Ohio Lawmakers’ Bill Requires US EPA to Set Microcystin Standards

Source: The Hannah Report

Legislation introduced Wednesday by U.S. Sens. Sherrod Brown (D-OH) and Rob Portman (R-OH) and U.S. Rep. Marcy Kaptur (D-Toledo) would require the U.S. Environmental Protection Agency (US EPA) to develop a federal limit for algae toxin microcystin in drinking water.

Microcystin was the byproduct of a harmful algal bloom (HAB) in the western basin of Lake Erie that caused a “do not drink” advisory to be in effect for more than two days in the city of Toledo in early August. (See The Hannah Report, 8/4/14.) There are currently no state or federal microcystin limits for drinking water, so government officials in Ohio routinely rely on the World Health Organization’s suggestion of one part per billion.

The lawmakers said US EPA has been working on developing a federal limit for years, but has yet to issue one. They said the Safe and Secure Drinking Water Act would require the agency to act on an interim measure -- an advisory that would help inform and educate local and state officials -- while continuing to work on a federal mandate.

“After the Toledo water crisis, it’s critical that all levels of government work together to determine if our drinking water is safe for human consumption,” Portman said in a statement. “As we continue to work to ensure that Ohioans have access to safe and clean drinking water, this legislation is an important step toward knowing what is safe and what is not.”

“Our legislation would fill a gap in the US EPA’s response to date on toxic algae,” Kaptur said in a statement. "The water emergency in Toledo highlighted the need for a more robust federal response, and our local communities still very much need recommendations on consumption, treatment and testing.”

On a conference call with reporters, Brown also discussed another bill he introduced Wednesday, the Clean Water Affordability Act. Along with non-point-source pollution from agricultural runoff, overflows from sewer systems that collect raw sewage and storm water are a point-source pollution factor in the creation of HABs in freshwater bodies.

Brown said 73 Ohio communities have combined sewage overflow systems (CSOs) that are outdated and in need of renovation. He said $7.5 billion will need to be invested over the next 20 years across the state to address the problem, and that it is necessary that the federal government provide the funding because the renovations would be far too costly for local governments and ratepayers.

“From the shores of Lake Erie to the Ohio River Valley, and in communities in between, 21st century sewer systems attract 21st century jobs, while preserving America’s promise of clean water,” Brown said. “While all Ohioans deserve access to clean water, too many communities are struggling to afford costly, but necessary, upgrades to sewer systems. This bill is about helping local governments make these renovations and investing in Ohio’s long-term economic development.”

He said the bill would authorize $1.8 billion over the next five years to fund renovations of CSOs, and that he would work to direct the funding where it is most sorely needed, like Toledo and Cleveland. He said tax cuts at the state level make the federal funding even more necessary in Ohio, and criticized Tea Party legislators who “don’t ever want the federal government getting involved in anything.”

“What do they expect these local communities to do?” Brown said.

Julius Ciaccia Jr., executive director of Northeast Ohio Regional Sewer District, said Brown’s legislation would help Cleveland lower water and sewer rates to attract new businesses and create jobs.

“We appreciate Sen. Brown's commitment to the issues that agencies like ours face while trying to balance clean water act needs and mandates with ratepayer circumstances. We look forward to continuing to work through these issues with the assistance of our legislators and regulators,” he said.

Story originally published in The Hannah Report on September 10, 2014.  Copyright 2014 Hannah News Service, Inc.