Stringent EU clean water rules could financially choke industry for its micro-pollution

02 Nov 2022 --- As part of enacting the Green Deal, the European Commission (EC) has proposed stricter rules on ambient air, surface and groundwater pollutants and urban wastewater treatment to protect human health and ecosystems. These rules would require cosmetic companies to pay to remove “toxic micro-pollutants” from EU wastewater.

The EC is alerting industry of its responsibility as 92% of harmful micro-pollutants in wastewater comes from cosmetics and pharmaceuticals. To implement the plan, the EC will create a new Extended Producer Responsibility scheme which will align with the “polluter pays” principle.

PersonalCareInsights has reached out to the EC for comments on the draft proposal and on how cosmetics and personal care companies can prepare for the new rules and polluter payments.

The rules also aim to incentivize research and innovation into toxic-free products and make the financing of wastewater treatment fairer. The goal is to have cleaner ambient air by 2030, energy neutrality of water pollution by 2040 and zero pollution by 2050.

We sought an industry response to this proposal, reaching out to Personal care association Cosmetics Europe who preferred not to comment.

Restricting microplastics and pollutants
To improve health and the environment, obligations include recovering nutrients from wastewater, new micropollutant standards and new monitoring requirements for microplastics. 

Also, the EC is proposing to update lists of water pollutants for stricter control – one of which includes PFAS, a large group of “forever chemicals” used in personal care.The EC wants to ensure the same level of protection in the EU as 60% of its water bodies are transboundary.

“Micro-plastics are relatively well captured in treatment facilities, which is not the case for micro-pollutants: every year, around 254 million p.e. are sent to water bodies in the EU, causing concerns for the environment and public health. Treatment facilities also receive poorly controlled non-domestic waters, including industrial wastewaters (mainly from SMEs) connected to the public network,” outlines the proposal summary.

“The quaternary treatment necessary to remove micro-pollutants from urban wastewater will imply additional costs, such as costs related to monitoring and new advanced equipment to be installed in certain urban wastewater treatment plants,” shares the proposal, justifying the polluter-pay scheme.

It is part of the company’s responsibility to ensure that they contribute to the additional treatment required to remove its product substances from wastewater. This will also limit the financial impact on the taxpayer and water tariff.

Concerns about microplastic particles
Earlier this year, personal care association Cosmetics Europe underlined that “intentionally added microplastics from cosmetic and personal care products represent a minimal contribution to overall microplastics emissions.”

“Cosmetics Europe supports the proposed restriction on the use of intentionally added microplastics in rinse-off products, and we recommended the phase-out of plastic microbeads in 2015,” it continues.

Microplastics can be derived from fertilizers and plant protection products; cosmetic products; detergents and maintenance products; paints, coatings and inks; chemicals used in the oil and gas sector; construction; medicinal products and devices; and food supplements and medical food, shares the European Chemicals Agency (ECHA) Restriction Report.

Microplastics are tiny, making them available for ingestion and are very resistant to environmental biodegradation, continues the ECHA report. “They are practically impossible to remove from the environment after release.”

“An unhealthy environment has direct and costly consequences for our health. Each year, hundreds of thousands Europeans die prematurely and many more suffer from heart and lung diseases or pollution-induced cancers. The longer we wait to reduce this pollution, the higher the costs to society,” says Frans Timmermans, executive VP for the European Green Deal.

Duty over inaction
The EC wants to ensure the same level of protection in the EU as 60% of its water bodies are transboundary.The cosmetics and pharmaceutical sector contribute to 92% of toxic micro-pollution in wastewater.

“The quality of the air we breathe and the water we use is fundamental for our lives and the future of our societies. Polluted air and water harm our health and our economy and the environment, affecting the vulnerable most of all,” highlights Virginijus Sinkevičius, Commissioner for the Environment, Oceans and Fisheries.

“It is, therefore, our duty to clean up air and water for our own and future generations. The cost of inaction is far greater than the cost of prevention. That is why the EC is acting now to ensure coordinated action across the Union to better tackle pollution at source – locally and cross-border.”

EU objectives for wastewater treatment
The EC shows that apart from protecting human and environmental health, it aims to improve the transparency and governance of the sector. 

The new rules are also to align sectors to the objectives of the Green Deal by steering it toward energy neutrality – which in turn will contribute to climate neutrality and support the transition toward a circular economy, zero pollution and enhanced biodiversity protection.

Moreover, the EC aims to make more thoughtful use of wastewater parameters for public health action. 

For this to be achieved, it provides a long-term vision, legal certainty and planning time.

Updates on microplasticsThe EC will create a new scheme which will align with the “polluter pays” principle.
The personal care industry is witnessing increasing solutions to more environmentally friendly personal care.

Ground avocado were “for the first time” upcycled and added to a range of cosmetics to replace the currently banned and environmentally harmful plastic microbeads previously used. The UK-based Westfalia Fruit business supplies the ground avocado to the beauty brand Dr. Craft.

Moreover, Clariant introduced a naturally sourced and biodegradable Plantasens OP 95, a micro-plastic-free alternative to traditional acrylate opacifiers, which are considered microplastics and will be banned under the EU/EEA legislative proposal.

The EC recently released a long-awaited draft proposal on restricting intentionally-added microplastics from various packaging, cosmetics, sports pitches and other general materials. While environmental officials cautiously celebrated and called for more stringent guidelines, some polymer experts say the move had zero scientific basis. 

Microplastics were found in breast milk and Italian researchers urged politicians to promote pollution reduction laws.

By Venya Patel