Audrey Cho, one of our Epic Fellows on the Open Innovation team created this landscape that lays out some of the legislation, policies, and regulations surrounding different types of plastic around the world. This landscape is a resource for applicants to the Microfiber Innovation Challenge and anyone interested in better understanding policy-related efforts to curb plastic pollution.
Through this research I aimed to understand the legislative and policy approaches that incentivize innovation across the plastics value chain on the international level as well as within the United States. Based on my research, I concluded that while there are some incentive programs in the plastics space, they are largely focused on providing funding for further research and standards setting, and often center around improving macroplastic management and recycling infrastructure. According to a recent report by the PEW Charitable Trusts, “there are currently few policy incentives to encourage the adoption of alternative materials, delivery models, or end-of-life technologies” when it comes to plastic. There is a distinct opportunity for policymakers and government bodies to support upstream innovations that mitigate the long-lasting impacts of plastic pollution, and especially those that target the sources of microplastics and synthetic fiber pollution. Additional tools, policies, and actions to incentivize innovation throughout the plastics life cycle are necessary in order to protect our environment from further plastic release and contamination.
Adopted in 2018, the EU strategy for plastics is a part of a larger circular economy action plan and European Green Deal and it aims to protect the environment, reduce marine litter, and curb the dependence on fossil fuels.
Main laws include:
2015 directive on plastic bags to reduce the consumption of lightweight plastic carrier bags (carrier bags with a wall thickness below 50 microns)
2019 directive on single use plastics - stated in here that “Microplastics do not fall directly within the scope of this Directive, yet they contribute to marine litter and the Union should therefore adopt a comprehensive approach to that problem”
2020 amendment - Delegated regulation on plastic waste shipments - The new rules ban the export of plastic waste from the EU to non-OECD countries, except for clean plastic waste sent for recycling. Exporting plastic waste from the EU to OECD countries and imports in the EU will also be more strictly controlled.
In 2019, The European Chemicals Agency (ECHA) proposed wide-ranging restrictions on microplastics in products such as fertilizers, cosmetics, and cleaning products on the EU market. This regulation is considered to be the broadest restriction of intentional uses of microplastics and, if adopted, “is estimated to reduce the emission of intentionally added microplastics in the environment by at least 500,000 tonnes over the next 20 years.” EU members are expected to vote on this regulation in 2021, and if adopted, microplastics in many new products would be forbidden under the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) regulation.
Signed in 2001 and in action by May of 2004, The Stockholm Convention is a global treaty addressing the human health and environmental impacts of Persistent Organic Pollutants (POPs). The Convention currently regulates 35 POPs by requiring that parties take measures to either eliminate, restrict, or reduce the unintentional release of listed chemicals. The chemicals themselves fall into the three categories of pesticide, industrial chemical, and unintentional production. The Convention has 152 signatories and while the United States signed in 2001 it has yet to ratify.
Passed in February 2020, this law aims to move French society from a linear to a circular economy. This law sets the goal of recycling 100% of plastics by 2025 and the end of single-use plastic packaging by 2040. Most notably, this law requires that all washing machines made after January 2025 must be fitted with a microfiber filter. France is the first country to take legislative action against plastic microfiber pollution.
Microbeads, which are generally defined as plastic particles less than or equal to 5mm in size and intentionally added to consumer products, have been regulated by roughly 7% of countries. Microbeads can vary in chemical composition, size, and density, and are present in many cosmetic and household products due to their exfoliating properties. Further information on regulatory approaches to microbead importation, manufacture, and sale can be found in Legal Limits on Single-Use Plastics and Microplastics: A Global Review of National Laws and Regulations by the United Nations Environment Programme (UNEP).
To date, roughly 66% of countries have enacted some sort of legislation to regulate plastic bags, usually in the form of a ban or restriction on the manufacture, production, importation and/or retail distribution of the bags. In 2002, Bangladesh was the first country to impose a ban on lightweight plastic bags, usually made from low-density polyethylene (LDPE). According to a report by the United Nations Environment Programme, only a few countries— including The Marshall Islands, Afghanistan, Bhutan, and Côte d’ Ivoire—have imposed total restrictions or bans of any type of plastic bag without exception.
See the Global Plastic Ban Matrix for a map of further regulations on plastic bags, disposable cutlery, cups, water bottles, plastic caps and lids, styrofoam, microbeads, and Extended Producer Responsibility.
Under the UK’s 2021 Finance Bill, legislation was introduced to establish a Plastic Packaging Tax for any plastic packaging produced in or imported to the UK. Seeing as the tax does not apply to any plastic packaging containing at least 30% recycled plastic, the government is hopeful that it will incentivize diversion of plastics away from landfills and further use of recycled materials.
Adopted in 2015, the UN Agenda for Sustainable Development put forth 17 sustainable development goals (SDGs) and 169 targets, which work along economic, social, and environmental axes. Targets within SDGs 6, 11, 12, and 14 address marine plastic pollution:
Target 6.3 on improving water quality by reducing pollution, dumping, and release of hazardous chemicals and materials
Target 11.6 on reducing the environmental impact of cities, especially in regards to air quality and municipal and other waste management
Target 12.4 on management of chemicals and waste throughout their life cycle
Target 12.5 on reducing waste generation through prevention, reduction, recycling, and reuse
Target 14.1 on significantly reducing marine pollution and marine debris by 2025
The United Nations Environment Assembly (UNEA) is the world’s highest level decision-making body on environmental matters and comprises 193 member states. There are five UNEA resolutions that concern the microplastics issue:
2014 UNEA Resolution 1/6: Marine Plastic Debris and Microplastics - The issue of marine litter and microplastics are highlighted at the inaugural assembly and comprehensive action on marine plastic pollution is called for.
2016 UNEA Resolution 2/11: Marine Plastic Litter and Microplastics - Recognizes marine litter as a growing threat and encourages the development of definitions, terminology, and compatible standards and methods for the monitoring and assessment of marine plastic debris and microplastics.
2018 UNEA Resolution 3/7: Marine Litter and Microplastics - Encourages national action and international cooperation and establishes an ad-hoc working group to further explore solutions to marine plastic pollution.
2019 UNEA Resolution 4/6 Marine Litter and Microplastics - Calls upon member states and stakeholders at the local, national, regional, and international levels to use a life cycle approach to address marine plastics. Extends the ad-hoc working group until UNEA’s fifth session.
2019 UNEA Resolution 4/7 Addressing Single-use Plastic Products Pollution - Encourages member states to take comprehensive action against single-use plastic products and offers technical and policy support during the development and implementation of those national or regional action plans.
In 2019, the WHO released a report on microplastics in drinking-water and the potential risks to human health that may be associated with microplastic exposure. The need for this report was established by the WHO Guidelines for Drinking-water Quality (GDWQ) chemical working group. This report suggests that while there aren’t any current apparent health impacts from exposure to microplastic particles, further studies may reveal otherwise.
The Organisation for Economic Co-operation and Development (OECD) prepared a report called “Considerations and Criteria for Sustainable Plastics from a Chemicals Perspective” in preparation for the 2018 “Global Forum on Environment focusing on Plastics in the Circular Economy – Sustainable Design of Plastics from a Chemicals Perspective” in Copenhagen, Denmark. This report centers on the following Principles of Green Chemistry and Engineering and OECD’s 2010 Policy Principles for Sustainable Materials Management: 1) Design systems holistically and use life cycle thinking, 2) Maximize resource efficiency, and 3) Eliminate and minimize hazards and pollution.
A key outcome of the Fifth International Marine Debris Conference held in May of 2011, The Honolulu Strategy is a framework for a comprehensive and global effort to reduce the ecological, human health, and economic impacts of marine debris globally. It has served as a planning tool and frame of reference when developing and refining marine debris programs.
Amended in 2013, Annex V, “Regulations for the Prevention of Pollution by Garbage from Ships,” prohibits the discharge of garbage into the sea unless specified otherwise. Annex V from the International Convention for the Prevention of Pollution from Ships (MARPOL) totally prohibits discharge of plastics anywhere into the sea. More than 150 countries are signatories of MARPOL Annex V.
In 2018, the Marine Environment Protection Committee (MEPC) at the International Maritime Organization released an action plan to enhance existing regulations and introduce new measures regulating marine plastic litter. In 2019, the International Maritime Organization (IMO) and the Food and Agriculture Organization of the United Nations (FAO) launched the GloLitter project, which aims to help shipping and fisheries in developing countries prevent and reduce marine litter. A total of 30 countries from 5 regions—Asia, Africa, the Caribbean, Latin America and the Pacific—have signed on to the GloLitter project.
In 2019, The Basel Convention identified “further actions to address plastic waste under the Basel Convention.” The Basel convention was designed to reduce the movements of hazardous waste, particularly from developed to developing nations.
In 2019, the European Centre for Ecotoxicology and Toxicology of Chemicals (ECETOC) Polymers Task Force developed a technical report to provide basic guiding principles for assessing the threats that polymers pose to human and ecological health. This technical report includes: 1) A conceptual framework for polymer risk assessment, mapping polymer types and their life cycles and associated environmental and human health protection goals; and 2) An approach for the grouping of polymers during risk assessment.
During the 2017 summit in Germany, the G20 released an action plan to prevent and reduce marine litter of all kinds, including “from single-use plastics and micro-plastics.” This action plan lays out an operational framework with 7 areas of focus. In 2019, the G20 summit in Japan released the “G20 Implementation Framework for Actions on Marine Plastics Litter” in order to further facilitate actions around marine litter and microplastics.
Horizon 2020, the biggest EU Research and Innovation program with nearly €80 billion of funding available from the years 2014 to 2020, had a work programme dedicated to supporting a range of technologies underpinning innovation. This program, called the Leadership in Enabling and Industrial Technologies (LEIT), designated four Key Enabling Technologies (KETs) to focus on which included nanotechnologies, advanced materials, advanced manufacturing and processing, and biotechnology. Universities, research institutions, small and medium-sized enterprises, and larger enterprises were encouraged to apply and a wide range of support was available for projects at varying technology readiness levels (TRLs). The purpose of this program was to fund outcome-oriented projects, bring solutions closer to market, and facilitate industrial and commercial implementation.
Another program in Horizon 2020 was Fast Track to Innovation, a measure to reduce time from idea to market and stimulate private sector investment in close-to-market innovation activities focused on technology. This program had a budget of €300 million to be awarded to proposals with strong business plans and a high degree of novelty and impact. FTI was implemented across the LEIT program as well as the Horizon 2020 “societal challenges.”
Passed in September of 2015, the microbead-free waters act prohibits the manufacturing, packaging, and distribution of rinse-off cosmetics containing plastic microbeads. This act defines “plastic microbead” as any solid plastic particle that is 5mm or less in size and intended to be used to exfoliate or cleanse the body or any part of the body. Currently, this is the only federal ban on single-use plastics in the United States.
In 2006, Congress authorized the establishment of the National Oceanic and Atmospheric Administration (NOAA) Marine Debris program to “help identify, determine sources of, assess, reduce, and prevent marine debris and its adverse impacts on the marine environment and navigation safety, in coordination with non-Federal entities, and for other purposes.” This act was amended in 2012 and 2018, and most recently was reauthorized for four more years through the Save our Seas Act of 2018.
Introduced in April 2021 by Reps. Haley Stevens (M-11) and Anthony Gonzalez (OH-16), this bill calls on the Federal government to improve the United States plastics recycling industry and encourage innovation to address the plastic waste crisis. H.R 2821 was introduced after Congresswoman Stevens launched the Congressional Plastics Solutions Task Force in 2019 and convened the first Science Committee hearing about recycling in a decade. The Plastic Waste Reduction and Recycling Research Act directs the Federal government to:
- Establish a plastic waste reduction and recycling R&D program
-Develop a strategic plan for plastic waste reduction
Create comprehensive standards for plastics recycling technologies
-Support research on improved recycling technologies, plastic waste remediation, and the public health impacts of microplastics
Reintroduced in March of 2021, this bill would “amend the Solid Waste Disposal Act to reduce the production and use of certain single-use plastic products and packaging, to improve the responsibility of producers in the design, collection, reuse, recycling, and disposal of their consumer products and packaging, to prevent pollution from consumer products and packaging from entering into animal and human food chains and waterways, and for other purposes.” This is the single most aggressive US nationwide bill tackling plastics to ever be proposed.
In February of 2021, over 250 environmental organizations alongside U.S. PIRG (Public Interest Research Group) presented 13 key recommendations that could be included in a stimulus package, infrastructure bill, and/or climate legislation. Among many other recommendations they propose allocating $150 million for public facilities, education centers and protected areas to shift to reusable products; $6 million to eliminate all single-use plastics at national parks and install water refill stations; and $1 million to reduce single-use plastic in the Capitol and legislative offices.
A coalition of convening and endorsing partners and environmental organizations that have identified 8 priority actions that President Biden can take against the plastic pollution crisis without Congress. These actions include: 1) Use the purchasing power of the federal government to replace single-use plastics with reusable alternatives, 2) Suspend/deny permits for new or expanded plastic production projects, 3) Make corporate polluters pay and reject false solutions, 4) Advance environmental justice in petrochemical corridors, 5) Update federal regulations to curtail pollution from plastics facilities, 6) Stop subsidizing plastic producers, 7) Join multilateral agreements to address global plastic pollution, and 8) Reduce discarded and lost fishing gear or “ghost gear.”
The “Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science” or COMPETES Act was signed into law in 2007 and reauthorized in 2010 to coordinate federal programs, activities, and funding in support of STEM-related education and early-stage research and development. This act also established the Advanced Research Projects Agency-Energy (ARPA-E) and allowed federal agencies such as NSF, DOE, NASA, and NOAA to use prize competitions to spur innovation.
The Department of Defense (DOD) Rapid Innovation Fund (RIF) was established in 2011 and ran through 2019 with the overarching goal of transitioning innovative technologies into fielded operational capabilities or defense acquisition programs. The RIF worked to fund specifically late-stage technologies from small businesses, and had a budget of $250 million.
In May 2021, the Department of Energy (DOE) announced an investment of up to $14.5 million in research and development for economically viable solutions to reduce single-use plastic waste and increase recyclable and biodegradable plastic products. This investment is overseen by the Advanced Manufacturing and Bioenergy Technologies offices within DOE’s Office of Energy Efficiency and Renewable Energy.
The Small Business Innovation Research (SBIR) program through the National Science Foundation (NSF) provides startup funding to small companies and new entrepreneurs with high-risk and high-impact ideas. They fund along a wide range of technology topic areas, including:
Advanced manufacturing - Aims to support innovations that improve the efficiency, competitiveness, and sustainability of manufacturing processes. Includes categories such as “bio-inspired manufacturing” and “sustainable manufacturing and circular economy technologies.”
Advanced materials - Addresses the development of new materials with a broad range of applications. Includes a “coatings and surface modifications” category as well as a “materials for sustainability” category.
In an open letter to President Biden in February of 2021, over 60 brands, experts, and organizations called for the appointment of a high level advisor or “czar” who could coordinate and advocate for policy in the fashion industry and address its environmental, labor, health and domestic production issues.
Powered by 52HZ, the Tom Ford Plastic Innovation Prize aims to incentivize the development and adoption of thin-film plastic alternatives. This prize offers $1.2 million and 3 years of follow-on support for finalists with ideas for scalable, biologically-degradable polybag and other single-use plastic bag replacements.
In 2014, California became the first state to impose a statewide ban on single-use plastic bags at large retail stores. Nine other states— Connecticut, Delaware, Hawaii, Maine, New York, Oregon, New Jersey, Washington and Vermont—have also banned single-use plastic bags. There have also been over 500 local plastic bag ordinances adopted in 28 states. Unfortunately, many states also have preemption laws, which block municipalities from adopting local plastic reduction legislation. A more detailed chart of enacted plastic bag state legislation is available at the National Conference of State Legislatures.
In response to Senate Bill No. 1422, the State Water Resources Control Board (State Water Board) proposed a definition of microplastics in drinking water. The State Water Board defines microplastics in drinking water as “solid polymeric materials to which chemical additives or other substances may have been added, which are particles which have at least three dimensions that are greater than 1nm and less than 5,000 micrometers (µm).” Senate Bill No. 1422 requires the State Water board to standardize analytical methods for microplastics by July of 2021, and then provide recommendations to California around health-based guidelines for microplastics in drinking water as they embark on a 4 year drinking water testing program.
California is working to enact AB 125 which would put $3 billion in borrowed bonds towards financing climate-resilient programs, creating regional fiber economies, and supporting agricultural professionals. If approved by the legislature, the proposal would go on the 2022 state ballot.
Developed by the National Oceanic and Atmospheric Administration (NOAA) Marine Debris program and the California Ocean Protection Council, the 2018 Ocean Litter Prevention Strategy will provide guidance for addressing ocean litter in California through the year 2024. Over the next 6 years, the Ocean Protection Council will work on 3 goals relating to 1) land-based ocean litter, 2) microplastics and microfibers, and 3) fishing and aquaculture gear.