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 MA 021093912

Via email weitzlerollenEPAuov

Dear Ms Weitzler

PATRICIA W AI 10

cobwssicwER

Please accept this letter in response to EPAs solicitation of public comment on whether

Maines water quality standard revisions submitted to EPA on January 9 2013 apply

within Indian Territories

EPAs notice states that it is seeking additional comments on these proposed revisions

because some members of the 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 may have been confused We are puzzled by

this for several reasons First as EPA is aware notices of environmental rulemaking in

Maine do not expressly state that the proposed regulation would apply to Indian

Territory because Maines regulatory urisdiction applies uniformly throughout 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 that the 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 of the 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 any justification 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

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EPA005170
Case 114cv00264JDL Document 715 Filed 092514 Page 2 of 2 Page ID 450

Maine DEP Comments

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 if the 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 to develop these standards using methodologies

EPA has endorsed and based on sitespecific local empirical data as EPA prefers In

doing so we took seriously all the comments we received including from the 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 that these 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

EPA005171