a number of strategies, the Partnership reached consensus that the fairest and most effective course of action would be to pursue legislation that mandates reducing the amount of copper used in brakes to an insignificant amount in a phased manner. The resulting bill, SB 346 (Kehoe), requires that brake pads sold in California contain no more than a minimal 0.5% copper by weight no later than January 1, 2025. The bill is crystal clear that any brakes developed to meet these requirements must meet all applicable safety standards. SB 346 also includes provisions that link it with California's landmark Green Chemistry Initiative in order to ensure that copper will not be replaced with materials containing other harmful substances.
As SB 346 has evolved since being introduced, disagreements have arisen between the members of the Partnership on several issues. Some of these disagreements have been resolved. On others, conflicts remain and temporary impasses have been reached. Sustainable Conservation remains committed to a collaborative, consensus-based approach that all stakeholders can embrace to protect water quality, boost the health of aquatic species, and support a vital part of the automotive industry.