On November 29, 2018, the Environmental Protection Agency Administrator signed a proposed rule to establish water quality criteria applicable to waters under the state of California's jurisdiction to protect aquatic life and aquatic-dependent wildlife from exposure to toxic levels of selenium. The EPA’s proposed rule does not include waters in the San Francisco Bay and Delta system that were previously covered in the EPA's July 2016 proposed rule (Water Quality Standards; Establishment of Revised Numeric Criteria for Selenium for the San Francisco Bay and Delta, State of California). Under a consent decree with Our Children's Earth Foundation and Ecological Rights Foundation, the EPA is required to finalize its proposed selenium criterion for California within six months of the latest date of the following actions pertaining to Endangered Species Act section 7(a)(2) consultation with the Services: making a no effect” determination, receiving written concurrence from the Services, or concluding formal consultation with the Services. If the EPA approves selenium criteria for the protection of aquatic life and aquatic-dependent wildlife submitted by California for all or any portion of fresh waters in the rest of California (i.e., all fresh waters not part of the San Francisco Bay and Delta) prior to promulgation of a final federal rule, the EPA would no longer be obligated to finalize criteria for such waters.