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US Environmental Protection Agency (US EPA)
The US EPA has used its authority under the Toxic Substances Control Act (TSCA) to collect product
composition information in order to protect human health. This authority was used specifically to regulate
asbestos in brake pads under TSCA Section 6 (Federal Register, 1989). Following twelve years of research,
US EPA=s 1989 final ruling called for a ban of all asbestos brake friction material in original equipment
manufacturer and after-market brake pads for light and medium weight vehicles. The rule was reversed
court order before the 1993 phaseout date was reached.
Paul Susstone, at EPA=s Office of Pollution Prevention and Toxics, said that the basis of the reversal was
that EPA had not evaluated industry’s alternatives before issuing the phaseout rule (Susstone, January 1995).
EPA did not contest the reversal because industry had already switched to non-asbestos materials.
Presently, few brake material formulations contain asbestos because OSHA requirements make it costly
manufacture materials containing asbestos.
TSCA appears to provide EPA with the authority to obtain composition information and to regulate specific
chemical components of products. In the past, TSCA has been used primarily to to protect human health
and I have received several opinions from the US EPA regarding the applicability of TSCA to the protection
of surface waters and the environment. Mr. Susstone said he did not believe TSCA applied to the protection
of surface waters (Susstone, March 1995). However, in a meeting at the US EPA=s Region IX office, Amy
Zimpfer of the Office of Pollution Prevention, stated that she believes TSCA would grant the US EPA the
authority to collect information on the chemical composition of brake pads and may also apply to their
regulation (Zimpfer, 1995). The City of Palo Alto is researching TSCA=s data collection and regulatory
provisions.
EPA coordinates voluntary partnerships with companies to prevent pollution in a number of different
industry sectors. For example, EPA=s Green Lights program promotes switching to energy efficient lighting
at a significant savings in energy costs to companies. EPA=s 33/50 program encourages companies to reduce
their hazardous waste generation by publicizing companies that are 33/50 partners. The RWQCP believes
that voluntary reductions in the copper content of brake pads may be achieved by a voluntary partnership
with vehicle/brake pad manufacturers. By reformulating brake pads to contain less copper, manufacturers
can save on the cost of raw materials and can enhance their images as an environmentally responsible
companies.