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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 the EPA's disapproval. Therefore, consistent with Clean Water Act (CWA) section 303(c)(3), on April 18, 2019, the EPA proposed aluminum criteria to protect aquatic life from harmful effects of exposure to toxic level of aluminum in Oregon. Under a consent decree with Northwest Environmental Advocates (as amended), the EPA will, no later than six months after the date on which National Marine Fisheries Service ("NMFS") issues a Biological Opinion regarding the aluminum criteria previously proposed by EPA, 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 the EPA, to finalize statewide federal aquatic life criteria for aluminum in Oregon.

Overall Description of Deadline: Final deadline of November 2020, or no later than six months after the date on which National Marine Fisheries Service ("NMFS") issues a Biological Opinion regarding the aluminum criteria previously proposed by EPA.