51A1 

## E OF IA AI

### NE 

## DEPARTMENT OF 

## ENVIRONMENTAL eiturEcrioN

PAUL 

### R LEPAGE GOVLIVIC 

### September 

## 112013 

# Ms Ellen Weitzler

# PE USEPANew England Region 1 6 Post Office 

### Square Suite 

### 100 Mail 

### code 

## OEPC62 Boston 

## MA021093912
Via 

### email weitzlerollenEPAuov Dear

# Ms Weitzler PATRICIA

## W AI10 cobwssicwER



### Please accept this letter in response to 

## EPAs solicitation ofpublic 

## comment on whether 

## Maines water quality standard revisions submitted to 

## EPAon January 

## 9 2013 apply within Indian Territories 

## EPAs notice states that it is seeking additional 

## comments on these 

### proposed revisions 

### because 

## some members ofthe public 

## may have been unaware that the State intended to apply these standards to Indian Territory 

### The notice states that 

### because 

## DEPs own notice of rulemaking did not explicitly indicater that 

## DEP intended to apply these standards to Indian Territory the public 

## mayhave been confused 

# We are puzzled by this for several 

### reasons First as 

## EPA is

## aware notices ofenvironmental rulemaking in 

### Maine do not expressly state that the 

### proposed regulation 

### would apply to Indian Territory

### because 

## Maines regulatory urisdiction applies uniformlythroughout the 

### State including to Indian lands 

### and waters 30

# MRSA § 

## 6204 Never before has 

## EPA said that a state rulemaking notice in 

### Maine is deficient problematic or confusing 

### because it did not 

### expressly indicate thatthe rule

### would apply to Indian Territory 

### Moreover the public 

## comments show that there

## was no such confusion 

## The Penobscot Nation 

### and Houlton Band of Maliseet Indians submitted extensive 

## comments addressing 

### whether the standards 

### would adequately protect 

### sustenance fishers 

# We have no reason to believe 

### any 

## member ofthe public 

## was confused about 

### whether these revisions 

### would apply to Tribal Territory 

### and every reason to believe that 

### Maines Tribes 

### were well informed about this 

### Therefore 

## we do not believe there is

### anyjustification for

## EPA to hold a

## second duplicative federal notice 

### and 

## comment process 

### on these revisions
Additionally to the extent 

## EPA believes that these revisions are substantively 

### inadequate or otherwise 

### flawed the 

### agency 

## was required 

### by law to so inform 

## DEP of that within 

### 90 days of their

### submission 33

# USC§ 1313c3

A L1CUSTA 17 STATE HOUSE STATION BANGOR FOR FLAND PRESQUE ISLE Aur LISTA MA INF 043330017 106 HOCAN 

### ROAD SUITE 6 n2CANCO ROAD 1235 CENTRAL DRIVE SKYWAY PARK 207 21i77618 FAX 207 2327824 

### BANGOR MAINE 04401 PORTLAND XiA INE 04103 PRESQUE ISLE MAINE 047692094 RAY 

### BLDG HOSPITAL ST 207 4414570 FAX 207 9114514 207 0226300 FAX 2071 0226103 207 7640 i77 FAX 201 7603143 web $1e wwwmkinegrivrlep

## Case

## 114cv00264JDL Document

## 715 Filed 

## 092514 Page 2 of2 

## Page ID 

## 450

Maine 

## DEPComments September 1112013 Page 2 of 2 Notice 

### on Indian Territories



## EPA has no authority to defer that determination until the completion of a separate notice 

### and 

## comment process and even ifthe 

### agency were to conclude 

## now that there are 

### problems with the revisions it has 

### no authority to require 

### changes to

## them 

## DEP professional staff

### worked hard todevelop these standards using methodologies 

## EPA hasendorsed and based on sitespecific local empirical 

### data as 

## EPA prefers In doing 

## sowe took seriously all the 

### comments 

## we received including 

### fromthe Tribes 

### and 

## EPA staff 

# We are convinced that these standards are fully protective of

## human health including for sensitive subpopulations that

### engage in 

### sustenance fishing Accordingly 

## we ask that

## EPA promptly confirm thatthese standards are 

### approved and effective throughout the 

### State including to Indian Territory

Sincerely



### Commissioner



# Cc Mick 

## Kuhns Director

# BLWQ DEP Brian 

## Kavanah Director

# DWQM DEP Jerry

### Reid

## AAG OAG