Microplastics Update

Background

Microplastics are small pieces of plastic, typically less than 5mm in size, that result from the release of a product containing intentionally added microplastics and/or the degradation of substrates containing plastics, including the decomposition of coatings. After they are discharged to the environment, microplastics present a potential health risk to marine animals and terrestrial ecosystems.

Since 2015, there has been an increasing focus on microplastics, given possible effects on the marine environment. In 2016, several U.S. states passed legislation banning the sale of products containing plastic microbeads in the personal care products.

In September 2023, the European Union adopted into REACH the EU Restriction on Intentionally Added Synthetic Polymer Microparticles which restricts the use of intentionally added added “synthetic polymer microparticles” also known as microplastics. The EU’s definition of a synthetic polymer microparticles includes intentionally added polymer particles below 5 mm and fibre-like particles below 15 mm. The regulation also includes criteria for permitted test methods to identify if the polymers are degradable, which are excluded from the scope of the restriction. Industrial products are also excluded from the scope of this restriction. While the European regulation will likely not restrict coatings due to the derogations set forth in the restriction, the regulation will still impact the paint and coatings industry by imposing labeling and reporting requirements on products that have the capacity to release or degrade into microplastics. The regulation allows transition periods between four and 12 years for specified products. ACA is monitoring this issue through the World Coatings Council by participating in CEPE’s Microplastics Task Force, and Marine microplastics work groups. CEPE, the European Council of the Paint, Printing Ink and Artists‘ Colours Industry, recently released a guidance document on the restriction, outlining how it will likely impact the paint and coatings industry. In addition, CEPE is conducting two research projects on microplastics in facade and marine coatings. ACA is actively involved in supporting CEPE with these projects, as it will provide our industry with much needed data on microplastics in paints and coatings.

In 2022, ACA completed a comprehensive literature review to identify the scientific state of knowledge of coatings-related microplastics in order to better understand the existing scientific landscape and develop microplastics advocacy positions. The Microplastics Literature Review included an analysis of 36 key documents and studies related to microplastics and paints and coatings. This work has been instrumental in preparing ACA and the World Coatings Council (WCC) for advocacy efforts regarding microplastics and has helped the coatings industry respond to studies that misrepresent the industry’s contribution to microplastics pollution. In the intervening years, the discussion and debate centering on microplastics has only increased.

In light of this increased activity, ACA has begun the process of updating this research and identify key documents, and create a state of the science report regarding any new findings. Similar to the first iteration, this new report will focus on six proposed questions regarding the human health and environmental impacts of paint and coatings-related microplastics. In addition to expanding the literature, a bibliometric evaluation will be completed. The goal of this task is to evaluate the potential impact of recent literature and information such as the number of times a publication has been cited, and the impact factor of the publishing journal. The bibliometric analysis will capture the 36 key documents identified in the first report, as well as any newly identified key documents. After the new key documents have been identified, a “state of the science” report will be developed to highlight key data gaps and identify scientific progress. ACA anticipates that the updated Microplastics Literature Search will be available in Fall 2024.

The WCC’s Antifouling Coatings Committee Microplastics Work Group is monitoring the IMO’s Action Plan to Address Marine Plastic Litter from Ships which has mentioned microplastics as a source of plastics pollution. At the most recent Marine Environmental Protection Committee (MEPC) meeting, a report titled “Report on the review of the terms of reference for the IMO Study on marine plastic litter from ships” was shared and microplastics from ship surface coatings was listed as a data and knowledge gap. The IMO would like to fill those knowledge gaps to assist in their goal to estimate the contribution to marine plastic litter (macro and microplastics) by all ships. The WCC has been actively participating in the Marine Plastic Litter Work Group at the recent Pollution, Prevention, and Response (PPR) meetings. WCC will continue to monitor this issue at upcoming meetings and participate in efforts relating to marine microplastics including the maritime transport of plastic pellets issue and the development of in-water cleaning standards to limit microplastics release from anti-fouling coatings.

The state of California has several ongoing efforts to research and limit microplastics release into the marine environment. The California State University System awarded a 2 year grant to San Diego State University and CSU San Marcos to conduct microplastics research designed to directly support the State of California’s needs for scientific information to support decision-making to address the risk to both humans and wildlife. In August, 2022, the California State Water Resources Control Board put forth a Policy Handbook Establishing a Standard Method of Testing and Reporting of Microplastics in Drinking Water. Two methods of testing were included in the handbook, FTIR and Raman spectroscopy. In response to growing concerns regarding microplastics pollution, the Ocean Protection Council (OPC) was required by statute to develop a strategy to address microplastics. The final Statewide Microplastics Strategy was published in early 2022 and includes 22 recommendations to reduce and manage microplastics. On March 21, 2024, CA AB 2214 was introduced into the legislature. This bill would require OPC to establish and lead an interagency coordination group to identify and recommend statutory changes that are needed to implement the recommendations described in the Statewide Microplastics Strategy on or before March 1, 2025. In addition, the OPC shall adopt a work plan outlining who within the interagency coordination group will implement the recommendations on or before December 1, 2025. It is important to note that in the 2022 Statewide Microplastics Strategy the original language for the first recommendation included paints: “Expand the microbead ban to include microplastics that are intentionally added to specific consumer products, such as cosmetics, household and industrial detergents, cleaning products, and paints by 2023.” The reference to paint has been removed in the bill language. While the current bill does not include any direct language on paints or coatings, the 2022 Statewide Microplastics Strategy still contains references to paint. As such, ACA will continue to track this bill and activities relating to the CA Statewide Microplastics Strategy.

In January 2020, the Canadian Minister of Environment and Climate Change Draft Science Assessment of Plastics Pollution and made a commitment to ban harmful single-use plastics as soon as 2021. Further, in October 2020, proposed an ‘Order’ designating ‘plastic products’ toxic on Schedule 1 of the Canadian Environmental Protection Act. Two methods have been developed for this process and have been validated.

ACA Action

The World Coatings Council, the WCC Antifouling Coatings Committee Microplastics Work Group and the ACA Plastics Work Group will work together to monitor the changes in domestic and international regulations involving microplastics and respond appropriately.

ACA Staff

Heidi McAuliffe
Senior Vice President, Government Affairs

Katherine Berry
Director of Sustainability & Environment