Governors Urge EPA to Add Microplastics to UCMR 6 Drinking Water Monitoring

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Democratic governors from seven states have petitioned EPA to include microplastics in its upcoming Unregulated Contaminant Monitoring Rule 6 (UMCR 6), triggering a Safe Drinking Water Act (SDWA) mandate for EPA to include microplastics in the rule unless the administrator determines it “would prevent the listing of other contaminants of a higher public health concern.”

In the petition, dated November 26, 2025, the governors argue that monitoring microplastics under UCMR 6 would establish a foundation for the future promulgation of drinking water standards.  “[T]he potential risks to public health posed by this contaminant, its expected prevalence, the need for a nationwide testing standard in order to better understand the foregoing, and the great public interest in this contaminant together warrant monitoring under the UCMR for future regulation under SDWA,” the petition states.

“[I]nformation on [microplastics’] prevalence, health impact, and public interest is ahead of other aspects of the scientific and policy state of play, especially consistent definitions and testing methodologies,” it adds.  “By including microplastics in UCMR 6, EPA can provide leadership to the scientific and regulatory community on consistent definitions and testing methodologies that lag behind.”

The petition identifies several potential public health concerns associated with microplastics, including their ability to act as vectors for toxic chemicals.  Other cited risks include cellular and tissue damage and potential developmental effects in children.

The petition also highlights the role of consumer products in the generation of microplastics.  It distinguishes between primary microplastics, which are intentionally manufactured for use in cosmetics and in plastic production processes, and secondary microplastics, which result from the degradation and wear of products such as textiles, tires, paints, fertilizers, mulch films, and food packaging.

Statutory Context

EPA issues the UMCR every five years to require public water systems to collect occurrence data for contaminants that are not yet subject to SDWA drinking water standards.  The most recent UMCR, promulgated in 2021, required monitoring for lithium and 29 PFAS.

Despite microplastics’ heterogeneity, the governors—representing New Jersey, Delaware, Illinois, Maryland, Michigan, Wisconsin, and Connecticut—argue that microplastics qualify as a “contaminant,” under SDWA, which broadly defines the term as “any physical, chemical, biological, or radiological substance or matter in water.”

A petition from seven governors is sufficient to require EPA to include a contaminant in a UCMR unless the administrator determines that another contaminant presents a higher public health priority.  No more than 30 contaminants may be included in a single UCMR.

Additional information on UCMR 6 is available on EPA’s website.

DTSC Releases Microplastics Background Document Ahead of December Workshop

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This month, California’s Department of Toxic Substances Control (DTSC) released a public background document summarizing its research on products that contain or generate microplastics.  DTSC is requesting comment on the specific product categories evaluated in the document through January 16, 2026.  The department will also hold a virtual workshop to receive public input on December 11, 2025, at 9:30am PT.

Background

The background document and workshop are part of DTSC’s rulemaking to add microplastics to the Safer Consumer Products (SCP) program candidate chemicals list.  As discussed previously, adding microplastics to the list would not itself create new regulatory requirements, but it would allow DTSC to pursue restrictions in specific products that contain or generate microplastics in the future.

According to DTSC, the background document is part of its “external engagement process, which helps us decide whether to conduct additional research or potentially list one or more products that contain or have the potential to generate microplastics as Priority Products.”  The department also notes that, based on its evaluation, it is “concerned about the potential for adverse impacts from exposure to microplastics in consumer products frequently used by the general public, workers, and children.”

Evaluated Product Categories

DTSC outlines preliminary screening results for the following product categories:

  • Artificial turf infill
  • Children’s toys that contain primary microplastics
  • Cleaning products
    • Intentionally added polymers in laundry and dishwashing detergents
    • Polymeric fragrance microcapsules in laundry detergents and fabric softeners
    • Water-soluble polymers in laundry and dishwashing detergents pods
  • Food contact articles
    • Plastic baby feeding bottles
    • Plastic beverage bottles and caps
    • Plastic cling wraps and films
    • Plastic wrappers for snacks and candy
    • Polystyrene foam foodware
    • Single-use plastic tea bags
  • Plastic film mulch used in agriculture
  • Single-use cigarette filters made of cellulose acetate
  • Water-based interior wall paints

For each evaluated product category, DTSC describes the type of microplastics present (primary/secondary), the potential for exposure, potential alternatives, and relevant US and international regulations.  An appendix lists additional evaluated product categories that may be considered for further research.

These categories fall under DTSC’s current work plan product category of products that contain or generate microplastics, discussed in a previous post.

Requested Information

The background document identifies a number of data gaps for which DTSC seeks public input.  For example, regarding water-based interior wall paints, DTSC requests information on whether manufacturers are developing non-plastic alternatives to primary microplastics, obstacles to replacing them, whether alternatives can provide comparable performance, and which types of paint could feasibly transition away from microplastics while still meeting performance requirements.

Interested parties can submit comments trough DTSC’s CalSAFER portal.  As noted above, comments will be accepted through January 16, 2026.

Update – December 4, 2025

DTSC has announced that written comments on the background document will now be accepted through 11:59pm PT on January 30, 2026.

California Governor Blocks Bill Targeting Microbeads and Glitter

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A California bill that sought to expand state restrictions on the use of small plastic particles known as microbeads in consumer products was vetoed by Governor Gavin Newsom on October 11, 2025.

Beginning in 2029, AB 823 would have prohibited the sale of:

  • Personal care products containing plastic glitter.
  • Non-rinse-off personal care products that use microbeads as an abrasive to clean, exfoliate, or polish.
  • Cleaning products that use microbeads as an abrasive to clean, exfoliate, or polish.

Under the proposal, companies would have been permitted to sell their existing inventories of these products until 2030.

In his veto message, Newsom wrote:

“I support efforts to protect California’s waterways, ecosystems, and public health from the real and significant harms caused by the prevalence of microplastics in our environment.  However, I am not supportive of the approach this bill takes to ban specific ingredients, such as glitter, which may incidentally result in a prohibition on biodegradable or natural alternatives.”

Existing California law already prevents the sale of personal care products that use microbeads to exfoliate or cleanse in a rinse-off product, such as toothpaste.  Products containing less than one part per million by weight of plastic microbeads are exempt.

Two days after the veto, Newsom rejected a separate bill that would have expanded restrictions on the use of PFAS in many consumer products.  More on that can be found here.

California Proposes Listing Microplastics as an SCP Candidate Chemical

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California’s Department of Toxic Substances Control (DTSC) has proposed to designate microplastics as a “candidate chemical,” a move that could lead to future regulation of products that contain or generate microplastics under the state’s Safer Consumer Products (SCP) program.

Adding microplastics to the SCP candidate chemical list would not in itself create new regulatory requirements.  However, it would allow SCP to evaluate specific types of products containing microplastics for possible designation as a “priority product,” which could ultimately result in restrictions or other regulatory measures.

“Microplastics are pervasive, persistent, and increasingly linked to potential risks to human health, wildlife and the environment,”  DTSC stated in a June 20 press release.  “They have been found in nearly every corner of the planet, including oceans, soil, indoor air, and even on the highest mountain peaks.”

The press release also highlights the “economic burden” of microplastic pollution, noting that “healthcare costs linked to plastic-associated chemicals are projected to exceed $144 billion by 2025” in California.

A technical document accompanying the proposal defines microplastics as “plastics that are less than 5 millimeters (mm) in their longest dimension, inclusive of those materials that are intentionally manufactured at those dimensions or are generated by the fragmentation of larger particles.”

The document acknowledges the “structural heterogeneity and complexity of different plastic polymers,” but argues that microplastics still constitute a “chemical” under SCP’s governing regulations.

The proposal was foreshadowed by SCP’s most recent priority products work plan, released in 2024 and discussed in a previous blog post.  For the first time, the work plan identified products containing or generating microplastics as a consumer product category warranting evaluation for priority products.

Comments on the proposal will be accepted through August 4 via CalSAFER.

DTSC Finalizes SCP Priority Product Work Plan

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This October, California’s Department of Toxic Substances Control (DTSC) released the final version of the Safer Consumer Products (SCP) Program’s Three-Year Priority Product Work Plan for 2024–2026.  The work plan identifies eight categories of consumer products that DTSC will evaluate to determine whether specific products within those categories should be designated as Priority Products—product-chemical combinations that may be subject to regulation.

Four categories remain largely unchanged from the 2021-2023 work plan:

  • Beauty, personal care, and hygiene products;
  • Cleaning products;
  • Building products and materials used in construction and renovation; and
  • Children’s products.

Two existing categories have been expanded:

  • Food packaging—expanded to include food contact articles; and
  • Motor vehicle tires—expanded to include motor vehicle parts, accessories, maintenance, and repair materials.

Finally, two new categories have been added:

  • Paints (previously included under building products); and
  • Products that contain or generate microplastics.

The work plan also touches on Senate Bill 502.  That 2022 California law expanded DTSC’s authority under the SCP Program, granting DTSC greater power to require product manufacturers to disclose product ingredients.  Importantly, the bill also established a process for DTSC to move directly to regulatory response for a Priority Product, bypassing an Alternatives Analysis.

A full list of Candidate Chemicals—substances that may lead to a product’s prioritization—is available on DTSC’s website.

Microplastics and PPD Derivatives Proposed for Regulation in California

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California state regulators recently announced plans to potentially regulate two additional groups of chemicals under the state’s Safer Consumer Products Program (“SCP”). The California Department of Toxic Substances Control (“DTSC”) has proposed adding microplastics and para-Phenylenediamine (“PPD”) derivatives to its Candidate Chemicals List (“CCL”) due to their reported impacts on human health and the environment. Regulators are beginning a public comment process in the hopes of gathering valuable input and feedback from stakeholders to help inform a potential regulatory proposal.

Scientific evidence has been growing regarding the harmful effects of microplastics on both human health and the environment. These minuscule plastic particles, released directly or through the breakdown of larger plastic items, persist and spread throughout the ecosystem. DTSC detailed this issue and identified products that release microplastics into the environment as one of their top five policy priorities in the 2021-2023 Priority Product Work Plan.

PPD derivatives, a family of chemicals widely used in various industrial applications, have also come under scrutiny. Specifically, 6PPD, a member of the PPD derivative family, is extensively used in motor vehicle tires to prevent degradation over time. DTSC is finalizing regulations to include motor vehicle tires containing 6PPD on its Priority Product List. This regulation will require tire manufacturers to identify and assess potential alternatives to 6PPD that ensure tire safety and performance. By adding the entire PPD derivative class to the CCL, manufacturers will be prompted to thoroughly evaluate the tradeoffs involved before switching from 6PPD to another PPD derivative.

Adding chemicals to the CCL does not automatically impose new requirements. Instead, it enables the SCP Program to select consumer products containing these chemicals for evaluation and potential regulation as Chemicals of Concern in Priority Products.

Public workshops are scheduled for June and July, providing an opportunity for interested parties to contribute to the discussion and share their expertise. Information on the upcoming workshops can be found here.