TYPES OF POLICY APPROACHES
Legislative action addressing microplastics ranges in scope and is still relatively new. Microplastic pollution mitigation is a complex issue due to its vast range of sources and does not readily lend itself to one type of regulation. The resources here highlight different approaches that can or have been implemented to reduce microplastic pollution within and across industry sectors. View detailed comparison chart of policy approaches
MICROBEAD BANS
Microbead laws and regulations limit the manufacture, import, sale, use and disposal of microbead products. Microbead legislation can be seen as a ‘gateway to microplastic regulation’, bringing microplastic pollution to the public eye in a tangible way. This “low hanging fruit” legislation can be a stepping stone to help rally support around more technical microplastic pollution regulation. At this point many companies are phasing out microbeads in personal care items and it is a relatively easy campaign win.
Microbead Voluntary Initiatives are also being adopted by several countries. While usually not legally binding, voluntary actions are still noteworthy. They can reduce the use and sale of microbead containing products and contribute to the reduction of marine litter. In addition, voluntary measures may form the basis of binding limits in the future.
INDUSTRY REGULATIONS
Industry regulation can be an effective mechanism to reduce microplastic point and non-point sources of pollution. Existing regulation can be modified to encompass microplastic emissions or new regulation can be crafted to successfully mitigate newly realized sources of pollution.
Regulations on industry practices can include measures which require best management practices (BMP) on microplastic pollution emissions (for water discharge, sludge and air), clothing and product labelling, Extended Producer Responsibility (EPR) regulations and classification of waste as hazardous material.
RESEARCH REQUIREMENTS
Local, State, and Federal Governments need to gather more research to better understand microplastics and potential harms. In an effort to create strategic policy measures addressing microplastics, requirements for microplastics research have been, and should continue to be, enacted.
Applications of this include, dedicated local and national microplastic research on environmental impacts and monitoring microplastic content in water, food, air, agriculture (soil, fertilizers, produce). Data collected can be used for driving producer responsibility, multi-industry regulation and stricter point source pollution regulation.
COMPREHENSIVE STRATEGIES
Efforts which include multiple measures to tackle single-use plastics (SUPs) and/or plastic pollution, often involve addressing the issue through different levels of stakeholder engagement. Successful strategies for stopping continued microplastic pollution will most likely involve a shift to a circular economy model with wide-ranging regulation of industry practices and materials as well as consumer behavioral change.
It should be noted that other non-legally binding initiatives are gaining momentum as well. While voluntary, these commitments and actions are noteworthy as they are aimed at reducing and preventing microplastic use and leakage and may form the basis of legislation in future. Additionally, they seek to engage stakeholders across sectors and pushing for a systems change by implementing circular economy principles.
FUTURE POLICY EFFORTS
POLICY RECOMMENDATIONS
- Include plastics 3, 6, 7 (polyurethane & polycarbonate) on list of hazardous substances
- Implement circular economy model
- Develop extended producer responsibility (EPR) legislation focused on plastic producers
- Implement Total Maximum Daily Limits (TMDL) for industrial and WWT plant discharge on plastics < 5mm in size
- Mitigation and regulation of point and non-point sources of microplastic creation and loss from
- materials such as astroturf and composite boards
- plastic manufacturing facilities located on the coast – to prevent the loss of pre-production plastic to stormwater
- Requirements for research – data harmonization can be useful at different scales e.g. locally, globally and across disciplines
- Choose an appropriate monitoring strategy given the policy question being addressed as well as the resources available to carry it out
UPSTREAM MITIGATION STRATEGIES
CREDIT – ‘Microplastics: What are the Solutions by Eriksen, Thiel, Prindiville, and Kiessling (CC by 4.0 )
LEGISLATION TO FOLLOW
SB-1422 California Safe Drinking Water Act: microplastics Clear steps towards addressing microplastics in water for human consumption. Will adopt a standard methodology to be used in the testing of drinking water for microplastics. This standard could then be used for wider national/international regulation.
California SB-1263 Ocean Protection Council: Statewide Microplastics Strategy This law will help state develop long term stratgey for addressing concern. This strategy could potentially be applied on a much larger scale.
California SB-372 Single-use plastic products: extended producer responsibility Proposed legislation that would address extended producer responsibility for single-use plastic products, including collecting waste consisting of those products, the transport and treatment of those products, the costs of litter cleanup, and awareness-raising measures.
New York: AB 1549 Microfiber Clothing Label Requirements Proposed bill requires that no person, firm, partnership, association, limited liability company or corporation shall sell or offer for sale any new clothing made from fabric that is composed of more than 50% synthetic material without a conspicuous label that is visible to the consumer at the point of sale.
Connecticut H.B. 5360 (originally S.B. 341) An Act Concerning Clothing Fiber Pollution Proposed bill calls for creation of a working group with representatives from the clothing industry and environmental community, to develop a consumer education and awareness campaign and to report its recommendations to the Environment Committee.
KNOWLEDGE GAPS
There are a number of knowledge and research gaps within the field of microplastics. Further research is needed on the below topics, which will better inform future policy making.
- Short & long term individual, population and community level health effects due to microplastic and associated toxin exposure (inhalation+ingestion).
- What levels are ‘safe’ for drinking water, food, etc?
- What are effective techniques for capturing microplastic from indoor and outdoor air?
- How can microplastics be effectively removed from sewage sludge? In situ removal or before it reaches WWT?
- What are the various mechanisms for retrofitting waste water treatment (WWT) plant facilities for collecting microplastics?
- What is the best mechanism to prevent clothing and textile microplastics from entering the environment?
- Are clothing dryers a significant source of microfiber pollution? If so, how is this best prevented?
AVOID LOOPHOLES
Avoid loopholes by clearly defining all terms in policy. We suggest using GESAMP’s recommended definitions.
Loophole Prevention Guidelines for Microbead Legislation
by Fauna & Flora International
- Any definition of ‘microbeads’ must include all solid plastic ingredients smaller than 5mm used for any purpose (not just for exfoliation)
- There should be no lower size limit included in the definition
- The legislation should cover all products that are washed down the drain or are directly discharged into waterways or the marine environment; this includes a wide range of cosmetic and personal care products as well as cleaning products, make-up and industrial products*
- Legislation should not allow so-called ‘biodegradable’ plastics to be used as alternatives as these materials do not degrade in the marine environment and therefore are not a solution to the problem
- There should be a clear and prompt timeline for phasing out these ingredients, and a date after which products containing microplastics must not be sold
*Types of plastics added to personal care products
INDUSTRY PUSHBACK
Microplastic research is a young field without the strong foundation created through decades of research. Invariably, there are many unanswered questions pertaining to health and environmental impacts.
These knowledge gaps have emboldened industry and elected officials to resist (often costly) microplastic reduction regulation (e.g. labelling clothing containing synthetics, substitution of microbeads in consumer products) stating there is not enough evidence to justify action. Major players in the apparel industry have begun to make strides in addressing microfiber shedding, yet some critics state that the issue is being unfairly blamed on the industry.
Washing machine companies have not been overly vocal on microfiber pollution mitigation. Although some companies have joined the discussion, currently there are no industry-wide commitments to reduce microfiber pollution through product design. Some washing machine models have a built-in mechanism for trapping lint but there has been minimal focus on this technology.
There have been a number of start-up companies developing consumer products to reduce microfiber emissions through either retrofitting the machine or adding in a microfiber collector during washing. Companies include PlanetCare, Guppy Friend, Cora Ball, lint-luv-r, and Filtrol.
STAKEHOLDER TOOLS
STAKEHOLDER PROGRAMS
Stakeholder programs provide an opportunity for voluntary action by individual companies. They can help strengthen a company’s sustainability initiatives, improvements in environmental impacts, compliance with federal and state regulations, financial bottom line and reputation with consumers and within the community.
Microplastic specific programs can help a company get in front of what is proving to be a ubiquitous global pollutant. Global examples include:
Operation Clean Sweep (OCS) is an international programme to reduce plastic pellet loss to environment through engaging with industry and businesses.
Outdoor Industry Association (OIA) is a membership-driven trade organisation for the outdoor industry. They are dedicated to industry-wide collaboration in order to achieve meaningful change in recreation and trade policy, sustainable business innovation and increasing outdoor participation.
Ellen MacArthur Foundation (EMF) works with business, government and academia to build a framework for an economy that is restorative and regenerative by design. Their mission is to accelerate the transition to a circular economy.
REDUCTION GUIDELINES
Although microplastic emissions are still largely unregulated, there are a variety of tools available to help assist businesses, federal facilities and local governments reduce their emissions and move towards regulating microplastic pollution.
For example, Fauna & Flora International developed a Microbeads Guidance Document on improving corporate ingredient policies and/or regulatory measures to effectively prevent sources of microplastic pollution. This states that a corporate commitment to remove microplastic ingredients should include:
- Restriction of all microplastic ingredients
- Application to all ‘down the drain’ products
- No exemption for non-marine-tested synthetic solid ingredients
- No exemption for plastic ingredients below a certain size
- Implementation within an ambitious timeframe
- Application to all brands in a company’s portfolio
- Application to all future formulations of products
RESEARCH TOOLS
We suggest GESAMP’s guidelines below as best practice for research methodology. As technologies advance and experience is gained, guidelines may need to be revised.
- 2019 Guidelines for the Monitoring and Assessment of Plastic Litter in the Ocean
- Sampling Methods
- Methods for Marine Litter Characterization
FIELD METHODOLOGIES
- Marine Debris Shoreline Survey Field Guide NOAA
- Toolkit for assessing microplastics pollution through volunteer engagement Adventure Scientists
- A review of and links to various microplastics field methodologies
- Trawl for Plastic Protocol 5Gyres
OTHER RESOURCES
CAMPAIGNS
Examples of existing microplastic campaigns to learn from and/or get involved with.
Take Action: Microbeads 5Gyres: Pledge to go #PLASTICFREE
Beat the Microbead Plastic Soup Foundation: An international campaign against microplastic ingredients in cosmetics
Ocean Clean Wash Plastic Soup Foundation: A campaign tackling microfiber release from synthetic clothing into ocean
Rethink Plastic Rethink Plastic Alliance: A campaign working with European decision-makers to design and deliver policies solutions for reduction, redesign and better management of plastics
#BePlasticWise Ocean Wise: Pledge to #BePlasticWise
End Plastic Pollution Earth Day Network: A campaign focused on fundamentally changing human attitude and behavior about plastics and catalyzing a significant reduction in plastic pollution
Stop Plastic Microfiber Pollution Story of Stuff: A petition demanding that clothing companies take responsibility for microfiber pollution
*CLICK HERE to learn more about each campaign’s resources and impact*
TALKING POINTS
A brief overview of talking points about microplastics. VIEW FULL LIST of talking points linked to peer-reviewed articles.
- Microplastic pollution is ubiquitous in our environment
- Microplastic is in our air, drinking water, salt, beer, fish we eat and agricultural soil
- Microplastics are toxic
- Microplastics meet the classification criteria proposed for Persistent Organic Pollutants (POPs)
- Microplastics are harmful to the environment & animals
- Microplastics can be harmful to humans
- Further research is needed to better understand human health implications
- Source reduction is the most effective solution
- Microplastics pollution is an international issue
- There are relatively easy availability of non-synthetic alternatives
- It’s not as simple as just removing the plastics that we can see
- Incineration is not a good solution
- Bioplastics are not the solution and should be approached with caution
INTERNATIONAL INSTRUMENTS
There are many regional, national, and international strategies aimed at preventing and mitigating plastic pollution, and while none are specific to microplastics, each of them is designed to reduce microplastics pollution. Unfortunately, none have a level of commitment that scales with the global magnitude and accelerating growth of the problem.
A major issue is that many of these do not have a binding commitment to reach goals and do not have strict mechanisms for enforcement. Not all countries are signatories and many times some aspects are outdated. Policies are cumbersome and slow to be effective and require funding.
Also, these conventions focus only on the marine environment, missing the large amount of pollution which comes from land and freshwater systems. To date, these have been ineffective in regulating, monitoring, reducing or stopping microplastic pollution.
OTHER TOOLKITS
Check out additional online toolkits and guides to support policy work.
Rise Above Plastics Toolkit – Surfrider Foundation: A step by step guide focused on establishing local ordinances aimed at reducing single-use plastics and offers insight on increasing awareness of plastic pollution issues through education and outreach.
Marine Litter Legislation: A Toolkit for Policymakers – UNEP: The toolkit shows why most legislation targets marine litter at source, rather than the resulting waste. includes recommendations on mapping and reviewing regulatory frameworks, documenting and sharing experience, and providing grace periods when introducing legislation.
Microfiber Toolkit – Roisin Altreuter: A resource guide for understanding and tackling the problem of plastic microfiber pollution in communities.
Making Waste Work: A Toolkit Community Waste Management in Low and Middle Income Countries – Wasteaid: Provides essential information to help you set up community-led waste management systems and small recycling businesses.
Plastic Pollution Primer and Action Toolkit – Earth Day Network: Assess your current consumption of plastics and determine how you as an individual can lower your own plastic pollution impact.
View full list of external toolkits with overview of contents for each
PUBLICATIONS
Additional reports and studies worth reading
Themed Collection of Reports on Microplastics in the Environment highlighting the outstanding work in microplastics analysis and provides insight into this emerging and important area of research. The overarching goal for this compilation of work to help guide and/or facilitate the harmonization, rather than standardization, of methods so that data can be useful at different scales – e.g., locally, globally and across disciplines.
Freshwater Microplastics Emerging Environmental Contaminants? A recommended book for download, which reviews current state-of-research on microplastics in rivers and lakes, including analytical aspects, environmental concentrations and sources, modelling approaches, interactions with biota, and ecological implications. A solid overview for environmental chemists, engineers, and toxicologists, as well as water managers and policy-makers.
