Can Current Regulations Account for Intentionally Produced Nanoplastics?

Regulation of plastics has emerged as a significant science-policy challenge, initiated by the increasing societal concerns regarding plastic pollution. A specific focus is now on plastic of sizes smaller than 1000 nm, often referred to as nanoplastics. The need to include nanoplastics in existing regulatory frameworks arises from the increased bioavailability and toxicity of smaller particles compared to larger fragments. (1) The size of particles plays a critical role in their uptake and influences particle reactivity and hazard potential, for example, production of reactive oxygen species. When considering nanoplastics, specific concerns are directed to size fractions of plastics <100 nm, consistent with the size-specific concerns regarding ultrafine particles and with the regulatory definition of nanomaterials. Thus, classification of nanoplastics as “nanomaterials” for regulatory purposes would seem logical. However, as nanoplastics consist mainly of polymers, they could also be regulated as polymers, which are currently exempted from registration under REACH (Registration, Evaluation, Authorisation and Restriction of Chemicals). It is also noteworthy that the vast majority of micro- and nanoplastics in the environment arise from the weathering of plastic waste and as such would not be addressed under existing chemicals legislation, even if plastics required registration.

Currently, three important policy and legislative processes are ongoing in parallel that will impact the future regulation of plastics in general and intentionally produced micro- and nanoplastics in particular. First, the European Commission (EC) is considering the restriction proposal commissioned to the European Chemicals Agency (ECHA) on intentionally added microplastics. (2) Second, there is a discussion about how to define polymers under the European Chemicals Regulation, REACH, so that polymers are not automatically exempted from registration and submission of health and environmental safety information. Third, the EC is currently revising their proposed definition of nanomaterials. Here, we focus on regulatory concerns related to intentionally produced nanoplastics and outline how the inclusion of these three aspects could impact the future regulation of nanoplastics.