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Federal Register / Vol. 86, No. 52 / Friday, March 19, 2021 / Rules and Regulations
Federal Aluminum Aquatic Life Criteria Applicable to Oregon for a detailed summary of the information and assumptions EPA relied on to estimate potential costs for the final rule.
IX. Statutory and Executive Order Reviews Additional information about these statutes and Executive orders can be found at http www2.epa.gov/lawsregulations/laws-and-executive-orders.
A. Executive Order 12866 Regulatory Planning and Review and Executive Order 13563 Improving Regulation and Regulatory Review This action is a significant regulatory action and was submitted to the Office of Management and Budget OMB for review. Any changes made during OMBs review have been documented in the docket. EPA prepared an analysis of the potential costs to NPDES dischargers associated with State implementation of the aluminum criteria in this rule. This analysis, Economic Analysis for the Final Rule: Federal Aluminum Aquatic Life Criteria Applicable to Oregon, is summarized in section VIII of the preamble and is available in the docket.
B. Executive Order 13771 Reducing Regulations and Controlling Regulatory Costs This action is considered an Executive Order 13771 regulatory action. Details on the estimated costs of this final rule can be found in EPAs analysis of the potential costs and benefits associated with this action.
C. Paperwork Reduction Act This action does not impose any new information-collection burden under the Paperwork Reduction Act. This action does not directly contain any information collection, reporting, or record-keeping requirements. OMB has previously approved the information collection requirements contained in the existing regulations 40 CFR part 131 and has assigned OMB control number 20400049.

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D. Regulatory Flexibility Act The Agency certifies that this action will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act. This action will not impose any requirements on small entities. The EPA-promulgated WQS are implemented through various water quality control programs including the NPDES program, which limits discharges to navigable waters except in compliance with a NPDES permit. CWA

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Section 301b1C 22 and EPAs implementing regulations at 40 CFR
122.44d1 and 122.44d1viiA
provide that all NPDES permits shall include any limits on discharges that are necessary to meet applicable WQS.
Thus, under the CWA, EPAs promulgation of WQS establishes WQS
that the State implements through the NPDES permit process. While the State has discretion in developing discharge limits, as needed to meet the WQS, those limits, per regulations at 40 CFR
122.44d1i, must control all pollutants or pollutant parameters either conventional, nonconventional, or toxic pollutants which the Director determines are or may be discharged at a level that will cause, have the reasonable potential to cause, or contribute to an excursion above any state water quality standard, including state narrative criteria for water quality. As a result of this action, the State of Oregon will need to ensure that permits it issues include any limitations on discharges necessary to comply with the WQS established in the final rule. In doing so, the State will have a number of choices associated with permit writing. Oregons implementation of the rule may ultimately result in new or revised permit conditions for some dischargers. EPA is unaware of any current permit holders or other entities that would be required to obtain new permits or update existing permits as a result of this action, including small entities. EPAs action, by itself, does not impose any requirements on small entities; that is, the requirements are not self-implementing.
E. Unfunded Mandates Reform Act UMRA
This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 15311538, and does not significantly or uniquely affect small goverments. This action imposes no enforceable duty on any state, local, or tribal governments or the private sector.
F. Executive Order 13132 Federalism This action does not have federalism implications. EPA believes, however, that this action may be of significant interest to state governments. Consistent 22 CWA Section 301b Timetable for achievement of objectives. In order to carry out the objective of this chapter there shall be achieved1C: Not later than July 1, 1977, any more stringent limitation, including those necessary to meet water quality standards, treatment standards, or schedules of compliance, established pursuant to any State law or regulations under authority preserved by section 1370 of this title or any other Federal law or regulation, or required to implement any applicable water quality standard established pursuant to this chapter.

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with EPAs policy to promote communications between EPA and state and local governemnts, EPA consulted with Oregon early in the process of developing this rulemaking to permit them to have meaningful and timely input into its development. EPA
discussed with Oregon the Agencys development of the Federal rulemaking and clarified early in the process that if and when the State decided to develop and establish its own aluminum standards, EPA would assist the State in its process. During these discussions, EPA explained the scientific basis for the aluminum criteria to protect aquatic life for fresh waters in Oregon; the Agencys consideration of comments received during the public comment period associated with this rulemaking;
and the overall timing of the Federal rulemaking effort. EPA took these discussions with the State into account during the drafting of this rule.
G. Executive Order 13175 Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications as specified in Executive Order 13175. This rule does not impose substantial direct compliance costs on federally recognized tribal governments, nor does it substantially affect the relationship between the Federal Government and tribes, or the distribution of power and responsibilities between the Federal Government and tribes. Thus, Executive Order 13175 does not apply to this action.
Consistent with EPA Policy on Consultation and Coordination with Indian Tribes, the Agency offered government to government consultation to potentially affected tribes during the development of this action. EPA sent letters to tribal leaders of potentially affected tribes in the Pacific Northwest offering government-to-government consultation on the proposed aluminum rule for fresh waters in Oregon. EPA
held two conference calls June 4 and June 13, 2019 with the interested tribal water quality staff to explain the Agencys proposed action and timeline.
No tribes requested formal governmentto-government consultation on this rulemaking. EPA has continued to apprise the tribes of the status of its final action.
H. Executive Order 13045 Protection of Children From Environmental Health and Safety Risks EPA interprets Executive Order 13045
as applying only to those regulatory actions that concern environmental health or safety risks that the Agency
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