By Patrick Crow
In the early days of the 114th Congress, legislation addressing algal toxins in drinking water supplies was off to a quick start. The House Energy and Commerce Committee unanimously approved a bill to give the Environmental Protection Agency (EPA) 90 days to draft and submit a strategy to Congress that assesses and manages risks associated with harmful cyanotoxins in drinking water supplies.
Rep. Bob Latta (R-Ohio) introduced the legislation, dubbed "The Drinking Water Protection Act," in response to the water crisis that occurred in Toledo, Ohio, in August 2014. The city issued a "Do-Not-Drink" advisory for more than 400,000 people after the cyanotoxin microcystin was found in finished water, a contamination resulting from an algal bloom in Lake Erie.
For several years, EPA has been working to develop a federal limit for microcystin. Meanwhile, water plant operators have used the World Health Organization's guidance of 1 ppb or less.
The legislation directs EPA to compile a comprehensive list of algal toxins harmful to human health when present in drinking water. The Agency would then detail the toxins' health effects and determine health advisories or monitoring guidance. EPA would also draft recommendations on feasible water treatment options to remove algal toxins and enter cooperative agreements to provide technical assistance to affected water systems.
The House approved the bill on Feb. 24 in a 375-37 vote. Rep. Latta and cosponsor Marcy Kaptu (D-Ohio) stated that they would continue working to win congressional passage.
Meanwhile, Sens. Rob Portman (R-Ohio) and Sherrod Brown (D-Ohio) have introduced a companion bill in their chamber, based on one that the Senate approved in the waning days of the legislative session last December.
The senators filed a second bill directing EPA to determine the acceptable level of microcystin in drinking water. The Agency would have six months to complete that health advisory and would have to periodically advise Congress on its plans to propose a drinking water rule for microcystin.
The Association of Metropolitan Water Agencies (AMWA) noted that the House legislation would provide water utility managers additional tools to protect the public from algal pollution. It also praised the bill for not giving EPA an arbitrary deadline for regulating algal toxins in drinking water. AMWA urged Congress to explore even more comprehensive efforts to protect drinking water quality, such as reducing runoff into source waters and increasing federal water infrastructure financing assistance.
Aurel Arndt, CEO of the Lehigh County Authority in Allentown, Pa., testified on the issue at a House Subcommittee on the Environment and the Economy hearing. He said that the key to the cyanotoxin problem is better management of agricultural nutrient pollution. "We recommend that Congress consider ways to greatly increase the effectiveness of non-point source pollution programs, including the question of whether non-point sources of pollution should be brought under the jurisdiction of the Clean Water Act," he said.
Arndt noted that cyanotoxin contamination is always associated with excessive amounts of nitrogen and phosphorus in water. Further, he said the U.S. Geological Survey has estimated that non-point sources, predominantly runoff and air deposition, account for 90 percent of the nitrogen and 75 percent of the phosphorus in waterways.
Arndt commended EPA for using its contaminant candidate lists to begin the process of regulating cyanotoxins. He suggested EPA and the Department of Agriculture use their existing regulatory powers to give greater priority to nutrient reduction projects that protect downstream drinking water supplies.
He also explained that AWWA has been working on the cyanotoxin issue, including the development of materials for protecting against algal blooms and training on protocols for responding to drinking water emergencies. The group expects to publish a cyanotoxins guide for utility managers in the near future.
Last year, the Association of State Drinking Water Administrators (ASDWA) queried state officials about their efforts to combat cyanobacteria and cyanotoxins in drinking water. The survey found that nine states had created programs, developed health thresholds or enacted policies for sampling and issuing public notices. State officials also told ASDWA that they wanted more federal leadership on the issue.
Algal blooms and associated algal toxins also dominated the agenda during EPA's National Drinking Water Advisory Council meeting last November in Washington, D.C. At the event, EPA officials outlined the Agency's efforts to develop more reliable cyanotoxin analytical methods and a public health advisory before the algal bloom season begins late this summer.
About the Author: Patrick Crow covered the U.S. Congress and federal agencies for 21 years as a reporter for industry magazines. He has reported on water issues for the past 15 years. Crow is now an Austin, Texas-based freelance writer.
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