A pair of proposals introduced in the House and Senate in September would direct EPA to publish a health advisory on microcystins in drinking water and instruct the National Oceanic and Atmospheric Administration (NOAA) to set up a central electronic database to help determine the causes of harmful algal blooms, as well as the best ways to combat them. The bills were offered in reaction to this summer’s contamination of Toledo, Ohio’s water supplies by toxic algae.
The microcystins legislation (H.R. 5439/S. 2785, the “Safe and Secure Drinking Water Act”) would direct EPA to publish, within 90 days of enactment, a health advisory on microcystins in drinking water that includes a recommended safe level for human consumption, feasible treatment techniques to achieve the recommended safe level, and information on standardized testing procedures. EPA would then have to report to Congress on the status of efforts evaluate regulating microcystins in drinking water, steps taken by EPA to promote microcystins testing in areas affected by harmful algal blooms, and an analysis of treatment techniques. EPA would continue issuing these reports each year until it makes a determination of whether or not to regulate microcystins in drinking water.
Democratic Ohio Representative Marcy Kaptur introduced the bill in the House of Representatives, while Ohio Senators Sherrod Brown (D) and Rob Portman (R) sponsored the Senate version.
Separate legislation also introduced in September (H.R. 5456/S. 2798) would direct NOAA to create an electronic database of research related to the causes of, and effective corrective actions to respond to, algal blooms in the Great Lakes, their tributaries, and other surface fresh waters. Sen. Portman and Rep. Bob Latta (R-Ohio) introduced the bill.
Together, the bills mark Congress’ first formal response to the algal bloom in Lake Erie that contaminated Toledo’s water supplies for several days in August. Because EPA had not completed a drinking water standard for microcystins, the agency relied on the World Health Organization standard of 1 part per billion when determining when Toledo’s water was safe to drink. However, given what is expected to be a short post-election lame duck session following Election Day, the bills appear unlikely to receive floor votes in Congress this year.