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Federal Register / Vol. 86, No. 52 / Friday, March 19, 2021 / Rules and Regulations has reason to believe may disproportionately affect children, per the definition of covered regulatory action in section 2202 of the Executive order. This action is not subject to Executive Order 13045
because it does not concern an environmental health risk or safety risk.
I. Executive Order 13211 Actions that Significantly Affect Energy Supply, Distribution, or Use This action is not a significant energy action because it is not likely to have a significant adverse effect on the supply, distribution, or use of energy.
J. National Technology Transfer and Advancement Act of 1995
This rule does not involve technical standards.
K. Executive Order 12898 Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations EPA believes that this action does not have disproportionately high and adverse human health or environmental effects on minority populations, low income populations and/or indigenous peoples, as specified in Executive Order 12898 59 FR 7629, February 16, 1994.
The freshwater criteria for aluminum in Oregon will support the health and
abundance of aquatic life in Oregon, and will therefore benefit all communities that rely on Oregons ecosystems.
L. Congressional Review Act CRA
This action is subject to the CRA, and EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a major rule as defined by 5 U.S.C. 8042.
List of Subjects in 40 CFR Part 131
Environmental protection, Incorporation by reference, Indianslands, Intergovernmental relations, Reporting and recordkeeping requirements, Water pollution control.
This document of the Environmental Protection Agency was signed on December 30, 2020, by Andrew Wheeler, Administrator, pursuant to the Third Amended Consent Decree in Northwest Environmental Advocates v.
EPA, No. 15cv0663BR D. Ore., Mar.
16, 2020. That rulemaking document with the original signature and date is maintained by EPA. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the undersigned EPA Official re-signs the document for publication, as an official document of the Environmental Protection Agency. This administrative process in no way alters
14845

the legal effect of this document upon publication in the Federal Register.
Signed in Washington, DC.
Jane Nishida, Acting Administrator.

For the reasons set forth in the preamble, EPA amends 40 CFR part 131
as follows:
PART 131WATER QUALITY
STANDARDS
1. The authority citation for part 131
continues to read as follows:

Authority: 33 U.S.C. 1251 et seq.

Subpart DFederally Promulgated Water Quality Standards

2. Add 131.47 to read as follows:

131.47 Aquatic life criteria for aluminum in Oregon.

a Scope. This section promulgates aquatic life criteria for aluminum in fresh waters in Oregon that are jurisdictional under the Clean Water Act.
b Criteria for aluminum in Oregon.
The aquatic life criteria in Table 1 to this paragraph b apply to all fresh waters in Oregon that are jurisdictional under the Clean Water Act to protect the fish and aquatic life designated uses.

TABLE 1 TO PARAGRAPH bALUMINUM AQUATIC LIFE CRITERIA FOR OREGON FRESH WATERS
Metal
CAS No.

Aluminum 1 2

7429905

Criterion maximum concentration CMC 3
g/L

I

Criterion continuous concentration CCC 4
g/L

Acute CMC and chronic CCC freshwater aluminum criteria values for a site shall be calculated using the 2018 Aluminum Criteria Calculator Aluminum Criteria Calculator V.2.0.xlsx, or a calculator in R or other software package using the same 1985 Guidelines calculation approach and underlying model equations as in the Aluminum Criteria Calculator V.2.0.xlsx, as defined in EPAs Final Aquatic Life Ambient Water Quality Criteria for Aluminum.5

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1 To apply the aluminum criteria for Clean Water Act purposes, criteria values based on ambient water chemistry conditions must protect the water body over the full range of water chemistry conditions, including during conditions when aluminum is most toxic.
2 These criteria are based on aluminum toxicity studies where aluminum was analyzed using total recoverable analytical methods. Oregon may utilize total recoverable analytical methods to implement the criteria. For characterizing ambient waters, Oregon may also utilize, as scientifically appropriate and as allowable by State and Federal regulations, analytical methods that measure the bioavailable fraction of aluminum e.g., utilizing a less aggressive initial acid digestion, such as to a pH of approximately 4 or lower, that includes the measurement of amorphous aluminum hydroxide yet minimizes the measurement of mineralized forms of aluminum such as aluminum silicates associated with suspended sediment particles or clays. Oregon shall use measurements of total recoverable aluminum where required by Federal regulations.
3 The CMC is the highest allowable one-hour average ambient concentration of aluminum. The CMC is not to be exceeded more than once every three years. The CMC is rounded to two significant figures.
4 The CCC is the highest allowable four-day average ambient concentration of aluminum. The CCC is not to be exceeded more than once every three years. The CCC is rounded to two significant figures.
5 EPA822R18001, Final Aquatic Life Ambient Water Quality Criteria for Aluminum2018, December 2018, is incorporated by reference into this section with the approval of the Director of the Federal Register under 5 U.S.C. 552a and 1 CFR part 51. All approved material is available from U.S. Environmental Protection Agency, Office of Water, Health and Ecological Criteria Division 4304T, 1200 Pennsylvania Avenue, NW, Washington, DC 20460; telephone number: 202 5661143, www.epa.gov/wqc/aquatic-life-criteria-aluminum. It is also available for inspection at the National Archives and Records Administration NARA. For information on the availability of this material at NARA, email fedreg.legal@nara.gov or go to www.archives.gov/federal-register/cfr/ibr-locations.html.

c Applicability. 1 The criteria in paragraph b of this section are the applicable acute and chronic aluminum aquatic life criteria in all fresh waters in Oregon that are jurisdictional under the
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Clean Water Act to protect the fish and aquatic life designated uses.
2 The criteria established in this section are subject to Oregons general rules of applicability in the same way and to the same extent as are other federally promulgated and state-adopted
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numeric criteria when applied to fresh waters in Oregon that are jurisdictional under the Clean Water Act to protect the fish and aquatic life designated uses.
3 For all waters with mixing zone regulations or implementation procedures, the criteria apply at the
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