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In one of their last legislative acts before adjourning for a month-long break, members of the U.S. Senate on August 5 unanimously approved legislation directing EPA to do more to combat the threat posed by algal toxins to drinking water supplies.  President Obama signed the measure into law two days later.

Rep. Bob Latta (R-Ohio) introduced the “Drinking Water Protection Act” (H.R. 212) in January in response to last summer’s toxic algal bloom in Lake Erie that contaminated the water supplies of Toledo.  The bill requires EPA to develop a strategic plan for assessing and managing risks associated with algal toxins in drinking water supplies.  The strategic plan must include:

  • Information on human health risks associated with algal toxins in public water supplies;
  • A comprehensive list of algal toxins that may have an adverse effect on human health when present in drinking water supplies;
  • Determinations of whether to publish drinking water health advisories and monitoring guidance for algal toxins that may pose human health risks;
  • Recommended treatment options to feasibly mitigate the risks of algal toxins in water supplies;
  • Cooperative agreements to provide technical assistance to help public water systems manage risks associated with algal toxins; and
  • An identification of gaps in the agency’s understanding of algal toxins, including their human health effects and preferred water monitoring procedures.

The new law directs EPA to complete the strategic plan within 90 days of enactment, meaning the plan will be due in early November.  The agency must consult with stakeholders, including states and public water utility operators, during formulation of the plan.

The House of Representatives approved H.R. 212 in February, but the bill had languished in the Senate until this month, when Senators approved it by voice vote shortly before departing for the August recess.  Some Senate Democrats had earlier complained that the Environment and Public Works Committee had not formally considered the bill before it advanced to the floor, but in the end those concerns were not enough to halt passage of the measure.

AMWA submitted comments for the record of a February 5 House of Representatives hearing on the bill, saying the legislation would “provide water utility managers with additional tools to protect the public from algal pollution.”  AMWA also praised the bill for not setting an arbitrary deadline by which EPA would be required to regulate algal toxins in drinking water.