EtttiSTOOK BAND OF NII11AS

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September 9 2013

Ms Ellen Weitzler

US EPA New England

5 Post Office Square Suite 100

Mailcode 0E110602

Boston MA 021092912

Re EPAs Review of Maine Water Quality Standard Revisions as they Apply in Indian

Territoties

Dear Ms Weitzler

Please accept this correspondence as the Aroostook Band of Micmacs official comments

regarding EPAs review of Maine Water Quality Standard Revisions as they Apply in Indian

Territories While we disagree with the assertion that Maine has adequate authority to

implement its water quality standards program in the territories of the Aroostook Band of

Micmacs we are particularly concerned 1vith regard to potential environmental impacts and

the effect olthis decision on Tribal natural resources upon which the health of Tribal

members and the cultural heritage of the Tribe depends

In particular we are concerned that Maine is utilizing inaccurate and outdated fish

consumption information that does not pertain to the Aroostook Band of Micmacs According

to EPAs review Maine utilized a 1990 survey of licensed Maine anglers to set the fish

consumption rates however the Aroostook Band of Miemacs was not even federally

recognized at that time the Tribe did not receive federal recognition until 1991 and it is

unclear if Micmac Tribal members underreported their status as Native Americans or their

fish consumption rates In addition we are unclear how the survey accounted for suppressed

fish consumption rates due to contaminant concerns and the poor condition of some of

Maines fisheries Since receiving federal recognition in 1991 the demographics of the

Aroostook Band of Micrnacs including fishing and fish consumption activities have changed

significantly but this has also not been considered in the proposed water quality standards

revisions

Concomitant with our concern that Maine is utilizing inaccurate and outdated fish

consumption information we are puzzled that EPA and Maine did not consider the 2009

Wabanaki Traditional Cultural Lifeways Exposure Scenario that resulted from a joint

EPAffribal Direct Implementation Cooperative Agreement DITCA that was commissioned

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by EPA to inform the water quality standard process For this project EPA worked

cooperatively with the Maine Tribes to collect sound scientific data documenting Tribal

cultural practices and resource utilization patterns in the form of Tribal exposure scenarios

This report was also thoroughly peerreviewed by a panel of subject matter experts including

risk assessors anthropologists toxicologists ecologists and Tribal cultural experts In fact

the panel of peer reviewers included representatives of Maines Centers for Disease Control

and other state agencies Finally this report is also easily accessible via EPAs website see

httpwwwepagoviregionligovttribesndfsDITCApdt Since EPA is required by law to

have sufficient information to protect designated Tribal uses when reviewing or approving

water quality standards applications why was this relevant contemporary and thoroughly

reviewed inibnnation not considered in the water quality standard setting process

Along with our concerns regarding the use of inaccurate and outdated fish consumption

information we are also concerned about arsenic contamination in heavily consumed

commercial foods including brown rice and apple juice Since rice cereal constitutes a

primary food of infants and apple juice is widely consumed by children and these foods have

recently been documented to contain unacceptable concentrations of arsenic how has this

information been considered in calculating the arsenic water quality standard

Also with regard to arsenic the Clean Water Act requires discharge limits to be established to

contbrm to best practicable treatment standards and Maine discharges have apparently met

the previously standards Therefore why is Maine not compliant with the anti degradation

standard of the Clean Water Act

As an example of why we are concerned about protection of our natural resources by the State

of Maine the State of Maine has allowed an abutting property owner to spill raw domestic

sewage on Tribal trust lands of the Aroostook Band of Micmacs on at least two occasions and

in both instances the Tribe was not notified about the spills for several days subsequent to the

spills This presented a serious health risk for Tribal members and employees of the

Aroostook Band of Iviiemacs because the location of the sewage spills is the site of an active

water quality monitoring location employees come in direct contact with the affected stream

during water sample collection activities and while conducting water quality physical

measurements and Tribal members gather aquatic plants and other resources at this location

For cultural activities

In addition without notifying the Aroostook Band of Miernacs at a location adjacent to the

domestic sewage spills the State of Maine has granted an abutting property owner a

stormwater discharge permit to discharge onto Tribal lands This particular discharge is of

significant concern for the Aroostook Band of Micmacs because the discharge originates at a

military vehicle rebuild facility vehicles are disassembled at the site for refurbishment and

has resulted in the contamination of Tribal land with oily waste solvents and other chemicals

Although this area was previously remediated by the United States Air Force it is now in need

of additional remediation due to the stormwater discharge

Please note that upon learning of both the sewage spills and the stonnwater permit issue the

local Presque Isle office of the Maine Department ofEnvironmental Protection worked to

develop a mechanism to ensure that the occurrence of future similar situations is avoided and

the Maine Governors office has expressed a similardesire to work to avoid future such

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issues However we are now concerned that despite the best intentions of the local office of

the Maine Department of Environmental Protection and the Maine Governors office there is

no formal or institutional mechanism to ensure that this spirit of cooperation will continue in

the future In fact until the current Maine gubernatorial administration in the past there was

no interest on behalf of the Maine Governors office in protecting Tribal resources or in even

engaging in environmental issues dialogue with the Aroostook Band of Ivliemaes Given that

gubernatorial administrations change and state environmental protection stalTchange the

Aroostook Band of Micmacs is very concerned that in the future Tribal resources may once

again be threatened by activities sanctioned by the State of Maine Therefore we do not

believe that it is protective of Tribal resources nor appropriate for EPA to approve the State of

Maines request to implement its water quality standards program in the territories of the

Aroostook Band of Micmaes

Finally as we have previously communicated to EPA as a federal trustee for Tribal resources

EPA has a fiduciary responsibility to ensure that Tribal resources are protected from

environmental degradation for the benefit of the Aroostook Band of Miemacs Consistent

with this trust doctrine it is not appropriate nor does lPA have the authority to delegate its

federal Mist responsibility to another entity or in this case the State of Maine Accordingly

we respectfully request that EPA deny the State of Maines request to implement its water

quality standards program in the territories of the Aroostook Band of Miemaes and that EPA

maintain water quality standard authority in the territories of the Aroostook Band of Micmacs

Thank you for considering our comments and for your attention to this extremely important

matter

Sincerely

Edward Peter Paul

Tribal Chief

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