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

Pursuant to the Administrative Procedure Act (“APA”), 5 U.S.C. §§ 553(e) and 555(e), Food & Water Watch (“FWW”) and the undersigned organizations (collectively, “Petitioners”) hereby petition the United States Environmental Protection Agency (“EPA”) to include microplastics on the Sixth Unregulated Contaminant Monitoring Rule (“UCMR 6”) promulgated under the Safe Drinking Water Act (“SDWA or “the Act”).1 The SDWA aims to protect public drinking water from contamination.2 In the fifty years since the SDWA was enacted in 1974, EPA has promulgated National Primary Drinking Water Regulations (“NPDWRs”) for over 90 contaminants, setting enforceable limits on harmful substances in drinking water.3 As further discussed herein, under the Act, EPA must periodically take action on contaminants that are not yet regulated (“unregulated” or “emerging” contaminants). EPA’s obligations include identifying unregulated contaminants that may occur in drinking water, requiring public water systems to monitor for unregulated contaminants, and determining whether regulation is necessary to protect public health. Specifically with regard to monitoring, EPA must promulgate a monitoring program for up to 30 unregulated contaminants every five years—the UCMR.4 UCMR 6, which will cover a monitoring period from 2027-2031, is scheduled for a notice of proposed rulemaking in August 2025 and a final rule in December 2026.5