1. United States
2. N.J.
3. Letter

“We are still learning the extent of the health risks posed to all of us by microplastics, and to respond appropriately we need more data,” said Attorney General Davenport. “Given that kids are particularly at risk from exposure to these tiny plastic fragments, it is especially important that the EPA require greater data collection and monitoring to inform further action to protect public health.” “New Jersey urges the federal government to do the right thing by requiring national testing to better understand the impact pollution from microplastics is having on the safety of our drinking water,” New Jersey Department of Environmental Protection Acting Commissioner Ed Potosnak said. “Pollution from microplastics is widespread in the environment — and our understanding of the potential public health consequences is rapidly expanding, especially for children. By conducting microplastics monitoring across the nation, we will be able to develop strategies and standards to protect the health of all Americans.” Microplastics have gained attention as a topic of public health concern in recent years, and New Jersey has led numerous efforts to prompt further study of these tiny, ubiquitous particles. EPA is required to regularly publish two lists of unregulated contaminants pursuant to the Safe Drinking Water Act: the UCMR and the Contaminant Candidate List (CCL). The UCMR allows EPA to monitor the presence of 30 contaminants in public water systems by collecting data regarding their frequency and occurrence. The CCL identifies priority contaminants for further research and potential regulation, but does not require monitoring or data collection. In November 2025, then-Governor Phil Murphy led a petition, signed by six other governors, asking EPA to add microplastics to the forthcoming draft of the UCMR 6. In June 2026, Attorney General Davenport led a comment letter, joined by 14 other attorneys general, applauding EPA’s inclusion of microplastics on the draft CCL 6, and calling for EPA to include microplastics on the forthcoming draft of the UCMR 6. The draft UCMR 6 was published on July 1, 2026, and did not include microplastics. The letter asks EPA to reconsider its current proposal and include microplastics in the final version of the UCMR 6. The states call for strong federal action on this important issue to ensure that necessary frequency and occurrence information is collected, which will enable future research and regulatory efforts to adequately address the risks posed by microplastics to the environment and public health. If microplastics are not added to the UCMR, our understanding of them will be stymied by the lack of consistent nationwide definitions, analytical methodologies, and requirements for monitoring and data collection. Under the Safe Drinking Water Act, EPA must include a contaminant on the UCMR if requested by a petition of at least seven governors, unless EPA determines that doing so would prevent the listing of other contaminants of a higher public health concern. However, EPA did not determine that other contaminants present a higher public health concern when it published the UCMR 6 this summer without including microplastics. Microplastics are tiny, often invisible particles less than 5 millimeters in diameter — even as tiny as 1 nanometer — composed of polymers and various chemical additives that were either originally part of a plastic product or were adsorbed from the surrounding environment. Research indicates microplastics are found throughout our environment, including in our planet’s water, air, and land, and because of their nature, they can affect human health. They have been found in all human organ systems, including the brain, and, depending on their size and shape, can cause cellular or tissue damage. In addition, microplastics can act as vectors for toxic chemicals to enter the human body, compounding exposure. This matter was handled by Deputy Attorneys General Matthew Novak and Charlie Stegner-Freitag, under the supervision of Assistant Attorney General Jessica Palmer, within the Division of Law’s Environment and Clean Energy Practice Group.