View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML

EPA/OW RIN: 2040-AF70 Publication ID: Fall 2020 
Title: Federal Aluminum Aquatic Life Criteria Applicable to Oregon 

On April 18, 2019, EPA proposed water quality criteria in Oregon to protect aquatic life from the harmful effects of exposure to toxic levels of aluminum. In January 2013, 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 (CWA) section 303(c)(3), EPA proposed aluminum criteria to protect aquatic life in Oregon. Under a consent decree with Northwest Environmental Advocates (as amended), EPA is required, no later than six months after the date on which National Marine Fisheries Service (NMFS) issues a Biological Opinion on the aluminum criteria previously proposed by the EPA, 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 finalize statewide federal aquatic life criteria for aluminum in Oregon. NMFS issued its Biological Opinion on July 1, 2020, thus EPA's consent decree deadline is December 31, 2020.

Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final 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
Final  Judicial  Consent Decree  12/31/2020 
NPRM  Judicial  Consent Decree  04/19/2019 
Action Date FR Cite
NPRM  05/01/2019  84 FR 18454   
Final Rule  12/00/2020 
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:
Mimi Soo-Hoo
Environmental Protection Agency
Office of Water
Mail Code 4305T,
Washington, DC 20460
Phone:202 566-1192

Rochelle Labiosa
Environmental Protection Agency
Office of Water
1200 Sixth Avenue, OWW-191,
Seattle, WA 98101
Phone:206 553-1172