Jenner & Block

EPA Lacks Authority to Regulate Plastic Microbeads in Water

Grayson photoBy E. Lynn Grayson

Tiny microbeads are introduced everyday into waterways from many personal care products and over the counter drugs. The plastic microbeads (often made of polyethylene or polypropylene) are recent additions in facial scrubs, soaps, toothpastes and other personal care products as abrasives or exfoliants. A single product may contain as many as 350,000 of these nanoparticles. Last week, EPA’s Janet Goodwin, Chief of the EPA Office of Wastewater’s Technology and Statistics, confirmed again that EPA lacks regulatory authority under the Clean Water Act to  regulate consumer use of plastic microbeads entering wastewaters, despite growing concern over impacts to the environment.

According to Ms. Goodwin, most of the plastic microbeads that are found in wastewater effluent come from consumer use. The EPA only has authority to regulate plastic microbeads that enter wastewater from industry, either through effluent guidelines or pretreatment standards.

TAGS: Cercla, Climate Change, Consumer Law and Environment, FIFRA, Hazmat, Sustainability, TSCA, Water