Federal Aluminum Aquatic Life Criteria Applicable to Oregon

The Environmental Protection Agency (EPA or Agency) is promulgating Federal criteria for fresh waters in the State of Oregon that are jurisdictional under the Clean Water Act (CWA) to protect aquatic life from the effects of exposure to harmful levels of aluminum. EPA disapproved of Oregon's freshwater acute and chronic aluminum criteria in 2013. The CWA directs EPA to promptly propose water quality standards (WQS) addressing the Agency's disapproval and to promulgate those WQS unless, prior to such promulgation, the state adopts WQS addressing EPA's disapproval that the Agency determines meet the requirements of the CWA and EPA approves. Since Oregon has not adopted and submitted revised freshwater acute and chronic aluminum criteria to address EPA's 2013 disapproval, EPA is promulgating Federal freshwater acute and chronic aluminum criteria to protect aquatic life uses in Oregon as the applicable WQS under the CWA. If, at some point in the future, Oregon submits and EPA approves revised freshwater acute and chronic aluminum criteria to address EPA's 2013 disapproval, EPA would withdraw this regulation.