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

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 storm-water runoff from lawns, 
streets, and elsewhere.
    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\
---------------------------------------------------------------------------
    \5\http://www2.epa.gov/nutrient-policy-data/
cyanobacteriacyanotoxins.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \6\http://www2.epa.gov/nutrient-policy-data/health-and-ecological-
effects.
---------------------------------------------------------------------------

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:
---------------------------------------------------------------------------
    \7\http://www2.epa.gov/sites/production/files/2014-09/documents/
asdwa_drinking_water_hab_survey_summary.pdf.
---------------------------------------------------------------------------
           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 complexities 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.
---------------------------------------------------------------------------
    \8\http://water.epa.gov/scitech/swguidance/standards/criteria/
nutrients/upload/cyanobacteria_factsheet.pdf.
    \9\Ibid.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \10\http://water.epa.gov/drink/standards/hascience.cfm.
---------------------------------------------------------------------------
    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).
---------------------------------------------------------------------------
    \11\SDWA section 1412(b)(1).
---------------------------------------------------------------------------

                                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
    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.

                        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.
    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 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 recommended 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 
                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).

           *       *       *       *       *       *       *


                                  [all]