49–006 

114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 114–26 

DRINKING WATER PROTECTION ACT 

FEBRUARY 24, 2015.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. UPTON, from the Committee on Energy and Commerce, 

submitted the following 

R E P O R T 

[To accompany H.R. 212] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Energy and Commerce, to whom was referred 

the bill (H.R. 212) to amend the Safe Drinking Water Act to provide for the assessment and management of the risk of cyanotoxins 

in drinking water, and for other purposes, having considered the 

same, report favorably thereon with amendments and recommend 

that the bill as amended do pass. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 3 

Background and Need for Legislation .................................................................... 3 

Hearings ................................................................................................................... 5 

Committee Consideration ........................................................................................ 6 

Committee Votes ...................................................................................................... 6 

Committee Oversight Findings ............................................................................... 6 

Statement of General Performance Goals and Objectives .................................... 6 

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 6 

Earmark, Limited Tax Benefits, and Limited Tariff Benefits ............................. 6 

Committee Cost Estimate ....................................................................................... 7 

Congressional Budget Office Estimate ................................................................... 7 

Federal Mandates Statement ................................................................................. 8 

Duplication of Federal Programs ............................................................................ 8 

Disclosure of Directed Rule Makings ..................................................................... 8 

Advisory Committee Statement .............................................................................. 8 

Applicability to Legislative Branch ........................................................................ 8 

Section-by-Section Analysis of the Legislation ...................................................... 8 

Changes in Existing Law Made by the Bill, as Reported ..................................... 10 


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The amendments are as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Drinking Water Protection Act’’. 

SEC. 2. AMENDMENT TO THE SAFE DRINKING WATER ACT. 

(a) AMENDMENT.—At the end of part E of the Safe Drinking Water Act (42 U.S.C. 

300j et seq.) add the following new section: 

‘‘SEC. 1459. ALGAL TOXIN RISK ASSESSMENT AND MANAGEMENT. 

‘‘(a) STRATEGIC PLAN.— ‘‘(1) DEVELOPMENT.—Not later than 90 days after the date of enactment of 

this section, the Administrator shall develop and submit to Congress a strategic 

plan for assessing and managing risks associated with algal toxins in drinking 

water provided by public water systems. The strategic plan shall include steps 

and timelines to— 

‘‘(A) evaluate the risk to human health from drinking water provided by 

public water systems contaminated with algal toxins; 

‘‘(B) establish, publish, and update a comprehensive list of algal toxins 

which the Administrator determines may have an adverse effect on human 

health when present in drinking water provided by public water systems, 

taking into account likely exposure levels; 

‘‘(C) summarize— 

‘‘(i) the known adverse human health effects of algal toxins included 

on the list published under subparagraph (B) when present in drinking 

water provided by public water systems; and 

‘‘(ii) factors that cause toxin-producing cyanobacteria and algae to 

proliferate and express toxins; 

‘‘(D) with respect to algal toxins included on the list published under subparagraph (B), determine whether to— 

‘‘(i) publish health advisories pursuant to section 1412(b)(1)(F) for 

such algal toxins in drinking water provided by public water systems; 

‘‘(ii) establish guidance regarding feasible analytical methods to 

quantify the presence of algal toxins; and 

‘‘(iii) establish guidance regarding the frequency of monitoring necessary to determine if such algal toxins are present in drinking water 

provided by public water systems; 

‘‘(E) recommend feasible treatment options, including procedures, equipment, and source water protection practices, to mitigate any adverse public 

health effects of algal toxins included on the list published under subparagraph (B); and 

‘‘(F) enter into cooperative agreements with, and provide technical assistance to, affected States and public water systems, as identified by the Administrator, for the purpose of managing risks associated with algal toxins 

included on the list published under subparagraph (B). 

‘‘(2) UPDATES.—The Administrator shall, as appropriate, update and submit 

to Congress the strategic plan developed under paragraph (1). 

‘‘(b) INFORMATION COORDINATION.—In carrying out this section the Administrator 

shall— 

‘‘(1) identify gaps in the Agency’s understanding of algal toxins, including— 

‘‘(A) the human health effects of algal toxins included on the list published under subsection (a)(1)(B); and 

‘‘(B) methods and means of testing and monitoring for the presence of 

harmful algal toxins in source water of, or drinking water provided by, public water systems; 

‘‘(2) as appropriate, consult with— 

‘‘(A) other Federal agencies that— 

‘‘(i) examine or analyze cyanobacteria or algal toxins; or 

‘‘(ii) address public health concerns related to harmful algal blooms; 

‘‘(B) States; 

‘‘(C) operators of public water systems; 

‘‘(D) multinational agencies; 

‘‘(E) foreign governments; 

‘‘(F) research and academic institutions; and 

‘‘(G) companies that provide relevant drinking water treatment options; 

and 

‘‘(3) assemble and publish information from each Federal agency that has— 

‘‘(A) examined or analyzed cyanobacteria or algal toxins; or 


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1http://www.who.int/waterlsanitationlhealth/dwq/chemicals/microcystinsum.pdf?ua=1. 2http://toledo.oh.gov/news/2014/08/urgent-water-notice/. 3http://www.washingtonpost.com/news/post-nation/wp/2014/08/04/toledo-mayor-lifts-bandeclares-drinking-water-safe/. 4http://www.toledoblade.com/local/2014/08/20/Toxin-from-algae-prompts-ban-on-swimming-at-Ohio-reservoir.html. 

‘‘(B) addressed public health concerns related to harmful algal blooms. 

‘‘(c) USE OF SCIENCE.—The Administrator shall carry out this section in accordance with the requirements described in section 1412(b)(3)(A), as applicable. 

‘‘(d) FEASIBLE.—For purposes of this section, the term ‘feasible’ has the meaning 

given such term in section 1412(b)(4)(D).’’. 

(b) REPORT TO CONGRESS.—Not later than 90 days after the date of enactment of 

this Act, the Comptroller General of the United States shall prepare and submit to 

Congress a report that includes— 

(1) an inventory of funds— 

(A) expended by the United States, for each of fiscal years 2010 through 

2014, to examine or analyze toxin-producing cyanobacteria and algae or address public health concerns related to harmful algal blooms; and 

(B) that includes the specific purpose for which the funds were made 

available, the law under which the funds were authorized, and the Federal 

agency that received or spent the funds; and 

(2) recommended steps to reduce any duplication, and improve interagency coordination, of such expenditures. 

Amend the title so as to read: 

A bill to amend the Safe Drinking Water Act to provide for the 

assessment and management of the risk of algal toxins in drinking 

water, and for other purposes. 

PURPOSE AND SUMMARY

H.R. 212 amends the Safe Drinking Water Act to provide for the 

creation of a strategic plan by the Administrator of the Environmental Protection Agency for the assessment and management of 

the risk posed by algal toxins in drinking water. 

BACKGROUND AND NEED FOR LEGISLATION

Contamination from algal blooms in a public water system’s 

source water gained attention in the Summer of 2014 when bluegreen algae (cyanobacteria) producing a toxin called microcystin (a 

cyanotoxin), were found in Lake Erie and Toledo’s Collins Water 

Treatment Plant. On Saturday, August 2, 2014, based upon two 

sample readings for microcystin registering above Ohio’s one (1) 

microgram per liter standard, the City of Toledo, Ohio urged all 

customers of Toledo water to neither drink nor boil its treated tap 

water until an ‘‘all clear’’ was issued.1,2 Two days later, the Mayor 

of Toledo announced that the water was safe to drink and lifted the 

advisory.3 In the interim, residents were advised against using the 

water to brush their teeth, bathe their children, or give to their 

pets. After the ban was lifted, the city banned swimming and other 

recreational activities in one of the drinking water reservoirs.4

Cyanobacteria and algal toxins 

Cyanobacteria and algae are often found in lakes and other surface water. Certain combinations of conditions trigger growth of 

algae in these waters, including warm water temperatures and 

high levels of light and nutrients (primarily phosphorus and nitrogen). Sources of nutrients include agricultural runoff (fertilizers 

and manure); discharges from sewage treatment plants; and stormwater runoff from lawns, streets, and elsewhere. 


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5http://www2.epa.gov/nutrient-policy-data/cyanobacteriacyanotoxins. 6http://www2.epa.gov/nutrient-policy-data/health-and-ecological-effects. 7http://www2.epa.gov/sites/production/files/2014-09/documents/ 

asdwaldrinkinglwaterlhablsurveylsummary.pdf. 8http://water.epa.gov/scitech/swguidance/standards/criteria/nutrients/upload/ 

cyanobacterialfactsheet.pdf. 

Some algae produce toxins that can contaminate surface waters 

and drinking water supplies. These toxins can affect the liver, skin, 

and nervous system. Exposure to algal toxins—of which 

cyanotoxins are a subset—can cause a range of health effects, from 

mild rashes to severe illness and, in rare cases, death in humans. 

In addition, deaths of exposed wildlife, livestock, birds, and pets 

have been documented worldwide.5

Most human exposures are thought to occur during recreational 

activities, such as swimming and boating, through the accidental 

ingestion or inhalation of water, or when skin comes into contact 

with toxins. Exposures also result from drinking or showering in 

contaminated water.6

Drinking water standards for algal toxins 

No enforceable Federal standards or guidelines have been established for algal toxins in drinking water. The World Health Organization (WHO) has issued a provisional drinking water standard of 

1 microgram per liter (g/L, or parts per billion) for microcystin-LR, 

one of the most common and harmful algal toxins. Ohio and Oregon have adopted the WHO drinking water guidance levels, while 

Minnesota has established a more stringent level based on acute 

infant exposure. 

On August 8, 2014, the Association of State Drinking Water Administrators (ASDWA) published the results of a survey it took on 

States’ responses to cyanobacteria and cyanotoxins in drinking 

water.7 The survey responses indicate that while nine States have 

created programs, developed health thresholds, or enacted policies 

and protocols for sampling and issuing public notices, all of the respondents would like to have more Federal (or national) leadership 

to help them address these issues. The respondents specifically 

noted in their comments that help is needed to: • provide Federal guidance values and analytical methods 

and risk communications strategies; • develop appropriate notification language to better inform 

the public when a cyanobacteria bloom is occurring, taste and 

odor complaints are received from customers, gastro-intestinal 

illnesses are reported, and toxin concentrations exceed thresholds in drinking water supplies; • address issues when toxins concentrate in treatment facility sludge without any blooms in the water source; and • consider the impacts to Ground Water Under the Direct 

Influence of surface waters that have toxic blooms (public 

water supply wells may tap groundwater influenced by surface 

water). 

Challenges to governmental involvement concerning algal toxins in 

water supplies 

An Environmental Protection Agency (EPA) factsheet notes that 

the conditions that cause cyanobacteria to produce cyanotoxins are 

not well understood.8 Further, biochemical and analytical complexVerDate Sep 11 2014 05:06 Feb 27, 2015 Jkt 049006 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\HR026.XXX HR026

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9 Ibid. 

10http://water.epa.gov/drink/standards/hascience.cfm. 11SDWA section 1412(b)(1). 

ities make it difficult to determine which toxins are present.9 Not 

only does incorrect identification of a cyanotoxin by a water system 

complicate its ability to properly treat for it, but selection of the 

wrong treatment can cause some bacteria to release more toxins 

into the water. 

EPA is working to issue a health advisory to help States and 

water providers address certain cyanotoxins. Authorized under section 1412(b)(1)(F) of the Safe Drinking Water Act (SDWA), health 

advisories generally include non-enforceable contaminant values 

based on non-cancer health effects, and technical guidance on 

health effects, test methods, and treatment technologies. In 2015, 

EPA plans to issue advisories for those cyanotoxins for which it has 

sufficient health effects data, microcystin-LR and 

cylindrospermopsin. Also in 2015, EPA plans to finalize analytical 

methods for microcystins-LR and the other targeted cyanotoxins. 

These methods will allow more specific measurement of the toxins 

at lower concentrations and with greater accuracy and precision.10

To pursue enforceable drinking water regulations under SDWA, 

EPA must engage in a multi-step process. First, EPA must regularly prepare contaminant candidate lists (CCLs), which identify 

and prioritize contaminants that may require regulation. In 1998, 

EPA first listed cyanobacteria and their toxins as candidates for 

regulation. 

Second, to satisfy SDWA criteria to begin drafting enforceable 

regulation of a contaminant, EPA must make a determination that 

the contaminant requires national regulation to provide a ‘‘meaningful opportunity for health risk reduction for persons served by 

public water systems’’ based on the contaminant’s occurrence in 

public water systems and health risks.11 To meet SDWA requirements for a regulatory determination, EPA needs additional health 

effects and occurrence data for each of the toxins. EPA is conducting health effects research and developing analytical testing 

methods for the cyanotoxins. Additionally, EPA could employ section 1445 of SDWA to help it better understand the occurrence of 

cyanotoxins in drinking water by establishing a rule targeted monitoring of unregulated contaminants (UCMR). 

HEARINGS

The Subcommittee on Environment and the Economy held a 

hearing on November 19, 2014 entitled ‘‘Microcystin in Drinking 

Water: What We Know, What We Don’t, and How We Get There.’’ 

The Subcommittee received testimony from: 

• Dr. Peter Grevatt, Director, Office of Ground Water and 

Drinking Water, U.S. Environmental Protection Agency; 

• The Honorable Craig W. Butler, Director, Ohio Environmental Protection Agency; 

• Mr. John Donahue, General Manager, North Park (IL) 

Public Water District, on behalf of the American Water Works 

Association; and 

• Ms. Lynn Thorp, National Campaigns Director, Clean 

Water Action 


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The Subcommittee on Environment and the Economy held a 

hearing on H.R. 212 on February 5, 2015. The Subcommittee received testimony from: 

• Dr. Peter Grevatt, Director, Office of Ground Water and 

Drinking Water, U.S. Environmental Protection Agency; 

• Mr. Mike Baker, Chief, Division of Drinking Water and 

Ground Waters, Ohio Environmental Protection Agency, on behalf of the Association of State Drinking Water Administrators; 

• Mr. Aurel Arndt, Chief Executive Officer, Lehigh County 

(PA) Authority, on behalf of the American Water Works Association; and, 

• Ms. Kristi Meyer, Ohio Environmental Council. 

COMMITTEE CONSIDERATION

On February 5, the Subcommittee on Environment and the Economy met in open markup session and forwarded H.R. 212 to the 

full Committee, as amended, by a voice vote. On February 11 and 

12, 2015, the full Committee on Energy and Commerce met in open 

markup session and ordered H.R. 212 reported to the House, as 

amended, by a voice vote. 

COMMITTEE VOTES

Clause 3(b) of rule XIII of the Rules of the House of Representatives requires the Committee to list the record votes on the motion 

to report legislation and amendments thereto. There were no 

record votes taken in connection with ordering H.R. 212 reported. 

A motion by Mr. Upton to order H.R. 212 reported to the House, 

as amended, was agreed to by a voice vote. 

COMMITTEE OVERSIGHT FINDINGS

Pursuant to clause 3(c)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee held a hearing and made findings that are reflected in this report. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

The goals and objectives of H.R. 212 are to create a strategic 

plan, including steps and timelines, for the assessment and management of the risks posed by algal toxins in drinking water. 

NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX

EXPENDITURES

In compliance with clause 3(c)(2) of rule XIII of the Rules of the 

House of Representatives, the Committee finds that H.R. 212, 

would result in no new or increased budget authority, entitlement 

authority, or tax expenditures or revenues. 

EARMARK, LIMITED TAX BENEFITS, AND LIMITED TARIFF BENEFITS

In compliance with clause 9(e), 9(f), and 9(g) of rule XXI of the 

Rules of the House of Representatives, the Committee finds that 

H.R. 212 contains no earmarks, limited tax benefits, or limited tariff benefits. 


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COMMITTEE COST ESTIMATE

The Committee adopts as its own the cost estimate prepared by 

the Director of the Congressional Budget Office pursuant to section 

402 of the Congressional Budget Act of 1974. 

CONGRESSIONAL BUDGET OFFICE ESTIMATE

Pursuant to clause 3(c)(3) of rule XIII of the Rules of the House 

of Representatives, the following is the cost estimate provided by 

the Congressional Budget Office pursuant to section 402 of the 

Congressional Budget Act of 1974: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, February 18, 2015. 

Hon. FRED UPTON, 

Chairman, Committee on Energy and Commerce, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 212, the Drinking Water 

Protection Act. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Susanne S. Mehlman. 

Sincerely, 

DOUGLAS W. ELMENDORF. 

Enclosure. 

H.R. 212—Drinking Water Protection Act 

H.R. 212 would require the Environmental Protection Agency 

(EPA), not later than 90 days after enactment, to develop a strategic plan for assessing and managing risks associated with algal 

toxins in drinking water. (Algal toxins form in waters with certain 

conditions such as high levels of nitrogen and phosphorous.) The 

plan would include steps EPA would take in performing various activities including evaluating risks to human health, identifying factors that make toxins become harmful, and recommending feasible 

treatment options for mitigating any adverse health effects. EPA 

also would be required, as appropriate, to update and submit the 

strategic plan to the Congress. Finally, the bill would require the 

Government Accountability Office to inventory and report to the 

Congress on the amount of federal spending that occurred between 

2010 and 2014 related to addressing the health concerns stemming 

from algal toxins. 

CBO estimates that implementing H.R. 212 would cost less than 

$500,000 annually over the next two years, assuming the availability of appropriated funds. That funding would provide for additional personnel and related administrative expenses to meet the 

bill’s requirements. To the extent EPA would update the strategic 

plan in future years, additional funding would be required; however, CBO estimates costs would not exceed $500,000 annually. 

Enacting the bill would not affect direct spending and revenues; 

therefore, pay-as-you-go procedures do not apply. 

H.R. 212 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

impose no costs on state, local, or tribal governments. 


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The CBO staff contact for this estimate is Susanne S. Mehlman. 

The estimate was approved by Theresa Gullo, Deputy Assistant Director for Budget Analysis. 

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates prepared by the Director of the Congressional Budget Office 

pursuant to section 423 of the Unfunded Mandates Reform Act. 

DUPLICATION OF FEDERAL PROGRAMS

No provision of H.R. 212 establishes or reauthorizes a program 

of the Federal Government known to be duplicative of another Federal program, a program that was included in any report from the 

Government Accountability Office to Congress pursuant to section 

21 of Public Law 111–139, or a program related to a program identified in the most recent Catalog of Federal Domestic Assistance. 

DISCLOSURE OF DIRECTED RULE MAKINGS

The Committee estimates that enacting H.R. 212 specifically directs to be completed no rule makings within the meaning of 5 

U.S.C. 551. 

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act are created by H.R. 212. 

APPLICABILITY TO LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act. 

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short Title. Section 1 provides the short title of ‘‘Drinking Water Protection Act.’’ 

Section 2. Amendment to the Safe Drinking Water Act. Section 

2(a) would create a new Section 1459 of the Safe Drinking Water 

Act. 

Section 1459(a) would require that the EPA, within 90 days of 

enactment of H.R. 212 and subject to later updates, to develop and 

submit to Congress a strategic plan for assessing and managing 

risks associated with algal toxins in drinking water provided by 

public water systems. The strategic plan must include steps EPA 

plans to take as well as its timelines for: • evaluating the risks to human health from drinking water 

provided by public water systems contaminated with algal toxins; • publishing a comprehensive list of algal toxins that the 

Administrator determines may have an adverse effect on 

human health when present in that drinking water, taking 

into account likely exposure levels; 

• summarizing both the known adverse human health effects of algal toxins identified on the Administrator’s list, when 


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present in drinking water systems, as well as the factors that 

make toxin producing cyanobacteria and algae grow and become harmful; • determining whether to publish health advisories on specific algal toxins, establishing guidance for feasible analytical 

methods to quantify the presence of algal toxins, and setting 

guidance on the frequency of monitoring necessary to determine if identified algal toxins are present in drinking water 

provided by public water systems; • recommending feasible treatment options to mitigate any 

adverse public health effects caused by identified algal toxins; 

and • entering into cooperative agreements and providing technical assistance to affected States and public water systems to 

aid in managing risks associated with identified algal toxins in 

drinking water. 

Section 1459(b) would require that EPA identify gaps in its understanding of the human health effects of cyanobacteria and algae 

that produce toxins, and methods and means of testing and monitoring for the presence of harmful algal blooms in the source water 

of or drinking water provided by public water systems. EPA then 

would be asked to consult, as appropriate, with other Federal agencies that examine or analyze cyanobacteria or algal toxins or address public health concerns related to harmful algal blooms; and 

with States, operators of public water systems, multinational agencies, foreign governments, research and academic institutions, and 

companies that provide drinking water treatment options. Section 

1459(b) also would call on EPA to assemble and publish information from each Federal agency that has examined or analyzed 

cyanobacteria or algal toxins or addressed public health concerns 

related to harmful algal blooms. 

As EPA implements paragraphs (2) and (3) of section 1459(b), 

the Committee encourages the Agency to consult with the Department of Energy’s Joint Genome Institute. The Committee believes 

that this collaboration could help the Agency and others better understand the biological factors that cause certain blooms to produce 

harmful toxins. 

Proposed section 1459(c) requires that, in carrying out the provisions of the new section, the Administrator comply with section 

1412(b)(3)(A), as applicable, of the Safe Drinking Water Act, which 

provides that, to the degree that an Agency action is based on 

science, the Administrator use (i) the best available, peer-reviewed 

science and supporting studies conducted in accordance with sound 

and objective scientific practices and (ii) data collected by accepted 

methods or best available methods (if the reliability of the method 

and the nature of the decision justifies use of the data). 

Finally, section 1459(d) would define ‘‘feasible’’ as provided in 

SDWA section 1412(b)(4)(D). 

Section 2(b) is a free-standing provision that requires the Government Accountability Office to inventory and report to Congress 

on Federal spending, between fiscal years 2010 and 2014, on analyses and public health efforts on toxins producing cyanobacteria 

and algae, including the specific purpose for which the funds were 

made available, the law under which the funds were authorized, 

the Federal agency that received or spent the funds, and recVerDate Sep 11 2014 05:06 Feb 27, 2015 Jkt 049006 PO 00000 Frm 00009 Fmt 6659 Sfmt 6602 E:\HR\OC\HR026.XXX HR026

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ommended steps to reduce any duplication, and improve interagency coordination, of such expenditures. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (new matter is printed in italic 

and existing law in which no change is proposed is shown in 

roman): 

SAFE DRINKING WATER ACT 

TITLE XIV—SAFETY OF PUBLIC WATER SYSTEMS 

* * * * * * * 

PART E—GENERAL PROVISIONS

* * * * * * * 

SEC. 1459. ALGAL TOXIN RISK ASSESSMENT AND MANAGEMENT. 

(a) STRATEGIC PLAN.— (1) DEVELOPMENT.—Not later than 90 days after the date of 

enactment of this section, the Administrator shall develop and 

submit to Congress a strategic plan for assessing and managing 

risks associated with algal toxins in drinking water provided by 

public water systems. The strategic plan shall include steps and 

timelines to— 

(A) evaluate the risk to human health from drinking 

water provided by public water systems contaminated with 

algal toxins; 

(B) establish, publish, and update a comprehensive list of 

algal toxins which the Administrator determines may have 

an adverse effect on human health when present in drinking water provided by public water systems, taking into account likely exposure levels; 

(C) summarize— 

(i) the known adverse human health effects of algal 

toxins included on the list published under subparagraph (B) when present in drinking water provided by 

public water systems; and 

(ii) factors that cause toxin-producing cyanobacteria 

and algae to proliferate and express toxins; 

(D) with respect to algal toxins included on the list published under subparagraph (B), determine whether to— 

(i) publish health advisories pursuant to section 

1412(b)(1)(F) for such algal toxins in drinking water 

provided by public water systems; 

(ii) establish guidance regarding feasible analytical 

methods to quantify the presence of algal toxins; and 

(iii) establish guidance regarding the frequency of 

monitoring necessary to determine if such algal toxins 

are present in drinking water provided by public water 

systems; 

(E) recommend feasible treatment options, including procedures, equipment, and source water protection practices, 

to mitigate any adverse public health effects of algal toxins 


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included on the list published under subparagraph (B); 

and 

(F) enter into cooperative agreements with, and provide 

technical assistance to, affected States and public water 

systems, as identified by the Administrator, for the purpose 

of managing risks associated with algal toxins included on 

the list published under subparagraph (B). 

(2) UPDATES.—The Administrator shall, as appropriate, update and submit to Congress the strategic plan developed under 

paragraph (1). 

(b) INFORMATION COORDINATION.—In carrying out this section the 

Administrator shall— 

(1) identify gaps in the Agency’s understanding of algal toxins, including— 

(A) the human health effects of algal toxins included on 

the list published under subsection (a)(1)(B); and 

(B) methods and means of testing and monitoring for the 

presence of harmful algal toxins in source water of, or 

drinking water provided by, public water systems; 

(2) as appropriate, consult with— 

(A) other Federal agencies that— 

(i) examine or analyze cyanobacteria or algal toxins; 

or 

(ii) address public health concerns related to harmful 

algal blooms; 

(B) States; 

(C) operators of public water systems; 

(D) multinational agencies; 

(E) foreign governments; 

(F) research and academic institutions; and 

(G) companies that provide relevant drinking water treatment options; and 

(3) assemble and publish information from each Federal 

agency that has— 

(A) examined or analyzed cyanobacteria or algal toxins; 

or 

(B) addressed public health concerns related to harmful 

algal blooms. 

(c) USE OF SCIENCE.—The Administrator shall carry out this section in accordance with the requirements described in section 

1412(b)(3)(A), as applicable. 

(d) FEASIBLE.—For purposes of this section, the term ‘‘feasible’’ 

has the meaning given such term in section 1412(b)(4)(D). 

* * * * * * * 

Æ 


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