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Federal Register / Vol. 86, No. 52 / Friday, March 19, 2021 / Rules and Regulations

FR Doc. 202105514 Filed 31821; 8:45 am BILLING CODE 656050P

ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 131
EPAHQOW20160694; FRL1001900
OW
RIN 2040AF70

Federal Aluminum Aquatic Life Criteria Applicable to Oregon Environmental Protection Agency EPA.
ACTION: Final rule.
AGENCY:

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 Oregons freshwater acute and chronic aluminum criteria in 2013. The CWA
directs EPA to promptly propose water quality standards WQS addressing the Agencys disapproval and to promulgate those WQS unless, prior to such promulgation, the state adopts WQS
addressing EPAs 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 EPAs 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 EPAs 2013
disapproval, EPA would withdraw this regulation.
DATES: This rule is effective on April 19, 2021. The incorporation by reference of SUMMARY:

A. Designating Uses B. WQS Variances C. NPDES Permit Compliance Schedules VIII. Economic Analysis IX. Statutory and Executive Order Reviews A. Executive Order 12866 Regulatory Planning and Review and Executive Order 13563 Improving Regulation and Regulatory Review B. Executive Order 13771 Reducing Regulations and Controlling Regulatory Costs C. Paperwork Reduction Act D. Regulatory Flexibility Act E. Unfunded Mandates Reform Act F. Executive Order 13132 Federalism G. Executive Order 13175 Consultation and Coordination With Indian Tribal Governments H. Executive Order 13045 Protection of Children From Environmental Health and Safety Risks I. Executive Order 13211 Actions That Significantly Affect Energy Supply, Distribution, or Use J. National Technology Transfer and Advancement Act of 1995
K. Executive Order 12898 Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations L. Congressional Review Act CRA

I. General Information A. Does this action apply to me?
B. How did EPA develop this final rule?
II. Background A. Statutory and Regulatory Authority B. EPAs Disapproval of Oregons Freshwater Aluminum Criteria C. General Recommended Approach for Deriving Aquatic Life Criteria III. Freshwater Aluminum Aquatic Life Criteria A. EPAs National CWA Section 304a Recommended Freshwater Aluminum Criteria B. Final Acute and Chronic Aluminum Criteria for Oregons Fresh Waters C. Implementation of Final Freshwater Acute and Chronic Aluminum Criteria in Oregon D. Incorporation by Reference IV. Critical Low Flows and Mixing Zones V. Endangered Species Act VI. Under what conditions would Federal standards be withdrawn?
VII. Alternative Regulatory Approaches and Implementation Mechanisms
I. General Information A. Does this action apply to me?
Entities such as industrial facilities, stormwater management districts, or publicly owned treatment works POTWs that discharge pollutants to fresh waters of the United States under the State of Oregons jurisdiction could be affected by this rule because Federal WQS promulgated by EPA in this rule will be the applicable WQS for fresh waters in Oregon for CWA purposes after the effective date of this rule.
These WQS are the minimum standards which must be used in such CWA
regulatory programs as National Pollutant Discharge Elimination System NPDES permitting 1 and identifying impaired waters under CWA Section 303d. Categories and entities that could potentially be affected by this rule include the following:

Category
Examples of potentially affected entities
Industry
Municipalities

Industrial point sources discharging pollutants to fresh waters of the United States in Oregon.
Publicly owned treatment works or similar facilities discharging pollutants to fresh waters of the United States in Oregon.
Entities responsible for managing stormwater in the State of Oregon.

Stormwater Management Districts

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certain publications listed in the rule is approved by the Director of the Federal Register as of April 19, 2021.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPAHQOW20160694. All documents in the docket are listed on the http www.regulations.gov website.
Although listed in the index, some information is not publicly available, e.g., confidential business information CBI or other information whose disclosure is restricted by statute.
Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form.
Publicly available docket materials are available electronically through http
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Mimi Soo-Hoo, Office of Water, Standards and Health Protection Division 4305T, Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460;
telephone number: 202 5661192;
email address: soo-hoo.mimi@epa.gov.
SUPPLEMENTARY INFORMATION: This final rule is organized as follows:

This table is not intended to be exhaustive, but rather provides a guide
for readers regarding entities that could ultimately be affected by this action.

Any parties or entities who depend upon or contribute to the water quality
1 Before any water quality based effluent limit is included in an NPDES permit, the permitting authority here, the State of Oregon, will first
determine whether a discharge will cause or has the reasonable potential to cause, or contribute to
an excursion above any WQS. 40 CFR
122.44d1i and ii.

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