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President Obama signed the Microbead-Free Waters Act of 2015 on December 28, a clear victory for clean water and NACWA. The law bans the manufacture of rinse-off cosmetic products containing plastic microbeads after July 1, 2017, and prohibits the sale of these products after July 1, 2018. The House of Representatives unanimously passed H.R. 1321  on December 7, followed by Senate approval on December 18. NACWA strongly supported this legislation throughout the process as part of its Toilets Are Not Trashcans campaign, which focuses on keeping inappropriate products and unnecessary product additives out of sewer systems to protect water quality and the pipes, pumps, plants, and personnel of the nation’s wastewater utilities.

This Advocacy Alert provides background information about the microbead ban and NACWA’s ongoing advocacy related to consumer products through the Association’s Toilets Are Not Trashcans campaign. Please contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it if you have any questions.

Background

Plastic microbeads are used as in personal care products, including skin cleaners and toothpaste. However, microbeads have caused concern among clean water advocates because they are difficult to remove during typical wastewater treatment processes and can pass through treatment plants and into waterways, causing harm to aquatic life and ecosystems. Natural alternatives can be easily substituted for plastic microbeads in cleansing and exfoliating products to eliminate microbead pollution at its source.

Prior to passage of the Microbead-Free Waters Act of 2015, many major personal care product manufacturers had voluntarily agreed to phase out plastic microbeads and many states and counties had already passed or considered bans on products containing microbeads. The state efforts were discussed through the NACWA Clean Water Exchange, which provided an opportunity to coordinate state and national advocacy on the issue. The federal legislation will ensure that all U.S. waters are protected from microbead pollution, and on a more aggressive schedule than many of the state and local laws. Because of this aggressive schedule and the more inclusive nature of the federal legislation – addressing toothpastes and rinse-off cosmetics – the state preemption provision in the federal law is not expected to interfere with any of the existing state or local laws. The federal law also includes “biodegradable” plastic microbeads in the ban, eliminating a loophole found in some state laws that only banned “synthetic” plastic microbeads.

NACWA Advocacy Continues

Through its Toilets Are Not Trashcans campaign, NACWA will continue its advocacy to reduce harmful products that are flushed or drained into the sewer system. The campaign has focused non-dispersible products, such as wipes, as well as potentially harmful ingredients in consumer products. In addition to supporting the federal legislation to ban microbeads, NACWA has also supported regulatory changes to ensure the proper disposal of unused pharmaceuticals, eliminate the antibacterial agent triclosan from soaps and other personal care products, and ensure the safety of approved nanomaterials for utilities and the aquatic environment. Information about the Toilets Are Not Trashcans advocacy campaign is available at www.nacwa.org/toilets. Please contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it with questions or input about this campaign.