Legislation designed to increase the understanding of toxic algal blooms saw activity in both chambers of Congress this month, as the House Energy and Commerce Committee unanimously approved legislation directing EPA to develop a strategic plan on the topic and similar legislation was introduced in the Senate. The bills are part of ongoing efforts in Congress to respond to last year’s bloom in Lake Erie that contaminated the drinking water supplies of Toledo, Ohio.
As approved by the House Energy and Commerce Committee, the “Drinking Water Protection Act” (H.R. 212), would give EPA 90 days to develop and submit to Congress a strategic plan to assess and manage risks associated with algal toxins in drinking water supplies. The strategic plan would include a comprehensive list of algal toxins found to be harmful to human health when present in drinking water, summaries of these health affects, and a determination on whether EPA will publish health advisories or monitoring guidance for these algal toxins. Other parts of the strategic plan would include recommendations from EPA on feasible water treatment options to remove algal toxins. Rep. Bob Latta (R-Ohio) sponsored the bill.
While H.R. 212 won unanimous approval during the markup, Democratic members of the committee offered several amendments calling for EPA to develop additional strategic plans for drinking water risks related to drought, climate change, and hydraulic fracturing. Committee Republicans blocked these amendments from advancing, but pledged to work with Democrats on these issues in the future – potentially through legislation to reauthorize the Drinking Water State Revolving Fund.
Sen. Rob Portman (R-Ohio) introduced nearly identical legislation in the upper chamber this month. His bill, S. 460, carries the same title as the House measure and would similarly direct EPA to develop, within 90 days, a strategic plan to address toxic algal blooms in drinking water sources.
Ohio’s other Senator, Democrat Sherrod Brown, subsequently offered a second bill, the “Safe and Secure Drinking Water Act” (S. 462). Based on legislation the Senate approved last year, it would direct EPA to publish a health advisory for microcystin in drinking water and report on the level of microcystin in drinking water that is expected to be safe for human consumption. The bill would give EPA 180 days to complete the health advisory, and would also direct the agency to periodically report to Congress on whether the agency will promulgate a drinking water regulation for microcystin.
Due to the turnover in Senate leadership, Sen. Portman’s proposal might stand a better chance of passage this year – especially if the House version wins approval in that chamber.