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EPA/OW RIN: 2040-AF70 Publication ID: Fall 2017 
Title: Federal Aluminum Aquatic Life Criteria Applicable to Oregon 
Abstract:

The EPA is proposing water quality criteria in Oregon to protect aquatic life from the harmful effects of exposure to toxic levels of aluminum. In January 2013, the EPA disapproved Oregon's new and revised freshwater acute and chronic criteria for aluminum, based on concerns that the criteria would not adequately protect aquatic life in Oregon. Oregon has not yet adopted or submitted criteria for aluminum to address EPA's disapproval. Therefore, consistent with Clean Water Act Section 303(c)(3), the EPA is proposing aluminum criteria to protect aquatic life in Oregon. This rule will improve water quality, protect aquatic life, and strengthen Oregon's natural ecosystem. Under a consent decree with Northwest Environmental Advocates, EPA has until December 15, 2017 to either take an action under CWA section 303(c) to approve aquatic life criteria for aluminum submitted by the state of Oregon, or, if aluminum criteria have not yet been submitted by Oregon and approved by EPA, to propose statewide federal aquatic life criteria for aluminum in Oregon. The consent decree also requires EPA to sign a final rule by September 29, 2018, if aluminum criteria have not yet been submitted by Oregon and approved by EPA.

 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Regulatory 
CFR Citation: 40 CFR 131   
Legal Authority: 33 U.S.C. 1313(c)(4)(B)   
Legal Deadline:
Action Source Description Date
NPRM  Judicial  Consent Decree  12/15/2017 

Overall Description of Deadline: EPA is under a consent decree with NWA to either take CWA section 303(c) action to approve criteria for aluminum adopted by Oregon, or propose statewide federal criteria for aluminum. The consent decree also requires EPA to sign a final rule by September 29, 2018, if aluminum criteria have not yet been submitted by Oregon and approved by EPA.

Timetable:
Action Date FR Cite
NPRM  12/00/2017 
Final Rule  10/00/2018 
Additional Information: Docket #:EPA-HQ-OW-2016-0694
Regulatory Flexibility Analysis Required: No  Government Levels Affected: State 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Heather Goss
Environmental Protection Agency
Office of Water
1200 Pennsylvania Avenue NW, Mail Code 4305T,
Washington, DC 20460
Phone:202 566-1198
Email: goss.heather@epa.gov

Maja Tritt
Environmental Protection Agency
Regional Office Seattle
1200 Sixth Avenue, OWW-191,
Seattle, WA 98101
Phone:206 553-6265
Email: tritt.maja@epa.gov