Federal and State Efforts to Address Synthetic Microfiber Pollution from Textiles

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Microplastics, plastics less than 5 millimeters in length, are becoming a growing concern due to their ubiquity and persistence in the environment and potential effects on ecological and human health.  A 2017 publication by the International Union for Conservation of Nature and Natural Resources suggests that between fifteen and thirty-one percent of plastics in the oceans could be from microplastics directly released into the environment, also known as primary microplastics.  The publication further suggests that microfibers from the laundering of synthetic textiles make up the largest proportion, around one third, of the primary microplastics in the oceans.

One significant pathway by which synthetic microfibers enter the environment is the washing of textiles made from plastic-like materials like polyester.  When textiles are washed, detached microfibers enter the wastewater and may pass through wastewater treatment plants to surface waters or get incorporated into biosolids that get applied to land.  Microfibers from textiles may also be released during the textile production process, from general consumer use, from drying machines, and from landfills and incineration. 

Given the growing concerns surrounding microplastics pollution and the significant proportion of this pollution that comes from synthetic microfibers in textiles, entities in the textile, laundry, wastewater treatment, agricultural, and disposal industries should closely follow and consider participating in efforts to better understand and reduce microplastics pollution.  Such efforts may eventually inform laws and regulations that target these entities.  Federal and state efforts that address synthetic microfiber pollution are discussed below.

Federal Efforts

Federal efforts have taken the form of plans and priorities to better understand and address microplastics pollution, with some discussion of policies and regulatory tools that may be used to reduce same. 

In 2020, Congress passed the Save Our Seas 2.0 Act, which required the Interagency Marine Debris Coordinating Committee to submit to Congress a report on microfiber pollution that includes, among other things, recommendations for reducing microfiber pollution and a plan for how federal agencies can lead the reduction effort.  The U.S. Environmental Protection Agency’s (EPA) Trash Free Water Program and National Oceanic and Atmospheric Administration’s (NOAA) Marine Debris Program coordinated the development of this report, submitted to Congress in 2022. 

The report proposed that microfibers be defined as “solid, polymeric, fibrous materials to which chemical additives or other substances may have been added, and which have at least two dimensions that are less than or equal to 5 mm, length to width and length to height aspect ratios of greater than 3, and a length of less than or equal to 15 mm.  Fibers that are derived in nature that have not been chemically modified (other than by hydrolysis) are excluded.”  The report noted that this definition can serve as a starting point for building consensus around a standard definition that could be adopted by the U.S. Government.

The report recommended that standardized and harmonized methods for microfiber research be established.  It then proposed solutions for reducing microfiber pollution, including better understanding and reducing microfiber emissions from the textile manufacturing process, designing or constructing textiles that shed fewer or no fibers, and capturing and disposing of the microfibers in washing machines’ effluent.  

The report recommended that stakeholders consider the applicability of existing policies to address microfiber pollution (e.g., the Clean Water Act, Safe Drinking Water Act, etc.) and assess the potential effectiveness of new policies such as Extended Producer Responsibility programs, new standards for textiles and other sources of microfiber pollution, or regulations targeting major pathways of microfiber pollution.  The federal plan accompanying the report suggested that textile mill effluent guidelines be reviewed to evaluate the need for revised effluent limits for microfiber discharges and identify any pollution prevention practices for textile manufacturing facilities.

In April 2023, the EPA issued its Draft National Strategy to Prevent Plastic Pollution, which provides voluntary actions that can be implemented in the United States aimed at eliminating the release of plastic waste from land-based sources by 2040.  One of the objectives identified in the draft strategy is to prevent microplastics from entering waterways.  Of relevance to synthetic microfibers specifically, the EPA notes that technologies to reduce microplastics discharged from commercial and residential washing machines should be explored.  The EPA also plans to increase and coordinate research that will support the development of best management practices and technologies to remove microplastics (and microfibers) from wastewater and stormwater, as well as identify definitions for microplastics and standardized methods for collecting, extracting, quantifying, and characterizing them.  The EPA is currently reviewing the comments received on the draft strategy.

In May 2023, the Attorneys General of fifteen states and the District of Columbia sent a letter to the EPA and NOAA urging a more robust federal response to address microfiber pollution.  

State Efforts

California is leading the way when it comes to addressing microplastics pollution with some additional movement in Connecticut, New York, and Oregon.  Successful state efforts have sought to better understand and educate the public regarding microplastics pollution.  Other state efforts have targeted the apparel and laundry industries and sought to require labeling on synthetic clothing and the installation of microfiber filtration systems on washing machines.

California

In 2018, the California legislature passed Senate Bill 1422.  This bill required the State Water Resources Control Board (State Board) to adopt a standard methodology to be used in the testing of drinking water for microplastics and adopt requirements for four years of testing and reporting of microplastics in drinking water, including public disclosure of the results.

In 2020, the State Board adopted a definition of microplastics in drinking water.  Under the State Board’s definition, microplastics in drinking water are “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 1 nm and less than 5,000 micrometers (µm).  Polymers that are derived in nature that have not been chemically modified (other than by hydrolysis) are excluded.” In 2022, the State Board released a policy handbook to implement Senate Bill 1422’s requirements.  

In addition to the State Board’s ongoing efforts to monitor microplastics in drinking water, several unsuccessful bills targeting the apparel and laundry industries have been proposed. 

Assembly Bill 2379 (introduced in 2018) would have required clothing made from fabric that is more than 50 percent polyester to have a label stating: “This garment sheds plastic microfibers when washed.  Hand washing recommended.”  Assembly Bill 129 (introduced same year) would have required the State Board to identify best practices for clothing manufacturers to reduce the amount of microfibers released into the environment.  The bill also would have required entities conducting laundry services to install a filtration system to capture microfibers shed during washing.

Assembly Bill 622 (introduced in 2021) would have required all washing machines sold as new in California after 2024 to contain a microfiber filtration system with a mesh size of 100 microns or smaller.  Assembly Bill 802 (introduced same year) would have required entities that operate industrial, institutional, or commercial laundry facilities to adopt the use of best available control technology to capture microfibers that are shed during washing.  None of the above-mentioned bills passed.

In 2023, the California legislature was able to pass Assembly Bill 1628, which would have required certain new washing machines sold in California after 2029 to contain a microfiber filtration system.  The bill stated that “[w]hile interventions to address microfiber pollution are needed across the full life cycle of synthetic textiles, filtration technologies provide a critical and near-term solution to reduce the amount of microfibers released into California’s lands and waters.”

However, this bill was vetoed by Governor Gavin Newsom due to concerns that the bill would “increase costs to consumers in advance of further research being completed establishing the public policy rationale and details for new residential requirements.” 

In 2022, the Ocean Protection Council approved California’s Statewide Microplastics Strategy, which provides a multi-year roadmap for California to take a national and leadership role in managing microplastics pollution. The strategy notes that developing fiber fragmentation and/or shedding standards for textiles and textile product labeling requirements are topics that should be considered when investigating pollution reduction pathways for textiles.

Although not specifically targeting synthetic microfibers from textiles, Senate Bill 707 (the Responsible Textile Recovery Act of 2024), introduced in 2023, would enact a stewardship program which would require a producer of apparel or textiles articles to form and join a producer responsibility organization (PRO) by 2028.  The PRO would then have to submit to the Department of Resources Recycling and Recovery (CalRecycle) a plan for the collection, transportation, repair, sorting, and recycling, and the safe and proper management, of apparel and textile articles. Upon approval of a plan, or beginning in 2030, whichever is earlier, the bill would prohibit a producer from selling, offering for sale, importing, or distributing apparel or textiles in or into the state, unless the producer is a participant of a PRO, the department has approved the plan, and other criteria are met. PROs would also have to pay fees to the department.

Connecticut

In 2018, the Connecticut legislature passed Public Act 18-181, which required the Department of Environmental Protection to convene a working group to establish a consumer awareness and education program on synthetic microfiber pollution. The law also required the department to submit a report to the General Assembly on its efforts and any related recommendations for legislation.

In its report, issued in 2020, the department concluded that capturing microfibers from wastewater treatment plants was not an economically or technologically practical way to reduce or eliminate synthetic microfiber pollution.  Rather, it reasoned that eliminating microfibers closer to the point of generation would be more effective.

In its discussion of the role that clothing manufacturers should play in the pollution reduction effort, the department explained that manufactures should continue developing a standard testing protocol for determining shedding rates; identifying lower shedding fabrics; investigating environmentally safe additives to clothing to decrease or eliminate shedding; and providing point of sale information to consumers.  The department further noted that clothing manufactures can identify textile production methods that result in less shedding. 

The department also recommended that appliance manufacturers consider offering an option for an internal filter on washing machines that captures microfibers.

New York

Assembly Bill A10599 (introduced in 2018) would require clothing made from fabric that is composed of more than fifty percent synthetic material to have a label stating: “This garment sheds plastic microfibers when washed. Hand washing recommended to reduce shedding.” (similar to California Assembly Bill 2379).

Although not specifically targeting synthetic microfibers from textiles, on February 8, 2024, a New York City bill was introduced that would prohibit the sale of laundry pods and sheets using polyvinyl alcohol after 2026.

Oregon

Senate Bill 405 (introduced in 2023) would require washing machines to have a built-in or in-line microfiber filtration system after 2026.

Looking Ahead

Given federal and state efforts so far, the textile industry should expect an increased focus on the following:

  • Microfiber emissions from the textile manufacturing process.
  • Textile mill effluent guidelines and microfiber discharges. 
  • Ways to design or construct textiles that shed fewer or no fibers.
  • Labeling requirements for synthetic clothing.

In addition to following efforts aimed at better understanding and reducing microplastics pollution, entities in the textile industry should consider greenwashing risk associated with statements concerning products that may shed synthetic microfibers into the environment.  

There remains significant research to be done regarding the scope, sources, and effects of microplastics pollution and ways to effectively address it.  Now is a time for stakeholders to be thinking critically about this issue so that they can help shape what’s next.

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