House Subcommittee Hearing on Cyanotoxins and Harmful Algal Blooms

On Nov. 19, the House Energy & Commerce Subcommittee on Environment and the Economy held a hearing entitled "Cyanotoxins in Drinking Water." Witnesses for the hearing included representatives from the Ohio Environmental Protection Agency and U.S. Environmental Protection Agency. A representative from the American Water Works Association also testified.

This past August, the drinking water that comes from Lake Erie in Toledo, Ohio became contaminated by algal blooms laced with the toxin microsystin (a cyanotoxin). Common triggers for the growth of cyanobacteria include warm water temperatures and high levels of light and nutrients (primarily phosphorus and nitrogen). The focus of the nutrients involved come from agricultural runoff and discharges from sewage treatment plants, storm-water runoff from lawns, streets and elsewhere.

On Oct. 1, 2014, several members of the House Energy & Commerce Committee - Chairman Fred Upton (R-MI); Subcommittee Chairman John Shimkus (R-IL) and Rep. Bob Latta (R-OH) - sent a letter to EPA Administrator Gina McCarthy seeking information on steps the agency has and is taking to address this threat to the public drinking water supply. To view the letter, click here.

Several weeks ago, the American Retailers Association and The Fertilizer Institute met with House Energy & Commerce Committee staff as well as the Legislative Staff for Representatives Latta and Bob Gibbs (R-OH) to inform them of the steps the agricultural industry has taken to address nutrient runoff related issues on farming operations, including Ohio's 4R Nutrient Stewardship Certification Program. The Ohio AgriBusiness Association prepared information that was submitted to EPA and the House Energy & Commerce Committee, which can be viewed here. 

The hearing addressed the steps being taken in Ohio agriculture related to nutrient runoff. In attendance were: Chairman John Shimkus (R-IL), Ranking Member Paul Tonko (D-NY), Rep. Bob Latta (R-OH), Rep. Bill Johnson (R-OH), Rep. Gregg Harper (R-MS), Rep. David McKinley (R-WV), Rep. Gus Bilirakis (R-FL) and Rep. John Barrow (D-GA).

Below are a few of the key takeaways from the hearing:

Positives

• SB 150 (Ohio Nutrient Management Legislation) is a positive step in the right direction – agriculture recognizes the problem and is working to address challenges with nutrient runoff.

• Ohio EPA, Ohio Department of Ag, Ohio Agribusiness Association and the Ohio Farm Bureau have worked collaboratively on edge of field research targeted/precision application and training and education of farmers (4Rs).

• There is no single smoking gun that can be identified as the sole cause of harmful algal blooms (HABs).

• More research is needed to study certain cyanotoxins and their health effects/exposure limits.

• Land grant universities, U.S. EPA, USDA, Ohio EPA and others have been working extensively to develop nutrient management plans in Ohio.

Negatives       

• Clean Water Action (CWA) and American Water Works Association (AWWA) witnesses called for Congress to examine regulating non-point sources under the Clean Water Act – agriculture is currently exempt.

• CWA, AWWA and Ranking Member Tonko (D-NY) called for EPA to finalize WOTUS rule and include streams and wetlands (this subcommittee only has jurisdiction over the Safe Drinking Water Act, not the Clean Water Act).

• IJC February 2014 report identifies P nutrient loading as the biggest unchecked problem in Western Lake Erie Basin.

• HABs have been a well-known problem for many decades but there are still many unknowns about them.

• Maumee River is a main contributor of nutrients in the Western Lake Erie Basin.

Overall, the hearing was complimentary of agriculture’s efforts to address nutrient management issues. Chairman Shimkus (R-IL) mentioned the good work that the agriculture sector is doing to address nutrient management issues in his home state of Illinois. Specifically, he talked about the importance of precision agriculture in ensuring that nutrients are being placed where they are needed. The witness panel also agreed that precision agriculture is a key to addressing nutrient management issues. Additionally, Rep. Bill Johnson (R-OH) brought up SB 150 and talked about the positive cooperation in Ohio between the state and the agriculture industry with regard to nutrient management issues.

Click here to view additional information, including an archived webcast, from the hearing.