## EtttiSTOOK 

# BAND OF 

# NII11AS 11 I 

# u nr1

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 ofthe 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 ofTribal 

### members and the cultural heritage 

### ofthe 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### Maine is utilizing inaccurate and outdated fish consumption information that does not pertain to the Aroostook 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

### Miemacswas 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 theirstatus as Native 

### Americans ortheir fish consumption rates In addition 

## we are unclear 

## how the survey accounted forsuppressed fish consumption rates due to contaminant concerns and the poorcondition of

### some of 

### Maines fisheries Since receiving federal recognition in 

### 1991 the demographics ofthe Aroostook 

### Band ofMicrnacs 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 ourconcern 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### Maine is utilizing inaccurate and outdated fish consumption information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 ajoint EPAffribal Direct Implementation Cooperative 

### Agreement 

# DITCA that 

### was commissioned 

# efiegitfrirfrW151r5friby 

## EPA to inform the water quality standard process For thisproject 

## EPAworked cooperatively with the 

### Maine Tribes to collect sound scientific data documenting Tribal cultural practices and resource utilization patterns in the form ofTribal exposure scenarios This report 

### was also thoroughly peer

### reviewed bya panel ofsubject matterexperts including risk assessors anthropologists toxicologists ecologists and Tribal cultural experts In fact the panel ofpeer 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 orapproving 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 ofinaccurate and outdated fish consumption information

## we are also concerned about arsenic contamination in heavily 

### consumed commercial foods including 

### brown rice and applejuice Since rice cereal constitutes a primaryfood ofinfants and apple juice iswidely 

### consumed by children and these foods have recently been 

### documented to contain unacceptable concentrations ofarsenic 

## 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 bestpracticable treatment standards and 

### Maine discharges have apparently 

### met the previously standards Therefore 

## why is 

### Maine not compliant with the antidegradation standard ofthe Clean 

### Water 

## Act As an example of

## whywe are concerned about protection ofour natural resources by the State of

### Maine the State of

### Maine has allowed an abutting property 

### ownerto spill 

### raw domestic 

### sewage on Tribal trust lands 

### ofthe 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 

### membersand employees ofthe Aroostook 

### Band of Iviiemacs because the location ofthe 

### sewage spills is the site ofan 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 

### membersgather aquatic plants and other resources at this location For cultural activities
In addition without notifying the Aroostook 

### Band ofMiernacs 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 

### ofTribal 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 ofadditional remediation due to the stormwater discharge Please note that 

### upon learning ofboth the sewage spills and the stonnwater permit issue the local 

### Presque Isle office ofthe 

### Maine Department ofEnvironmental Protection 

### worked to develop a 

### mechanism to ensure that the occurrence 

### offuture similarsituations is avoided and the 

### Maine Governors office has expressed a similardesire to 

### work toavoid future such 

# o5firitrifrfriff5frirOWryi

4roos1ook Band of 

### hymns Page 2issues 

### However 

## we are 

## now concerned that despite the best intentions ofthe 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 ofcooperation will continue in the future In fact until the current 

### Maine gubernatorial administration in the past there 

### was no interest 

### on behalf ofthe 

### Maine Governors office in protecting Tribal resources or in even engaging in environmental issues dialogue with the Aroostook 

### Band ofIvliemaes Given that gubernatorial administrations 

### change and state environmental protection stalTchange the Aroostook 

### Band ofMicmacs is very concerned that in the future Tribal resources 

## mayonce again be threatened 

### by activities sanctioned by the State of

### Maine Therefore 

## we do not believe that it is protective ofTribal resources norappropriate for

## EPA to approve the State of 

### Maines request to implement its water quality standards program in the territories ofthe 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 forthe benefit ofthe Aroostook 

### Band of

### Miemacs Consistent with this trust doctrine it is not appropriate nordoes 

## lPAhave the authority to delegate its federal Mist responsibility to another entity orin 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 ofthe Aroostook 

### Band of

## Miemaes and that

## EPA maintain water quality standard authority in the territories ofthe Aroostook 

### Band of

### Micmacs Thank you forconsidering our

### comments and foryour attention to this extremely important matter
Sincerely



### Edward Peter Paul Tribal Chief



# Leleff4Wrielf11054514

Aroostook Band ofAtionacs Pagv 3