No, cyanobacteria and the cyanotoxins they may produce are not currently regulated by the federal government or Massachusetts. However, the US Environmental Protection Agency (US EPA) and the Massachusetts Department of Public Health (MDPH) have issued guidance for evaluating potential health concerns.
Drinking Water
On June 17, 2015, US EPA released 10-day drinking water (DW) health advisory (HA) levels for two cyanotoxins – microcystins and cylindrospermopsin. HAs are non-regulatory concentrations of DW contaminants at or below which adverse health effects are not anticipated to occur by oral ingestion over specific exposure durations. HA values are determined by US EPA using the best available information on health effects, exposure and other relevant data. The HA levels for microcystins and cylindrospermopsin for children younger than 6 years old are 0.3 parts per billion (ppb) and 0.7 ppb, respectively. For children older than 6 years old and adults, the HA levels for microcystins and cylindrospermopsin are 1.6 ppb and 3.0 ppb, respectively. Since there are over 100 types of microcystins, the HA values apply to their sum or total.
https://www.epa.gov/ground-water-and-drinking-water/managing-cyanotoxins-public-drinking-water-systems
In compliance with US EPA’s fourth round of the Unregulated Contaminant Monitoring Rule (UCMR4), certain Public Water Systems (PWSs) in the United States, including Massachusetts, will begin testing their drinking water for ten cyanotoxins (total microcystins, microcystin-LA, microcystin-LF, microcystin-LR, microcystin-LY, microcystin-RR, microcystin-YR, nodularin, anatoxin-a, and cylindrospermopsin) between 2018 and 2020. Data from the UCMR serves as a primary source of research information, which US EPA utilizes to develop regulatory decisions. Thus, data are not evaluated or acted upon in real-time relative to the HAs. For further information on UCMR4 and cyanotoxins assessment monitoring, please see: https://www.epa.gov/dwucmr/fourth-unregulated-contaminant-monitoring-rule.
Recreational Water
MDPH has health guidelines for evaluating the presence of cyanobacteria and microcystin in waterbodies used for recreation. Since 2008, MDPH has recommended that individuals be advised not to contact the water when a visible scum or mat is present, the total cyanobacteria cell count exceeds 70,000 cells per milliliter of water (cells/ml), or the microcystin level equals or exceeds 14 parts per billion (ppb). These recommendations are typically made to the local health department, which issues the advisory.
EPA is publishing their final Recommended Recreational Ambient Water Quality Criteria or Swimming Advisories for two Cyanotoxins, Microcystins and Cylindrospermin, under Clean Water Act section 304(a). Learn more about cyanobacterial HABs and how the EPA, states, territories and tribes are working to address them on the newly redesigned EPA Cyanobacterial HABs website. EPA updated and reorganized their online information about cyanobacterial harmful algal blooms (CyanoHABs) in water bodies, creating a new website dedicated to scientific information, EPA tools, and collaborative work on cyanoHABs in U.S. waters.
EPA is also providing information on the latest scientific knowledge about human health effects from exposure to cyanobacteria, discussion of other governmental guidelines for recreational waters, and incidents involving exposure of pets and other animals to cyanotoxins. More information on these recommendations: https://www.epa.gov/wqc/recreational-water-quality-criteria-and-methods.