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PENOBSCOT NATION

WATER QUALITY STANDARDS

September 5 2014

TABLE OF CONTENTS

SUBCHAPTER I GENERALPROVISIONS 1

Section 101 Purpose 1

Section 102 Applicability 1

Section 103 Definitions 2

Section 104 Authorities andResponsibilities 6

Section 105 Revisions to Penobscot Water Quality Standards 6

Section 106 Severability 12

Section 107 WaterRights 12

Section 108 Collaboration with Federal and State Agencies 12

Section 109 Dispute Resolution 12

SUBCHAPTER II ANTIDEGRADATION POLICY AND IMPLEMENTATION PLAN 12

Section 201 AntidegradationPolicy 12

Section 202 Implementation13

SUBCHAPTER III NARRATIVE WATER QUALITY STANDARDS 15

Section 301 GeneralStandards 15

Section 302 Temperature17

Section 303 Minerals 17

Section 304 RadioactiveMaterials17

Section 305 Determining Compliance with Narrative Standards 17

Section 306 Biological Criteria 18

Section 307 Mixing Zones 18

Section 308 Wetlands 20

Section 309 Lakes andPonds 20

SUBCHAPTER IV DESIGNATED STANDARDS USES AND ASSOCIATED NUMERIC WATER QUALITY

20

Section 401 List of Designated Uses and Associated Standards 20

Section 402 Designated Use Modifications 24

Section 403 Designated UseTable24

Section 404 Application andConstruction30

Section 405 Additional Numeric Water Quality Criteria 31

SUBCHAPTER V SAMPLING AND ANALYSIS VARIANCES AND EXCEEDANCES 31

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Section 501 Sampling andAnalysis31

Section 502 Variances 31

Section 503 Compliance Schedules 33

APPENDICES

I Organoleptic Effect Criteria

II Aquatic Life Criteria

Table A Parameters for Calculating Freshwater Dissolved Metals CriteriaThat

Are Hardness Dependent

III Ammonia Criteria

Table A Chronic Criteriafor Total Ammonia In mg Nitrogen L When Early Fish

Life Stages Are Present

Table B Chronic Criteriafor Total Ammonia In mg Nitrogen L When EarlyFish

Life Stages Are ABSENT

Table C Total Ammonia Acute Criteria mg Nitrogen L

IV Human Health Criteria

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PENOBSCOT NATION

WATER QUALITY STANDARDS

September 5 2014

SUBCHAPTER I GENERAL PROVISIONS

Section 101 Purpose

A Pursuant to its inherent sovereign authority to protect the health and welfare of its

members and its political integrity and economic security the Penobscot Nation hereby enacts

these Penobscot Water Quality Standards “PWQS” or “Standards” The purpose of these

Standards is to protect maintain and improve the quality of Penobscot Waters for public and

private drinking water supplies to promote the habitation growth and propagation of native and

other desirable aquatic plant and animal life to protect existing and future domestic cultural

agricultural recreational and industrial uses and to protect any other existing and future

beneficial uses of Penobscot Waters including economic uses Penobscot people have resided

upon Penobscot Waters and have depended upon fish plants and wildlife from those waters for

their physical cultural and spiritual survival from time immemorial The Penobscot Nation in

its government togovernment dealings with the Commonwealth of Massachusetts the State of

Maine and the United States has ceaselessly worked to protect Penobscot Waters and the fish

plant and wildlife habitats therein Through these Standards the Penobscot Nation exercises its

sacred stewardship of the river from which it derives its name and upon which its people derive

their identity To carry out these purposes these Standards

1 Designate the existing and attainable uses for which Penobscot Waters shall be

protected

2 Prescribe water quality standards to sustain these designated uses and

3 Assure that degradation of Penobscot Waters shall be minimized and that

economic growth shall occur consistent with preserving the Nation’s existing

clean water resources

B An additional purpose of the Penobscot Nation in enacting these Standards is to achieve

at least the minimumlevel of water quality required by the law of the State of Maine

Section 102 Applicability

These Standards apply to all Penobscot Waters and to all persons and all activities within

the Penobscot Nation These Standards will become applicable and effective for purposes of the

Clean Water Act 33 USC 12511387 if and to the extent they are approved by EPA

pursuant to Clean Water Act 303 c 33 USC 1313c Once effective these Standards

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shall supersede and replace any preexisting water quality standards enacted by the Penobscot

Nation

Section 103 Definitions

A For purposes of these PWQS

1 Acute Criteria means a onehour average concentration in ambient waters which

should not be exceeded more than once every three years on average In general

acute criteria thresholds are higher than those for chronic criteria

2 Acute Toxicity means toxicity that exerts shortterm lethal impacts on

representative sensitive organisms with a duration of exposure generally less than

or equal to 96 hours Acute toxicity may include other effects such as but not

limited to behavioral changes or immobilization

3 Attainable Use means a use of water that has the water quality and all other

characteristics necessary to support and maintain such use or that would support

and maintain such use after the implementation of these Standards

4 Best Management Practices means methods measures or practices undertaken to

prevent or reduce the pollution of Penobscot Waters including to control restrict

or diminish nonpoint sources of pollution and that are consistent with these

Standards

5 Bioaccumulation means the process of a chemical accumulating in a biological

food chain by being passed from one organism to another as the contaminated

organism is consumed by another organism

6 Chronic Criteria means the fourday average concentration of a pollutant in

ambient water which should not be exceeded more than once every three years on

average Generally chronic criteria thresholds are lower than those for acute

criteria

7 Chronic Toxicity means toxicity that exerts sublethal negative effects such as

growth or reproductive impairment or which becomes lethal after long term

exposure generally measured by a 28day test on representative sensitive

organisms

8 Clean Water Act “CWA” means the federal Clean Water Act codified at 33

USC 12511387 as amended

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9 Confirmed Sustenance Fishing and Hunting Rights means the rights of Penobscot

members to take fish including anadromous and catadromous fish and wildlife

including waterfowl muskrat and beaver for their sustenance as confirmed by

Congress pursuant to the Maine Indian Claims Settlement Act 25 USC

17211735 ratifying 30 MRSA 62016214

10 Criteria means elements of water quality standards that are expressed as pollutant

concentrations levels or narrative statements representing a water quality that

supports a particular designated use When criteria are met water quality should

protect the designated use

11 Cultural and Ceremonial Use means a use of water for cultural religious and

traditional practices by members of the Penobscot Nation Such use involves the

intentional and incidental ingestion of water immersion into or inhalation of

water or use of sediments

12 Designated Use means a use of water described in Section 401 that is to be

protected under these Penobscot Water Quality Standards

13 Director means the Director of the Penobscot Nation’s Department of Natural

Resources “DNR” or his or her designee

14 EPA means the US Environmental Protection Agency

15 Effluent means a discharge into Penobscot Waters from otherthan natural

sources

16 Ephemeral Water means a water body that flows temporarily in direct response to

precipitation or snowmelt and with a channel that is always above the water table

17 Existing Uses means those uses actually attained in a water body on or after

November 28 1975 whether or not they are referred to in these Standards

18 Geometric Mean means a mean calculated by converting all values to logarithms

averaging the logarithms and determining the antilogarithm of that average

19 Intermittent Stream means a stream or reach that flows only at certain times of the

year when receiving flow from springs melting snow or localized precipitation

It also means a stream or reach that does not flow continuously when water losses

from evaporation or seepage exceed available stream flow

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20 Mixing Zone means a threedimensional zone in which discharged effluent mixes

with the receiving water and within which there is a gradation of water quality

21 Nonpoint Source means a source of pollution that is not a discernible confined

and discrete conveyance for example surface runoff

22 NTU means nephelometric turbidity unit which is a unit of turbidity based on a

standard method using formazin polymer or its equivalent as the standard

reference suspension NTUs are numerically identical to formazin turbidity units

23 Oil means oil in any form including but not limited to petroleum crude oil

gasoline diesel oil lubricating oil oil refuse sludge vegetable oil animal oil

and oil mixed with waste

24 Penobscot Indian Reservation means the Penobscot Indian Reservation confirmed

by Congress pursuant to the Maine Indian Claims Settlement Act 25 USC

17211735 ratifying 30 MRSA 62016214

25 Penobscot Nation or Nation means with regard to territory a all land including

submerged lands and banks of lands that may be dry for part of the year and

waters within the Penobscot Indian Reservation including but not limited to

submerged lands and waters in which Penobscot Nation tribal members enjoy

Confirmed Sustenance Fishing and Hunting Rights notwithstanding the issuance

of any patent and including rightsofway running through such lands and waters

and notwithstanding the presence of manmade items like dams piers abandoned

boom piers abandoned logs bridge supports or other structures or things that

may exist on or in such lands and waters and b all land and waters outside of

the Penobscot Indian Reservation acquired by the United States and held in trust

on behalf of the Penobscot Nation

26 Penobscot Waters means all surface waters including but not limited to all or

portions of rivers streams including perennial intermittent and ephemeral

streams and their tributaries lakes ponds marshes waterways wetlands

sloughs wet meadows impoundments riparian areas springs and all other

bodies or accumulations of surface water natural or artificial public or private

including those dry for part of the year that are within or bordering upon the

Nation Consistent with federal requirements the Nation may exclude from

Penobscot Waters certain waste treatment systems

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27 Perennial Water means a flowing or non flowing surface water that is present

continuously throughout the year

28 Person means any individual partnership company corporation firm

association or society any federal state or local government or any of its

programs agencies or other subdivisions or any Indian tribe including the

Penobscot Nation or any tribal agencies divisions departments programs

enterprises companies or other entities

29 Point Source means any discernible confined and discrete conveyance including

but not limited to any pipe ditch channel tunnel conduit well discrete fissure

landfill leachate collection system container or concentrated animal feeding

operation “CAFO” from which pollutants are or may be discharged into a water

body The term does not include agricultural storm water discharges except from

CAFOs or return flows from irrigated agriculture

30 Pollutant means any type of contaminant including but not limited to toxic

substances hazardous substances dredge spoil solid waste sewage chemicals

pesticides herbicides fungicides rodenticides fertilizers incinerator residue

discarded equipment rock sand dirt sewage and oil regardless of whether in

liquid solid or gaseous form

31 Pollution means any manmade or maninduced alteration of the chemical

physical biological or radiological integrity of Penobscot Waters

32 Program Manager means the Water Resources Program Manager within the

Penobscot Nation Department of Natural Resources or his or her designee

33 Turbidity means a measure of the cloudiness or muddiness of water that causes

incident light to be scattered or absorbed rather than transmitted in straight lines

34 Water Body means any Penobscot Water including any portion thereof

35 Wetlands means areas that are inundated or saturated by surface or groundwater

frequently and long enough to support and that under normal circumstances do

support a prevalence of vegetation typically adapted for life in saturated soil

conditions The term generally includes swamps marshes bogs and similar

areas

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Section 104 Authorities and Responsibilities

The Penobscot Nation hereby delegates to the DNR Director the authority and duty to

administer these Standards The day today operations necessitated by these Standards are

delegated to the DNR Water Resources Program which operations include but are not limited to

sampling and monitoring water quality and preparing for the mandatory triennial review process

including any interim review of the Standards that may be needed The Water Resources

Program is also authorized to develop related water quality protection programs such as but not

limited to a CWA 319 nonpoint source management program CWA 401 certification

program or groundwater quality program in consultation with the Director and as approved by

the Penobscot Nation Chief and Tribal Council

Section 105 Revisions to Penobscot Water Quality Standards

A Triennial Review Consistent with CWA 303c1 33 USC 1313c1 as

amended the Nation through its Water Resources Program shall hold public hearings at least

once every three years to review and as appropriate revise these Penobscot Water Quality

Standards Revisions shall incorporate relevant scientific and engineering advances with respect

to water quality and shall be made pursuant to the public comment and hearing procedures

described in subsection B of this section Whenever the Nation revises or adopts a new standard

the revised or new standard shall be submitted to EPA for review pursuant to CWA 303 c2

33 USC 1313c2 as amended

B Public Comment and Hearing Any revisions to these Penobscot Water Quality

Standards shall be made pursuant to the following procedures

1 Public notice

The Program Manager shall provide the public with notice of any proposed

revisions to these PWQS by

a mailing or emailing notice to other Penobscot departments and programs

federal agencies and agencies of affected tribes and states that are likely to

have an interest in the rulemaking such as environmental agencies and

agencies and departments with jurisdiction over fish and wildlife and other

natural resources

b mailing or emailing notice to persons on a

list

maintained by the Water

Resources Program of persons who may be interested in or affected by the

proposed revisions to the PWQS

c publishing notice in a daily or weekly newspaper of general circulation at the

Penobscot Nation and

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d using any other method that the Program Manager finds to be appropriate for

eliciting public participation such as issuing a press release posting notice on

a web page or providing notice at a public or traditional forum

The notice shall provide at least 30 days for the public to comment in writing on

the proposed revisions

2 Public hearing

The Program Manager also shall provide a public hearing on proposed revisions

to these Standards so that comments may be made orally Notice of a public

hearing shall be made at least 45 days prior to the hearing unless there are no

substantial documents that must be reviewed for effective hearing participation

and no complex or controversial matters to be addressed in which case the notice

may be provided at least 30 days before the hearing Public notice of the hearing

may be made at the same time as public notice of the proposed revisions to the

PWQS and the two notices may be combined

3 Contents of notice

Public notices issued under this subsection shall contain the following

information

a Name and address of the office proposing the revisions

b A brief description of the proposed revisions

c Name address email address and telephone number of a person from

whom interested persons may obtain further information including copies

of the proposed revisions the proposed revisions also may be posted on a

website and the website address provided

d A brief description of the comment procedures and the time and place of

the public hearing

e The location of the administrative record the times at which the record

will be open for public inspection and a statement that all comments

submitted will be available as part of the administrative record and

f Any additional information that the Program Manager considers

appropriate to provide

If the public notice for a hearing is issued separately from the public notice of the

proposed revisions in addition to providing the information listed in

subparagraphs af of this paragraph 3 the public notice for the hearing shall

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reference the date of any previous public notices relating to the proposed revisions

and include a brief description of the nature and purpose of the hearing including

applicable procedures

4 Procedures for Public Hearing

a The Program Manager shall designate a Hearing Moderator for the public

hearing The Program Manager or a member of the staff of the Water

Resources Program or another program within DNR may serve as the

Hearing Moderator so long as the Hearing Moderator does not have a

financial interest in the outcome of the proposed revisions The public

hearing is not an adjudicative hearing and is conducted solely for the

purpose of providing an opportunity to the public to orally present their

views on the proposed revisions to the Standards The Hearing Moderator

shall be responsible for the orderly conduct of the public hearing but is not

empowered to make any findings of fact conclusions of law or

recommendations on the proposed revisions to the Standards

b Hearings shall be held at a time and place that facilitates attendance by the

public

c The Program Manager a member of the Water Resources Program staff

or the Hearing Moderator shall inform the audience of the issues involved

in the proposed revisions the considerations the Water Resources Program

and the Director will take into account the Director’s tentative

determinations if any to be recommended to the Penobscot Nation Chief

and Tribal Council and any information that is particularly solicited from

the public

d Any person may submit oral or written statements and information

concerning the proposed revisions to the Standards The Hearing

Moderator may set reasonable limits on the time allowed for oral

statements The Hearing Moderator shall allow the submission of written

statements at the hearing but shall not require a written statement instead

of or as a condition of making an oral statement

e A tape recording or written transcript shall be made of the hearing At the

conclusion of the hearing the Hearing Moderator shall forward to the

Director the record of the hearing which shall consist of the tape

recording or written transcript and any materials submitted at the hearing

The hearing record shall be made available to the public for review

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f If the Program Manager determines it is necessary after consultation with

the Director the Program Manager shall extend the public comment

period provided under paragraph B1 of this section to allow the record

to remain open for at least 20 days after the public hearing to provide an

opportunity for submission of rebuttal and supplementary information

5 Obligation to Raise Issues During the Public Comment Period

a All persons who believe that a proposed revision to the Standards should

be issued modified or withdrawn must raise all reasonably ascertainable

issues and submit all reasonably available arguments and facts supporting

their position including all supporting material by the close of the public

comment period

b The Program Manager in consultation with the Director may extend the

public comment period on his or her own initiative or on request if the

Program Manager determines that such extension is necessary to obtain

full public participation and may grant additional time to comment to any

person who demonstrates a need for such time

6 Reopening the Public Comment Period

a Whenever any data information or arguments submitted during the public

comment period appear to raise substantial new questions concerning a

proposed revision to the Standards or whenever the Water Resources

Program becomes aware of significant new information the Director may

take one of the following actions

i Withdraw the proposed revision to the Standards

ii Prepare a new proposed revision and direct the Program Manager

to reopen the public comment period or

iii Direct the Program Manager to reopen or extend the comment

period to give interested persons an opportunity to comment on the

information or arguments submitted

b The Program Manager shall issue public notice under paragraph B1 of

this section of any action taken pursuant to this paragraph 6 In addition

to the requirements of paragraph B1 of this section the notice for any

action taken to reopen the public comment period shall state the scope of

the reopening Such scope shall be limited to the substantial new

questions or significant new information that caused the reopening

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c If the comment period is reopened pursuant to subparagraphs aii or iii

of this paragraph 6 all reasonably available legal and factual grounds

concerning the substantial new questions or significant new information

including any supporting material shall be submitted in writing by a date

not less than 30 days after the date of the public notice issued pursuant to

subparagraph 6b Persons desiring to comment may request longer

comment periods which the Program Manager in consultation with the

Director may grant to the extent that the Program Manager finds is

necessary to effect the purpose of the reopening

7 Response to Comments and Administrative Record

a Response to comments

The final revisions to the Standards shall be accompanied by a response to

comments received The response shall fully consider all comments

received during the public comment period including any comments

received during a public hearing The response shall specify which of the

proposed revisions have been changed if any and the reasons for the

change briefly describe and respond to all significant comments raised

during the public comment period including the public hearing and be

made available to the public

b Administrative record

i The administrative record shall consist of

A The proposed revisions

B The public notice s

C All comments received during the public comment period

including comments received during any extension or

reopening of the public comment period

D The tape or transcript of the public hearing and any written

materials submitted at the hearing

E The response to comments and any new material that is

referenced in response to comments

F Any other documents contained in the supporting

file

for the

revisions to the Standards and

G The final revised Standards

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The documents required under this subparagraph 7bi shall be

added to the record as soon as possible after their receipt or issuance

The administrative record shall be complete upon issuance of the

revised Standards The administrative record shall be available for

public inspection beginning no later than the date of the public notice

despite not yet being complete

ii Material readily available at the DNR office or published material that

is generally available need not be physically included with the rest of

the administrative record

8 Issuance and Effective Date of Revised Standards

a The Director shall issue the final revised Standards based on the

administrative record

b The revised Standards shall become effective upon approval by the

Penobscot Nation General MeetingChief and Tribal Council

c The Program Manager shall give public notice of the adoption of the

revised Standards as soon as possible pursuant to paragraph B1 of this

section and shall mail or email a notice to the same persons as were mailed

or emailed notice of the proposed revisions as well as to all persons who

commented on the proposed revisions and to anyone else who requests to

receive notice

C Judicial Review

1 Exhaustion

Any person challenging revised Standards must have followed the procedures set

forth in subsection B of this section as a prerequisite to seeking judicial review

of the revised Standards

2 Notice of Appeal

A person may seek judicial review in the Penobscot Nation Tribal Court no later

than 30 days after the Director issues notice pursuant to subparagraph B8c

of this section of the revised Standards at issue

3 Filing the Administrative Record

Within 30 days following the date that a petition for review is filed pursuant to

paragraph 2 of this subsection C the Director shall file in the Penobscot

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Nation Tribal Court a certified index of the administrative record on which the

revised Standards were based

4 Standard for Review

The Court’s review shall be based on the administrative record The Court may

affirm reverse modify in whole or in part or remand to DNR for further

consideration any revised Standard provided that the Court may reverse modify

or remand only if the action at issue is arbitrary and capricious an abuse of

discretion or otherwise not in accordance with the law in excess of jurisdiction

or statutory authority without observance of procedure required by law or

unsupported by substantial evidence In no event shall the Court award damages

against the Nation

Section 106 Severability

If any provision of these Standards or the application of any provision of these Standards

to any person or circumstance is held to be invalid the remainder of these Standards and the

application of such provision to other persons or circumstances shall remain unaffected

Section 107 Water Rights

The water rights of the Nation and the authority of the Nation to allocate quantities of

water and administer water rights within its jurisdiction shall not be superseded abrogated or

otherwise impaired by these Standards

Section 108 Collaboration with Federal and State Agencies

The Nation will collaborate with federal and state agencies to prevent reduce and

eliminate water pollution in coordination with programs for managing water resources

Section 109 Dispute Resolution

If a dispute arises between the Nation and a state or another Indian tribe approved by

EPA to administer a water quality standards program due to differing water quality standards

between the two jurisdictions the Nation will follow the Dispute Resolution Mechanism

promulgated by EPA and found at 40 CFR 131.7 as may be revised from time to time

SUBCHAPTER II ANTIDEGRADATION POLICY AND IMPLEMENTATION PLAN

Section 201 Antidegradation Policy

A Existing water uses and the level of water quality necessary to protect existing water uses

shall be maintained and protected

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B Where existing water quality exceeds levels necessary to support existing uses including

but not limited to the protection and propagation of fish shellfish and wildlife and recreation in

and on the water that water quality shall be maintained and protected unless the Nation finds

after full interagency coordination and public participation that a lower level of water quality is

required in order to accommodate important economic or social development in the area of the

water in question In allowing such degradation of water quality the Nation shall nevertheless

ensure water quality adequate to protect existing uses fully

C The Nation shall mandate the highest statutory and regulatory requirements for all new

and existing point sources and the most cost effective and reasonable best management practices

for control of nonpoint source pollution

D Where high quality waters constitute an exceptional recreational cultural or ecological

resource of the Nation those waters may be designated as Outstanding Tribal Resource Waters

The existing water quality of Outstanding Tribal Resource Waters shall be fully maintained and

protected and no permanent degradation of such water quality shall be permitted for any reason

E This antidegradation policy includes protection against water quality impairment

associated with thermal discharges and shall be implemented consistent with CWA 316 33

USC 1326 as amended

Section 202 Implementation

A The Water Resources Program shall implement these Standards including the

antidegradation policy by establishing and maintaining controls on the introduction of pollutants

into Penobscot Waters and by taking the actions listed below in coordination with federal tribal

and state agencies as appropriate

1 Review the adequacy of existing data on Penobscot Waters including their

quality and designated uses as well as on any activities that may detrimentally

impact those waters and uses and obtain additional data where required

2 Monitor water quality to assess the effectiveness of pollution controls and to

determine whether designated uses are being supported and water quality

standards are being attained

3 Obtain and assess information on the impact of effluents on receiving waters

including the capability of receiving waters to support designated uses and

achieve these PWQS

4 Advise prospective dischargers of discharge requirements and coordinate with

the appropriate permitting agencies as to the same

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5 Require the highest and best degree of wastewater treatment practicable

commensurate with protecting and maintaining designated uses and existing water

quality

6 Develop water qualitybased effluent limitations and provide comment on

technology based effluent limitations as appropriate for inclusion in any permit

issued to a discharger pursuant to CWA 402 33 USC 1342 as amended

7 Require that effluent limitations or other appropriate limitations applicable to

activities with the potential to discharge into Penobscot Waters be included in any

permit as a condition for certification by the Nation pursuant to CWA 401 33

USC 1341 as amended

8 Coordinate water pollution control activities with other local tribal state and

federal agencies as appropriate

9 Develop and pursue inspection programs to ensure that dischargers comply with

the requirements of these Standards and to support the enforcement of federal

permits issued by the US Environmental Protection Agency or the US Army

Corps of Engineers

10 Provide technical assistance to wastewater treatment facility operators

11 Publish results of water quality investigations and interpretation of those results

11 Encourage in conjunction with other agencies implementation of best

management practices to control nonpoint sources of pollution and so to support

designated uses and meet these PWQS

12 Examine existing and future Penobscot Nation policies pertaining to septic

systems solid waste disposal and other relevant activities to ensure that those

policies are consistent with meeting these PWQS

13 Determine whether instream flows and water levels are adequate to support

designated uses and to meet these PWQS

14 Conduct an antidegradation analysis for regulated actions that may impair water

quality and

15 Implement specific policies and procedures to protect designated Outstanding

Tribal Resource Waters

B In the event that water quality monitoring identifies water bodies where attainable quality

is less than the water quality required under designated uses these Standards may be revised to

reflect actual attainability for those water bodies subject to the provisions of the Clean Water Act

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and consistent with the use attainability analysis described in 40 CFR 131.10 g as may be

revised from time to time

SUBCHAPTER III NARRATIVE WATER QUALITY STANDARDS

Section 301 General Standards

A All Penobscot Waters shall be free from pollution in amounts or combinations that for

any duration may with reasonable probability

1 Injure or otherwise adversely affect human health public safety or the public

welfare

2 Injure or otherwise adversely affect the habitation growth or propagation of

indigenous aquatic plant and animal communities or any individual member of

these communities of any desirable non indigenous member of these

communities or of waterfowl accessing the water body or otherwise adversely

affect the physical chemical or biological conditions upon which these

communities and their indigenous or desirable non indigenous members depend

3 Settle to form bottom deposits that injure or adversely affect the habitation

growth or propagation of indigenous aquatic plant and animal communities or

any member of these communities of any desirable non indigenous member of

these communities or of waterfowl accessing the water body or otherwise

adversely affect the physical chemical or biological conditions on which these

communities and their members depend

4 Cause physical chemical or biological conditions that promote the habitation

growth or propagation of undesirable non indigenous species of plant or animal life

in the water body

5 Cause solids oils grease foam scum or other objectionable floating materials

and suspended substances of a persistent nature to collect on the surface of the

water body including in the form of a film or iridescence or cause a deposit on a

shoreline bank or on aquatic vegetation

6 Cause objectionable or aesthetically undesirable color in the water body Color

producing substances from a single discharge other than natural sources may not

increase the color of any water body from background levels by more than 20

color pollution units The total increase in color pollution units caused by all

waste discharges to the water body must be less than 40 color pollution units from

background levels

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7 Cause objectionable odor in or in the area of the water body that would impair

any of the designated uses The criteria adopted to prevent organoleptic effects are

found in Appendix I

8 Cause objectionable taste in the water body or in edible plant fish or animal life

including waterfowl that reside in on or adjacent to the water body The criteria

adopted to prevent organoleptic effects are found in Appendix I

9 Cause objectionable turbidity Turbidity shall not reduce light transmission to a

point where aquatic biota are inhibited or to a point that causes an unaesthetic and

substantial visible contrast with the natural appearance of the water Specifically

turbidity shall not exceed 5 NTU over background when background turbidity is

50 NTU or less with no more than a 10 increase when background turbidity is

more than 50 NTU

10 Cause the growth of algae or aquatic plants that inhibit or prohibit the habitation

growth or propagation of other aquatic

life

or that impairthe Cultural and

Ceremonial Use or other designated uses

B Penobscot Waters shall be virtually free from pathogens Water used for irrigation of

table crops for example lettuce peppers or onions shall be virtually free of Salmonella and

Shigella species

C Toxic substances from other than natural sources and from algal toxins due to the growth

of algae caused by pollution shall not be present in Penobscot Waters in quantities

concentrations or combinations that are toxic to human animal plant or aquatic life that

interfere with the normal propagation growth and survival of sensitive indigenous aquatic biota

or that will or are reasonably expected to bioaccumulate in tissues of fish shellfish or other

aquatic organisms to levels that will impair the health of aquatic organisms or wildlife or result

in unacceptable tastes odors or health risks to humans There shall be no acute toxicity and no

significant chronic toxicity in any Penobscot Waters For toxic substances lacking EPA

published criteria biomonitoring data may be used to determine compliance with this standard in

accordance with EPA standard acute and chronic biological test protocols as listed in Section

305 Human health criteria shall be based on an ingestion rate of 286 grams per day of fish and

other aquatic organisms derived from the Wabanaki Traditional Cultural Lifeways Exposure

Scenario 2009 Resident fish and Aquatic life from Inland Non Anadromous diet and a cancer

risk level of 1 x 106

D No person shall place into Penobscot Waters or onto their banks in such a way as would

allow the materials to enter Penobscot Waters the following or similar materials refuse rubbish

demolition or construction debris trash garbage motor vehicles motor vehicle parts batteries

appliances tires other non ceremonial waste or fill sand or similar material except when used

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for the purpose of nonpoint source pollution control such as bank stabilization or as authorized

by a permit issued under CWA 404 33 USC 1344 as amended

Section 302 Temperature

A Normal seasonal variations of temperature in surface waters shall be maintained

However high water temperatures caused by unusually high ambient air temperatures are not

violations of these standards

B In a stream the introduction of heat by other than natural causes shall not increase the

temperature as measured upstream from the point of introduction by more than 2.7 C 5 F based on the weekly average of the maximum daily temperatures measured at middepth or three

feet whichever is less

C In no event shall any discharge cause the receiving water to exceed a weekly average

temperature of 66 F or a daily maximum temperature of 73 F When the ambient temperature

of the stream naturally exceeds the limits set forth in this section no discharge alone or

combined with others shall cause the instream temperature increase to exceed 0.5 F above the

receiving water temperature

Section 303 Minerals

The existing mineral content of Penobscot Waters shall not be altered by municipal

industrial or instream activities or other waste discharges so as to interfere with their designated

uses Generally increases exceeding one third over naturally occurring levels will not be

allowed

Section 304 Radioactive Materials

Concentrations of radioactive constituents shall not exceed EPA Safe Drinking Water Act

SDWA standards except when concentrations caused by naturally occurring materials exceed

those standards in which case the latter concentrations shall apply Notwithstanding the

foregoing sentence if a standard more stringent than the SDWA standard is indicated for a

designated use the more stringent standard will apply for that designated use

Section 305 Determining Compliance with Narrative Standards

Biomonitoring testing following current EPA test methods shall be used to determine

compliance with the narrative criteria in 301 through 303 provided that adequate funding is

available These protocols can be found in the publication Short Term Methods for Estimating

the Chronic Toxicity of Effluents and Receiving Waters to Freshwater Organisms 4th Ed

October 2002 EPA No 821R02013 or the most current edition Additionally the Nation

will rely on the following references

EPA001367
18

• EPA Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to

Freshwater and Marine Organisms 5th Ed October 2002 EPA No 821R02012 or the most

current edition

• EPA Technical Support Document For Water Qualitybased Toxics Control March

1991 EPA 505290001 or the most current edition

• EPA Quality Criteriafor Water The Gold Book May 1986 EPA 440586001 or the

most current edition

Section 306 Biological Criteria

A All Penobscot Waters shall be of sufficient quality to support aquatic species without

detrimental changes in the resident biological communities

B The Nation’s goal is that all Penobscot Waters will be free from substances whether

attributable to point source discharges nonpoint sources or instream activities in

concentrations or combinations which impair the structure or limit the function of the resident

aquatic community as it naturally occurs

C The structure and function of the resident aquatic community shall be measured by

biological assessment methods approved by the Program Manager which may include Maine

DEP Chapter 579 Classification Attainment Evaluation Using Biological Criteriafor Rivers and

Streams

D Determination of impairment or limitation of the resident aquatic community shall be

based on a comparison with the aquatic community found at an appropriate reference site or

region

Section 307 Mixing Zones

A A mixing zone is a defined and limited part of a water body adjacent to a point source of

pollution in which initial dilution of wastewater occurs and in which certain numeric water

quality standards may be exceeded provided that all the following requirements are met

1 Mixing zones shall be limited to perennial streams

2 All mixing zones shall have defined boundaries beyond which applicable water

quality standards shall be met

3 In no instance shall the narrative water quality standards in 301 be violated

4 In no instance shall the concentration of any toxic pollutant exceed the aquatic

habitat acute numeric standard for that pollutant The aquatic habitat acute

numeric standard for all toxic pollutants shall be met at the point of discharge

EPA001368
19

5 In perennial streams a continuous zone of passage around a mixing zone shall be

maintained in which all applicable water quality standards are met and which

provides for migration of aquatic life without exposure to pollutant concentrations

that exceed chronic toxicity for aquatic habitat numeric standards The mixing

zone shall be no larger than 25 of the cross sectional area or volume of low

flow and no wider than 50 of stream width

6 Mixing zones are prohibited for the following persistent bioaccumulative toxic

pollutants

a Aldrin Dieldrin

b Benzoapyrene

c Benzoperylene

d Chlordane

e DDT and its metabolites DDD and DDE

f Dioxin

g Furan

h Endrin

i Endrin aldelhyde

j Heptachlor

k Heptachlor epoxide

l Hexachlorobenzene

m Isodrin

n Lead and lead compounds

o Lindane

p Mercury

q Methoxychlor

r Mirex

s Octachlorostyrene u PCBs

t Pendimethalin

u Pentachlorobenzene

v Tetrabromobisphenol A

w Toxaphene and

x Trifluralin

B The Penobscot Nation will consider the requirements in subsection A15 of this

section in determining whether to grant a mixing zone

C The water quality criteria in these PWQS shall apply within a mixing zone unless specific

alternative criteria have been determined by the Director pursuant to the provisions of

Section 105B and approved by the Penobscot Nation Chief and Tribal Council and US EPA

EPA001369
20

Region 1 Mixing zones shall not be granted in lieu of reasonable control measures to reduce

point source pollutant discharges but will be granted to complement such control measures A

limited mixing zone serving as a zone of initial dilution in the immediate area of a point source

of pollution may be allowed if the conditions set out in this section are met

Section 308 Wetlands

All wetlands within the Penobscot Nation are Penobscot Waters and are subject to

narrative criteria and applicable antidegradation provisions unless sitespecific numerical criteria

have been assigned It shall be a goal of the Nation to maintain the water quality of wetlands at

natural background levels within the natural range of variation for the particular wetland For

substances that are not naturally occurring water quality requirements shall be based upon

protecting existing uses of the wetland consistent with antidegradation requirements the

Nation’s narrative water quality criteria or appropriate criteria guidance issued by the EPA

Wetlands shall not be considered as repositories or treatment systems for wastes from human

sources

Section 309 Lakes and Ponds

A All lakes and ponds within the Penobscot Nation are Penobscot Waters and are

subject to these Standards except that no permits may be issued under CWA Section 402 for

discharges into lakes and ponds within the Penobscot Nation

B All water bodies identified as either lakes or ponds in Section 403 Table 1 of these

Standards are described by their trophic state based on measures of the chlorophyll _ content

secchi disk transparency total phosphorous content and other appropriate criteria These waters

must have stable or decreasing trophic state subject only to natural fluctuations and must be free

from culturally induced algal blooms that impair their use and enjoyment

SUBCHAPTER IV DESIGNATED USES AND ASSOCIATED NUMERIC WATER

QUALITY STANDARDS

Section 401 List of Designated Uses and Associated Standards

The following are the designated uses forPenobscot Waters

A Domestic Water Supply The water body is used as a potable water supply for drinking or

cooking Disinfection or other processing may be required Standards specific to this use

expressed in mgL unless otherwise indicated and for dissolved state only are listed in Appendix

I and IV This use is the same as Maine’s “drinking water after treatment” use

B PrimaryHuman Contact Cultural and Ceremonial The water body is used for activities

that may cause the human body to come into direct contact with the water typically to the point

of submergence including probable ingestion inhalation of vapor or contact with membrane

EPA001370
21

material of the body Examples include swimming and cultural and ceremonial use Criteria

specific to this use are in Appendices I and IV Human Health Criteria In addition the

following standards shall apply

1 Bacteria

Geometric mean maximum Escherichia coli E coli may not exceed 100

colonies 100 ml during any 30day interval or may not exceed a Statistical

Threshold Value STV of 320 colonies 100 ml with a frequency of more than

10 during the same 30day interval

2 The open water shall be free from algae in concentrations causing a nuisance

condition or causing gastrointestinal or skin disorders or other adverse health

effects Water column chlorophyll _ concentrations shall not exceed 8 _gL

3 Concentrations of the following substances shall not exceed the following where

“Substance” means total unless otherwise indicated

Substance Criterion Substance Criterion

Diazinon 2.0 _gL Bariumdissolved 2.0 mgL

Ethylbenzene 0.7 mgL Beryllium dissolved 4.0 _gL

Methoxychlor 40.0 _gL Cadmium dissolved 5.0_gL

2,4Dicholorphen

oxyacetic acid

70.0 _gL Chromium

dissolved

0.1mgL

Toluene 1.0 mgL Cyanide amenable to

chlorination

0.2 mgL

Trihalomethanes

total

80.0 _gL Fluoride 4.0 mgL

Trichloroethylene 5.0 _gL Total inorganic

Nitrogen1

10.0 mgL

1,1,1Trichloro

ethane

0.20 mgL Mercury 1.72.0_g L acute

0.91_g L chronic

Xylenes total 10.0 mgL Selenium total

recoverable

50.0 _gL

Antimony

dissolved

6.0 _gL Thallium dissolved 2.0 _gL

1

Total Inorganic Nitrogen shall be calculated as Ammonia NH3 Ammonium NH4 Nitrate N03

Nitrite N02

4 pH range 6.5 –9.0

C Secondary Human Contact The water body is used for activities such as recreation that

may cause the water to come into direct contact with human skin but normally not to the point of

submergence ingestion or contact with human membrane material such contact would occur

EPA001371
22

only incidentally and infrequently Examples include fishing and boating Standards specific to

this use are as follows

1 Bacteria

Geometric mean maximum Escherichia coli E coli may not exceed 100

colonies 100 ml during any 30day interval or may not exceed a Statistical

Threshold Value STV of 320 colonies 100 ml with a frequency of more than

10 during the same 30day interval

2 pH range 6.08.5 6.5 –9.0

3 The open water shall be free from algae in concentrations causing a nuisance

condition or causing gastrointestinal or skin disorders

D Aquatic Life and Wildlife Habitat The water body is used by non domesticated plants

and animals including fish and aquatic insects that are not considered pathogens vectors for

pathogens or intermediate hosts for the pathogens of humans or domesticated livestock and

plants The water is used for direct consumption foraging habitat cover or propagation and

the aquatic ecosystem supports healthy aquatic life including sensitive indigenous species in all

of their life cycles Waters designated for this use shall not contain any substance at

concentrations that would be deleterious to any nondomesticated plant or animal that could

bioaccumulate or biomagnify to deleterious levels The acute and chronic criteria for aquatic life

listed in Appendices II and III apply Additionally the following criteria shall not be exceeded

Substance Criterion Substance Criterion

DDT and metabolites 11 ngL Mercury 1.1 ngL

PCBs total of all

forms

74 ngL Selenium total

recoverable

2 _gL

Note Substances are totals unless otherwise indicated

E HighQuality Coldwater Fishery The water body contains adequate water flow water

chemistry DO pH etc temperature and biological characteristics that are suitable for the

support and spawning of indigenous coldwater fish such as Brook trout landlocked salmon and

Atlantic salmon or their hybrids Standards specific to this use are as follows

1 Dissolved oxygen minimum7 mgl or75 of saturation whichever is higher

Spawning season October 1 –May 14 –to ensure spawning and egg incubation

of indigenous cold water species

Dissolved oxygen 7day mean 9.5 mgL

Dissolved oxygen 1day minimum 8.0 mgL

EPA001372
23

2 Daily maximum temperature 23C 73F

Weekly average temperature 19 C 66 F

3 pH range 6.68.8 6.5 –9.0

4 Turbidity 10 NTU

5 Conductivity at 25 C300 _mhoscm unless natural background is higher

6 Chlorine 2 _gL

In addition the acute and chronic criteria for aquatic life listed in Appendices II and III apply

F Coldwater Fishery The water body has a water temperature and other characteristics

that are suitable for the support of coldwater fish such as Brook trout landlocked salmon

Atlantic salmon or their hybrids Standards specific to this use are as follows

1 Dissolved oxygen minimum 5 mgl or60 of saturation whichever is higher

2 Daily maximum temperature 23C 73F

3 Weekly average temperature 19 C 66 F

4 pH range 6.68.8 6.5 –9.0

5 Total ammonia as N shall not exceed at any time EPA’s national recommended

Acute Criteria or exceed more than once in any threeyear period the Chronic

Criteriacontained in Appendix III

6 Total residual chlorine maximum 11_gL

In addition the acute and chronic criteria for aquatic life listed in Appendices II and III apply

H Fish Culture Water from the water body is used for production of coldwater or

warmwater fish in a hatchery or rearing station There are no numeric water quality standards

specific to this use The General Standards in 301 apply

I Sustenance Fishing The water body is used for carrying out sustenance fishing and is

necessary to provide a sufficient diet of fish to sustain a healthy population of members of the

Penobscot Nation Criteriaspecific to this use are in Appendices I and IV Human Health

Criteria

J Irrigation The water body is used for watering agricultural crops and other plants by

means of ditches pipes sprinkler systems water spreading berms or other artificial means

whether traditional historical or contemporary This use is similarto Maine’s “agriculture” use

Concentrations of the following substances shall not exceed the following criteria

EPA001373
24

Substance Criterion Substance Criterion

Aluminum dissolved 5.0 mgL Lithium dissolved 2.5 mgL

Boron dissolved 0.75 mgL Molybdenum dissolved 0.01 mgL

Cobalt dissolved 0.05 mgL Vanadium dissolved 0.1 mgL

Fluoride dissolved 1.0 mgL Uranium See 11234

K Livestock and Wildlife Watering The water body is consumed by livestock non

domestic animals including migratory birds or both for water supply habitation growth or

propagation Concentrations of the following substances shall not exceed the following criteria

Substance Criterion Substance Criterion

Aluminum dissolved 5.0 mgL Copper dissolved 0.5 mgL

Arsenic dissolved 0.2 mgL Fluoride dissolved 2.0 mgL

Boron dissolved 5.0 mgL Total Mercury 0.01 mgL

Cadmium dissolved 0.05 mgL Selenium total

recoverable

0.05 mgL

Chromium dissolved 1.0 mgL

Cobalt dissolved 1.0 mgL Vanadium dissolved 0.1 mgL

L Industrial Process and Cooling Water Supply The water body is used in conjunction

with the production of goods or services for profit There are no numeric water quality standards

specific to this use The General Standards in Section 301 apply

M Hydroelectric power generation The water body is used in conjunction with the

generation of hydroelectric power There are no numeric water quality standards specific to this

use The General Standards in Section 301 apply

N Outstanding Tribal Resource Waters These waters represent a unique sacred and

cultural resource of the Penobscot Nation due for example to their use their being part of the

traditional value system of the Penobscot Indian Nation or their uncharacteristic beauty They

are therefore given this most protective status to ensure their preservation Other waters whose

high quality makes them an exceptional recreational cultural or ecological resource of the

Nation may also be designated Outstanding Tribal Resource Waters pursuant to the procedures

in Section 105 The standards in Appendix IV shall apply to this use

Section 402 Designated Use Modifications

Modifications to designated uses including the addition or removal of a designated use or

establishment of a use subcategory may be made pursuant to the provisions of Section 105B

and consistent with the requirements of 40 CFR 131.10 as may be revised from time to time

Section 403 Designated Use Table

Table 1 identifies the designated uses for Penobscot Waters

EPA001374
25

Table 1

Designated Uses _

Domestic Water SupplyPrimary Human Contact Cultural

andCeremonial

Secondary Human ContactAquatic Life

andWildlife Habitat

HighQuality Coldwater Fishery

Coldwater Fishery

Fish CultureSustenance FishingIrrigationLivestock

andWildlife Watering

Industrial Process

andCooling Water Supply

Hydroelectric power generationOutstanding Tribal Resources Waters

Location Surface Water _

Penobscot

Indian

Reservation

Penobscot River

Confluence of East

West Branch to

Mattawamkeag

River

X X X X X X X X X X X

Penobscot River

Confluence of

Mattawamkeag

River to Milford

Dam

X X X X X X X X X X X X

East Branch

Penobscot River

adjacent to

Reservation parcel

in T6R8 WELS

X X X X X X X X X X

Trust Land

T2 R9 T3

R9 T3 R8

Mattamiscontis

Stream and

tributaries

X X X X X X X X X X X

EPA001375
26

Designated Uses _

Domestic Water SupplyPrimaryHuman Contact Cultural

andCeremonial

Secondary Human ContactAquatic Life

andWildlife Habitat

HighQuality Coldwater FisheryColdwater Fishery

Fish Culture

Sustenance FishingIrrigationLivestock

andWildlife Watering

Industrial Process

andCooling Water Supply

Hydroelectric power generation

Outstanding Tribal Resources Waters

Location Surface Water _

East Branch Seboeis

Stream

X X X X X X X X X

Trout Brook X X X X X X X X X

Mountain Brook

and tributaries

X X X X X X X X X

Squirrel Brook X X X X X X X X X

East Branch Lake X X X X X X X

Mattamiscontis

Lake

X X X X X X X X

Little

Mattamiscontis

Lake

X X X X X X X

South Branch Lake X X X X X X X X

Trust Land

T1 R6

Hay Brook X X X X X X X X X

Mud Brook X X X X X X X X X

Salmon Stream and

tributaries

X X X X X X X X X

EPA001376
27

Designated Uses _

Domestic Water SupplyPrimaryHuman Contact Cultural

andCeremonial

Secondary Human ContactAquatic Life

andWildlife Habitat

HighQuality Coldwater Fishery

Coldwater Fishery

Fish Culture

Sustenance FishingIrrigationLivestock

andWildlife Watering

Industrial Process

andCooling Water Supply

Hydroelectric power generation

Outstanding Tribal Resources Waters

Location Surface Water _

Little Salmon

Stream Lake

X X X X X X X

Trust

Land

T6 R8

East Branch

Penobscot River

X X X X X X X X X X

Wadleigh Brook X X X X X X X X X

Mountain Catcher

Brook

X X X X X X X X X

Mountain Catcher

Pond

X X X X X X X

Grand Lake

Matagamon

X X X X X X X X

Morrell Pond X X X X X X X

Trust

Land

Williamsburg

Merill Brook X X X X X X X X X

West Branch

Pleasant River

X X X X X X X X X X

EPA001377
28

Designated Uses _

Domestic Water Supply

Primary Human Contact Cultural

and

CeremonialSecondary Human ContactAquatic Life

andWildlife Habitat

High Quality Coldwater Fishery

Coldwater Fishery

Fish CultureSustenance FishingIrrigationLivestock

andWildlife Watering

Industrial Process

andCooling Water Supply

Hydroelectric power generation

Outstanding Tribal Resources Waters

Location Surface Water _

West Branch

Pleasant River and

tributaries

X X X X X X X X X

Whetstone Brook

and tributaries

X X X X X X X X

Trust

Land

Argyle

Birch Stream and

tributaries

X X X X X X X X X X

Hemlock Stream X X X X X X X X X

Ephriam Brook X X X X X X X X

Trust

Land

Lakeville

E Branch

Passadumkeag

River and tributaries

X X X X X X X X X

Cranberry Brook X X X X X X X X

Upper Sysladobsis

Stream

X X X X X X X X

Taylor Brook and

tributaries

X X X X X X X X X

Upper Sysladobsis

Lake

X X X X X X X

Sysladobsis Lake X X X X X X X

EPA001378
29

Designated Uses _

Domestic Water SupplyPrimaryHuman Contact Cultural

andCeremonial

Secondary Human ContactAquatic Life

andWildlife Habitat

HighQuality Coldwater Fishery

Coldwater Fishery

FishCultureSustenance FishingIrrigationLivestock

andWildlife Watering

Industrial Process

andCooling Water Supply

Hydroelectric power generation

Outstanding Tribal Resources Waters

Location Surface Water _

Trust

Land

Lee

E Branch

Passadumkeag

River and tributaries

X X X X X X X X X

Trust

Land

Alder

Stream

Twp

Nash Brook X X X X X X X X X

North Branch Dead

River

X X X X X X X X X

Little Alder Stream

and tributaries

X X X X X X X X X

Alder Stream and

tributaries

X X X X X X X X X

Snow Mountain

Pond

X X X X X X X X

Round Mountain

Pond

X X X X X X X X

Blanchard Pond X X X X X X X

EPA001379
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Section 404 Application and Construction

A The criteria assigned to a water body are those required to sustain all designated uses of

the water body and with regard to bacteria the water body class When a Penobscot Water has

more than one designated use as listed in Table 1 the applicable numeric standards for each

parameter shall be those necessary to maintain all the designated uses of that water body that is

the most stringent of those established for that body of water taking into consideration its water

body class in the case of Primary Human Contact Cultural and Ceremonial designated use

B The criteria specific to a designated use shall be maintained at all times for narrative

criteria and for persistent bioaccumulative toxic pollutants including those listed in 307A6

and at all times for all other pollutants except when flows are below critical low flow rates For

human health criteria the critical low flow rate is the harmonic mean flow or for ephemeral

waters the modified harmonic mean For aquatic life the critical low flow for acute criteria is

1Q10 and for chronic criteria is 7Q10 For all other numeric criteria the critical low flow is

7Q10

“Harmonic mean flow” is the number of daily flow measurements divided by the sum of the

reciprocals of the flows that is it is the reciprocal of the mean of reciprocals “Modified

harmonic mean” is based upon the nonzero flow intervals and modified by including a factor to

adjust for the proportion of intervals with zero flow The equations are as follows

Harmonic Mean

__

_1__

where n number of flow values

and Q flow value

Modified Harmonic Mean

where Qi nonzero flow

Nt total number of flow values

And N0 number of zero flow values

C Water quality standards established for the attainment and maintenance of upstream

designated uses shall be sufficient to protect the attainment and maintenance of downstream

designated uses

EPA001380
31

D These PWQS provide the basis for managing discharges attributable to point and

nonpoint sources of pollution including instream activities These PWQS are not used to

control natural background phenomena

E These PWQS are intended to protect the water quality of Penobscot Waters in a manner

that is at least as protective as would be provided by the law of the State of Maine Thus if any

of these Standards is less protective of water quality than would be provided by the law of the

State of Maine the standard provided by Maine law shall apply

Section 405 Additional Numeric Water Quality Criteria

Tables listing additional numeric water quality criteria may be found in Appendices I

through IV of these Standards

SUBCHAPTER V SAMPLING AND ANALYSIS VARIANCES AND EXCEEDANCES

Section 501 Sampling and Analysis

Sample collection preservation and analysis used to determine water quality and to

maintain these Standards shall be performed in accordance with the Penobscot Nation’s Quality

Assurance Plan and procedures prescribed by the latest EPA analytical references including but

not limited to the latest editions of any of the following authorities

1 American Public Health Association Standard Methods for the Examination of

Water and Wastewater 22nd Ed 2012 or the most current edition

2 EPA Methods for Chemical Analysis of Water and Wastes 3rd Ed March

1983 EPA No 600 479020 or the most current edition or

3 Guidelines Establishing Test Procedures for the Analysis of Pollutants 40 CFR

Part 136

Section 502 Variances

A The Director with the approval of the Penobscot Nation Chief and Tribal Council and

EPA pursuant to subsection H of this section may grant a variance from a water quality

standard for a point source discharge provided that the discharger demonstrates that treatment

more advanced than that required to comply with technology based effluent limitations is

necessary to comply with the water quality standard and

1 It is not technically feasible to achieve compliance within the next three years or

2 The cost of treatment would result in substantial and widespread economic and social

impact

EPA001381
32

B A variance may be granted on a pollutant specific basis only A point source discharge is

required to comply with all other applicable PWQS for which a variance is not granted No

variances may be granted for point source discharges to Outstanding Tribal Resource Waters

C A variance applies only to a specific point source discharge The granting of a variance

does not modify a water quality standard Other point source discharges to the water body shall

comply with all applicable Standards including any Standard for which a variance has been

granted for a specific point source discharge

D A variance is for a fixed term not to exceed three years Variances are not renewable but

upon adequate justification may be reissued by the Director with the approval of the Penobscot

Nation Chief and Tribal Council and of EPA pursuant to subsection H of this section In

addition the Director shall reevaluate a variance upon the issuance reissuance or modification

of the discharge permit for the point source discharge

E A person who seeks a variance from a water quality standard shall submit a letter to the

Director requesting a variance The request shall include the following information

1 Identification of the specific pollutant and water quality standard for which the

variance is sought

2 Identification of the receiving water

3 For an existing point source discharge a detailed description of the existing

discharge control technologies that are used to achieve compliance with

applicable water quality standards For a new point source discharge a detailed

description of the proposed discharge control technologies that will be used to

achieve compliance with applicable water quality standards

4 Documentation that the existing or proposed discharge control technologies will

comply with applicable technology based effluent limitations and that more

advanced treatment technology is necessary to achieve compliance with the water

quality standard for which a variance is sought

5 A detailed discussion of why compliance with the water quality standard cannot

be achieved

6 A detailed discussion of the discharge control technologies that are available for

achieving compliance with the water quality standard for which a variance is

sought

7 Documentation of one or both of the following

EPA001382
33

a That it is not technically feasible to install and operate any of the available

discharge control technologies to achieve compliance with the water

quality standard for which a variance is sought or

b That installation and operation of each of the available discharge

technologies to achieve compliance with the water quality standard would

result in substantial and widespread economic and social impact

8 Documentation that the point source discharger has reduced to the maximum

extent practicable the discharge of the pollutant for which a variance is sought

through implementation of pretreatment source reduction or a waste

minimization program

9 A detailed description of proposed interim discharge limitations that represent the

highest level of treatment achievable by the point source discharge during the

term of the variance Interim discharge limitations shall not be less stringent than

technology based effluent limitations

F In determining whether to recommend that the Penobscot Nation Chief and Tribal

Council grant or deny the request for a variance the Director shall consider the following

factors bioaccumulation bioconcentration predicted exposure on biota and the likelihood that

resident biota will be adversely affected the known or predicted safe exposure levels for the

pollutant of concern and the likelihood of adverse human health effects

G The Director shall issue public notice and shall provide an opportunity for a public

hearing on whether the request for a variance should be granted or denied pursuant to the

procedures in 105B

H A variance is subject to review and approval by the Penobscot Nation Chief and Tribal

Council and the EPA

I The final decision on a request for a variance is subject to judicial review pursuant to

Section 105C

Section 503 Compliance Schedules

The Penobscot Nation Chief and Tribal Council may allow on a case bycase basis

inclusion of a compliance schedule in a National Pollutant Discharge Elimination System

“NPDES” permit that is issued to an existing facility if it is determined by the permitting

authority that more time is required to meet the NPDES permit requirements based on new or

revised water quality standards The compliance schedule shall require compliance at the earliest

practicable time and shall specify milestones and their anticipated dates in order to track a

permittee’s progress towards compliance Notwithstanding the forgoing a compliance schedule

EPA001383
34

shall not be issued for NPDES permit requirements designed to meet water quality standards for

Outstanding Tribal Resource Waters

EPA001384
35

APPENDICES

APPENDIX I ORGANOLEPTIC EFFECT CRITERIA

Organoleptic Effect Criteriaare contaminants whose presence causes adverse taste or odors in

water or fish

Pollutant Organoleptic Effect Criteria

_gL

Acenaphthene 20

Color

Iron 300

Monochlorobenzene 20

Tainting Substance

3Chlorophenol 0.1

4Chlorophenol 0.1

2,3 Dichlorophenol 0.04

2,5 Dichlorophenol 0.5

2,6 Dichlorophenol 0.2

3,4 Dichlorophenol 0.3

2,4,5Trichlorophenol 1

2,4,6Trichlorophenol 2

2,3,4,6 Tetrachlorophenol 1

2Methyl4Chlorophenol 1800

3Methyl4Chlorophenol 3000

3Methyl6Chlorophenol 20

2Chlorophenol 0.1

Copper 1000

EPA001385
36

APPENDIX I ORGANOLEPTIC EFFECT CRITERIA continued

Pollutant Organoleptic Effect Criteria

_gL

2,4 Dichlorophenol 0.3

2,4 Dimethylphenol 400

Hexachlorocyclopentadiene 1

Manganese

Nitrobenzene 30

Pentachlorophenol 30

Phenol 300

Zinc 5000

EPA001386
37

APPENDIX II AQUATIC LIFE CRITERIA

Pollutant CMC 1 CCC 1

acute chronic

_gL _gL

Acrolein 3ug L 3ug L

Aesthetic Qualities NARRATIVE STATEMENT—

SEE DOCUMENT

Aldrin 3.0

Alkalinity 20000

alphaEndosulfan 0.22 A 0.056 A

AluminumpH 6.5

–9.0

750 B 87 B

Ammonia FRESHWATER CRITERIA ARE

pH Temperature and Lifestage

DEPENDENT

Arsenic 340 CD 150 CD

Bacteria FOR PRIMARY RECREATION

AND SHELLFISH USES

beta Endosulfan 0.22 A 0.056 A

Boron NARRATIVE STATEMENT

Carbaryl 2.1 2.1

Cadmium 2.0 DE 0.25 DE

Chlordane 2.4 0.0043

Chloride 860000 230000

Chlorine 19 11

Chloropyrifos 0.083 0.041

Chromium III 570 DE 74 DE

Chromium VI 16 D 11 D

Color NARRATIVE STATEMENT

Copper 13.4 DE 8.96 DE

Cyanide 22 F 5.2 F

Demeton 0.1

Diazinon 0.17ug L 0.17ug L

Dieldrin 0.24 0.056

Endrin 0.086 0.036

gammaBHC

Lindane

0.95

EPA001387
38

APPENDIX II continued

Pollutant CMC 1 CCC 1

acute chronic

_gL _gL

Gases Total

Dissolved

NARRATIVE STATEMENT

Guthion 0.01

Hardness NARRATIVE STATEMENT

Heptachlor 0.52 0.0038

Heptachlor

Epoxide

0.52 0.0038

Iron 1000

Lead 65 DE 2.5 DE

Malathion 0.1

Mercury

Methylmercury

1.4 D 0.77 D

Methoxychlor 0.03

Mirex 0.001

Nickel 470 DE 52 DE

Nonylphenol 28ug L 6.6ug L

Nutrients

NARRATIVE STATEMENT

and trophic status for lakes and

ponds

Oil and Grease See Subchapter III Section 11231

301A5on General Standards

Oxygen Dissolved

Freshwater

See Subchapter IV Section 112

41401 E1 and F 1 on Designated

Uses and Associated Standards

Parathion 0.065 B 0.013 B

Pentachlorophenol 19 G 15 G

pH 6.5 –9

Phosphorus

Elemental

EPA001388
39

APPENDIX II continued

Pollutant CMC 1 CCC 1

acute chronic

_gL _gL

Polychlorinated

Biphenyls PCBs

0.014 H

Selenium I 5

Silver 3.2 DE

Solids Suspended

and Turbidity

See Subchapter III Section 11231

301A5 and 9on General

Standards

SulfideHydrogen

Sulfide

2.0

Tainting

Substances

See Subchapter III Section 11231

301A78 on General Standards

Temperature See Subchapter IIIV Section 112

41302 on Temperature and

Subchapter IV Section 401E2

and F2 on Designated Uses and

Associated Standards

Toxaphene 0.73 0.0002

Tributyltin TBT 0.46 0.072

Zinc 120 DE 120 DE

4,4DDT 1.1 J 0.001 J

A This value applies to the sum of alphaendosulfan and beta endosulfan

B This value for aluminum is expressed in terms of total recoverable metal in the water column

C This water quality criterion applies to total arsenic

D Freshwater criteria for metals are expressed in terms of the dissolved metal in the water column

E The freshwater criterion for this metal is expressed as a function of hardness mg L in the water column The value given here

corresponds to a hardness of 100 mgL Criteriavalues for other hardness may be calculated per the factors and equations for

calculating hardness dependent metals’ criteria that are included in this Appendix

F This recommended water quality criterion is expressed as ug free cyanide as CNL

G Freshwater aquatic life values for pentachlorophenol are expressed as a function of pH Values displayed in table correspond to

a pH of 7.8

H This criterion applies to total PCBs eg the sum of all congener or all isomer or homolog or Aroclor analyses

I The CMC 1f1CMC1 f2CMC2 where f1 and f2 are the fractions of total selenium that are treated as selenite and

selenate respectively and CMC1 and CMC2 are 185.9 ugl and 12.82 ugl respectively

J This criterion applies to DDT and its metabolites ie the total concentration of DDT and its metabolites should not exceed this

value

1 Criteria Maximum Concentration CMC is an estimate of the highest concentration of a material in surface water to which an

aquatic community can be exposed briefly without resulting in an unacceptable effect

EPA001389
40

2 The Criterion Continuous Concentration CCCis an estimate of the highest concentration of a material in surface water to

which an aquatic community can be exposed indefinitely without resulting in an unacceptable effect

EPA001390
41

APPENDIX II AQUATIC LIFE CRITERIA continued

Parameters for Calculating Freshwater Dissolved Metals Criteria That Are HardnessDependent

Chemical mA bA mC bC Freshwater Conversion Factors CF

CMC CCC

Cadmium 1.0166 3.924 0.7409 4.719 1.136672

lnhardness 0.041838

1.101672

lnhardness 0.041838

Chromium III 0.819 3.7256 0.819 0.6848 0.316 0.86

Copper 0.9422 1.7 0.8545 1.702 0.96 0.96

Lead 1.273 1.46 1.273 4.705 1.46203

lnhardness 0.145712

1.46203

lnhardness 0.145712

Nickel 0.846 2.255 0.846 0.0584 0.998 0.997

Silver 1.72 6.59 — — 0.85 —

Zinc 0.8473 0.884 0.8473 0.884 0.978 0.986

Hardnessdependant metals criteria may be calculated from the following

CMC dissolved expmA lnhardness bA CF

CCC dissolved exp mC lnhardness bC CF

EPA001391
42

Appendix IIIA Temperature and pHDependent Values of the CMC Acute CriterionMagnitude in mgL Total Ammonia Nitrogen –

Oncorhynchus spp Present

pH Temperature C

014 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30

6.5 33 33 32 29 27 25 23 21 19 18 16 15 14 13 12 11 9.9

6.6 31 31 30 28 26 24 22 20 18 17 16 14 13 12 11 10 9.5

6.7 30 30 29 27 24 22 21 19 18 16 15 14 13 12 11 9.8 9.0

6.8 28 28 27 25 23 21 20 18 17 15 14 13 12 11 10 9.2 8.5

6.9 26 26 25 23 21 20 18 17 15 14 13 12 11 10 9.4 8.6 7.9

7.0 24 24 23 21 20 18 17 15 14 13 12 11 10 9.4 8.6 8.0 7.3

7.1 22 22 21 20 18 17 15 14 13 12 11 10 9.3 8.5 7.9 7.2 6.7

7.2 20 20 19 18 16 15 14 13 12 11 9.8 9.1 8.3 7.7 7.1 6.5 6.0

7.3 18 18 17 16 14 13 12 11 10 9.5 8.7 8.0 7.4 6.8 6.3 5.8 5.3

7.4 15 15 15 14 13 12 11 9.8 9.0 8.3 7.7 7.0 6.5 6.0 5.5 5.1 4.7

7.5 13 13 13 12 11 10 9.2 8.5 7.8 7.2 6.6 6.1 5.6 5.2 4.8 4.4 4.0

7.6 11 11 11 10 9.3 8.6 7.9 7.3 6.7 6.2 5.7 5.2 4.8 4.4 4.1 3.8 3.5

7.7 9.6 9.6 9.3 8.6 7.9 7.3 6.7 6.2 5.7 5.2 4.8 4.4 4.1 3.8 3.5 3.2 3.0

7.8 8.1 8.1 7.9 7.2 6.7 6.1 5.6 5.2 4.8 4.4 4.0 3.7 3.4 3.2 2.9 2.7 2.5

7.9 6.8 6.8 6.6 6.0 5.6 5.1 4.7 4.3 4.0 3.7 3.4 3.1 2.9 2.6 2.4 2.2 2.1

8.0 5.6 5.6 5.4 5.0 4.6 4.2 3.9 3.6 3.3 3.0 2.8 2.6 2.4 2.2 2.0 1.9 1.7

8.1 4.6 4.6 4.5 4.1 3.8 3.5 3.2 3.0 2.7 2.5 2.3 2.1 2.0 1.8 1.7 1.5 1.4

8.2 3.8 3.8 3.7 3.5 3.1 2.9 2.7 2.4 2.3 2.1 1.9 1.8 1.6 1.5 1.4 1.3 1.2

8.3 3.1 3.1 3.1 2.8 2.6 2.4 2.2 2.0 1.9 1.7 1.6 1.4 1.3 1.2 1.1 1.0 0.96

8.4 2.6 2.6 2.5 2.3 2.1 2.0 1.8 1.7 1.5 1.4 1.3 1.2 1.1 1.0 0.93 0.86 0.79

8.5 2.1 2.1 2.1 1.9 1.8 1.6 1.5 1.4 1.3 1.2 1.1 0.98 0.90 0.83 0.77 0.71 0.65

8.6 1.8 1.8 1.7 1.6 1.5 1.3 1.2 1.1 1.0 0.96 0.88 0.81 0.75 0.69 0.63 0.59 0.54

8.7 1.5 1.5 1.4 1.3 1.2 1.1 1.0 0.94 0.87 0.80 0.74 0.68 0.62 0.57 0.53 0.49 0.45

8.8 1.2 1.2 1.2 1.1 1.0 0.93 0.86 0.79 0.73 0.67 0.62 0.57 0.52 0.48 0.44 0.41 0.37

8.9 1.0 1.0 1.0 0.93 0.85 0.79 0.72 0.67 0.61 0.56 0.52 0.48 0.44 0.40 0.37 0.34 0.32

9.0 0.88 0.88 0.86 0.79 0.73 0.67 0.62 0.57 0.52 0.48 0.44 0.41 0.37 0.34 0.32 0.29 0.27

EPA001392
43

Appendix III B Temperature and pHDependent Values of the CMC Acute CriterionMagnitude in mgL Total Ammonia Nitrogen –

Oncorhynchus spp Absent

pH Temperature C

0

10

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30

6.5 51 48 44 41 37 34 32 29 27 25 23 21 19 18 16 15 14 13 12 11 9.9

6.6 49 46 42 39 36 33 30 28 26 24 22 20 18 17 16 14 13 12 11 10 9.5

6.7 46 44 40 37 34 31 29 27 24 22 21 19 18 16 15 14 13 12 11 9.8 9.0

6.8 44 41 38 35 32 30 27 25 23 21 20 18 17 15 14 13 12 11 10 9.2 8.5

6.9 41 38 35 32 30 28 25 23 21 20 18 17 15 14 13 12 11 10 9.4 8.6 7.9

7.0 38 35 33 30 28 25 23 21 20 18 17 15 14 13 12 11 10 9.4 8.6 7.9 7.3

7.1 34 32 30 27 25 23 21 20 18 17 15 14 13 12 11 10 9.3 8.5 7.9 7.2 6.7

7.2 31 29 27 25 23 21 19 18 16 15 14 13 12 11 9.8 9.1 8.3 7.7 7.1 6.5 6.0

7.3 27 26 24 22 20 18 17 16 14 13 12 11 10 9.5 8.7 8.0 7.4 6.8 6.3 5.8 5.3

7.4 24 22 21 19 18 16 15 14 13 12 11 9.8 9.0 8.3 7.7 7.0 6.5 6.0 5.5 5.1 4.7

7.5 21 19 18 17 15 14 13 12 11 10 9.2 8.5 7.8 7.2 6.6 6.1 5.6 5.2 4.8 4.4 4.0

7.6 18 17 15 14 13 12 11 10 9.3 8.6 7.9 7.3 6.7 6.2 5.7 5.2 4.8 4.4 4.1 3.8 3.5

7.7 15 14 13 12 11 10 9.3 8.6 7.9 7.3 6.7 6.2 5.7 5.2 4.8 4.4 4.1 3.8 3.5 3.2 2.9

7.8 13 12 11 10 9.3 8.5 7.9 7.2 6.7 6.1 5.6 5.2 4.8 4.4 4.0 3.7 3.4 3.2 2.9 2.7 2.5

7.9 11 9.9 9.1 8.4 7.7 7.1 6.6 6.0 5.6 5.1 4.7 4.3 4.0 3.7 3.4 3.1 2.9 2.6 2.4 2.2 2.1

8.0 8.8 8.2 7.6 7.0 6.4 5.9 5.4 5.0 4.6 4.2 3.9 3.6 3.3 3.0 2.8 2.6 2.4 2.2 2.0 1.9 1.7

8.1 7.2 6.8 6.3 5.8 5.3 4.9 4.5 4.1 3.8 3.5 3.2 3.0 2.7 2.5 2.3 2.1 2.0 1.8 1.7 1.5 1.4

8.2 6.0 5.6 5.2 4.8 4.4 4.0 3.7 3.4 3.1 2.9 2.7 2.4 2.3 2.1 1.9 1.8 1.6 1.5 1.4 1.3 1.2

8.3 4.9 4.6 4.3 3.9 3.6 3.3 3.1 2.8 2.6 2.4 2.2 2.0 1.9 1.7 1.6 1.4 1.3 1.2 1.1 1.0 0.96

8.4 4.1 3.8 3.5 3.2 3.0 2.7 2.5 2.3 2.1 2.0 1.8 1.7 1.5 1.4 1.3 1.2 1.1 1.0 0.93 0.86 0.79

8.5 3.3 3.1 2.9 2.7 2.4 2.3 2.1 1.9 1.8 1.6 1.5 1.4 1.3 1.2 1.1 0.98 0.90 0.83 0.77 0.71 0.65

8.6 2.8 2.6 2.4 2.2 2.0 1.9 1.7 1.6 1.5 1.3 1.2 1.1 1.0 0.96 0.88 0.81 0.75 0.69 0.63 0.58 0.54

8.7 2.3 2.2 2.0 1.8 1.7 1.6 1.4 1.3 1.2 1.1 1.0 0.94 0.87 0.80 0.74 0.68 0.62 0.57 0.53 0.49 0.45

8.8 1.9 1.8 1.7 1.5 1.4 1.3 1.2 1.1 1.0 0.93 0.86 0.79 0.73 0.67 0.62 0.57 0.52 0.48 0.44 0.41 0.37

8.9 1.6 1.5 1.4 1.3 1.2 1.1 1.0 0.93 0.85 0.79 0.72 0.67 0.61 0.56 0.52 0.48 0.44 0.40 0.37 0.34 0.32

9.0 1.4 1.3 1.2 1.1 1.0 0.93 0.86 0.79 0.73 0.67 0.62 0.57 0.52 0.48 0.44 0.41 0.37 0.34 0.32 0.29 0.27

EPA001393
44

Appendix III C Temperature and pHDependent Values of the CCC Chronic CriterionMagnitude in mgL Total Ammonia Nitrogen

pH Temperature C

07 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30

6.5 4.9 4.6 4.3 4.1 3.8 3.6 3.3 3.1 2.9 2.8 2.6 2.4 2.3 2.1 2.0 1.9 1.8 1.6 1.5 1.5 1.4 1.3 1.2 1.1

6.6 4.8 4.5 4.3 4.0 3.8 3.5 3.3 3.1 2.9 2.7 2.5 2.4 2.2 2.1 2.0 1.8 1.7 1.6 1.5 1.4 1.3 1.3 1.2 1.1

6.7 4.8 4.5 4.2 3.9 3.7 3.5 3.2 3.0 2.8 2.7 2.5 2.3 2.2 2.1 1.9 1.8 1.7 1.6 1.5 1.4 1.3 1.2 1.2 1.1

6.8 4.6 4.4 4.1 3.8 3.6 3.4 3.2 3.0 2.8 2.6 2.4 2.3 2.1 2.0 1.9 1.8 1.7 1.6 1.5 1.4 1.3 1.2 1.1 1.1

6.9 4.5 4.2 4.0 3.7 3.5 3.3 3.1 2.9 2.7 2.5 2.4 2.2 2.1 2.0 1.8 1.7 1.6 1.5 1.4 1.3 1.2 1.2 1.1 1.0

7.0 4.4 4.1 3.8 3.6 3.4 3.2 3.0 2.8 2.6 2.4 2.3 2.2 2.0 1.9 1.8 1.7 1.6 1.5 1.4 1.3 1.2 1.1 1.1 0.99

7.1 4.2 3.9 3.7 3.5 3.2 3.0 2.8 2.7 2.5 2.3 2.2 2.1 1.9 1.8 1.7 1.6 1.5 1.4 1.3 1.2 1.2 1.1 1.0 0.95

7.2 4.0 3.7 3.5 3.3 3.1 2.9 2.7 2.5 2.4 2.2 2.1 2.0 1.8 1.7 1.6 1.5 1.4 1.3 1.3 1.2 1.1 1.0 0.96 0.90

7.3 3.8 3.5 3.3 3.1 2.9 2.7 2.6 2.4 2.2 2.1 2.0 1.8 1.7 1.6 1.5 1.4 1.3 1.3 1.2 1.1 1.0 0.97 0.91 0.85

7.4 3.5 3.3 3.1 2.9 2.7 2.5 2.4 2.2 2.1 2.0 1.8 1.7 1.6 1.5 1.4 1.3 1.3 1.2 1.1 1.0 0.96 0.90 0.85 0.79

7.5 3.2 3.0 2.8 2.7 2.5 2.3 2.2 2.1 1.9 1.8 1.7 1.6 1.5 1.4 1.3 1.2 1.2 1.1 1.0 0.95 0.89 0.83 0.78 0.73

7.6 2.9 2.8 2.6 2.4 2.3 2.1 2.0 1.9 1.8 1.6 1.5 1.4 1.4 1.3 1.2 1.1 1.1 0.98 0.92 0.86 0.81 0.76 0.71 0.67

7.7 2.6 2.4 2.3 2.2 2.0 1.9 1.8 1.7 1.6 1.5 1.4 1.3 1.2 1.1 1.1 1.0 0.94 0.88 0.83 0.78 0.73 0.68 0.64 0.60

7.8 2.3 2.2 2.1 1.9 1.8 1.7 1.6 1.5 1.4 1.3 1.2 1.2 1.1 1.0 0.95 0.89 0.84 0.79 0.74 0.69 0.65 0.61 0.57 0.53

7.9 2.1 1.9 1.8 1.7 1.6 1.5 1.4 1.3 1.2 1.2 1.1 1.0 0.95 0.89 0.84 0.79 0.74 0.69 0.65 0.61 0.57 0.53 0.50 0.47

8.0 1.8 1.7 1.6 1.5 1.4 1.3 1.2 1.1 1.1 1.0 0.94 0.88 0.83 0.78 0.73 0.68 0.64 0.60 0.56 0.53 0.50 0.44 0.44 0.41

8.1 1.5 1.5 1.4 1.3 1.2 1.1 1.1 0.99 0.92 0.87 0.81 0.76 0.71 0.67 0.63 0.59 0.55 0.52 0.49 0.46 0.43 0.40 0.38 0.35

8.2 1.3 1.2 1.2 1.1 1.0 0.96 0.90 0.84 0.79 0.74 0.70 0.65 0.61 0.57 0.54 0.50 0.47 0.44 0.42 0.39 0.37 0.34 0.32 0.30

8.3 1.1 1.1 0.99 0.93 0.87 0.82 0.76 0.72 0.67 0.63 0.59 0.55 0.52 0.49 0.46 0.43 0.40 0.38 0.35 0.33 0.31 0.29 0.27 0.26

8.4 0.95 0.89 0.84 0.79 0.74 0.69 0.65 0.61 0.57 0.53 0.50 0.47 0.44 0.41 0.39 0.36 0.34 0.32 0.30 0.28 0.26 0.25 0.23 0.22

8.5 0.80 0.75 0.71 0.67 0.62 0.58 0.55 0.51 0.48 0.45 0.42 0.40 0.37 0.35 0.33 0.31 0.29 0.27 0.25 0.24 0.22 0.21 0.20 0.18

8.6 0.68 0.64 0.60 0.56 0.53 0.49 0.46 0.43 0.41 0.38 0.36 0.33 0.31 0.29 0.28 0.26 0.24 0.23 0.21 0.20 0.19 0.18 0.16 0.15

8.7 0.57 0.54 0.51 0.47 0.44 0.42 0.39 0.37 0.34 0.32 0.30 0.28 0.27 0.25 0.23 0.22 0.21 0.19 0.18 0.17 0.16 0.15 0.14 0.13

8.8 0.49 0.46 0.43 0.40 0.38 0.35 0.33 0.31 0.29 0.27 0.26 0.24 0.23 0.21 0.20 0.19 0.17 0.16 0.15 0.14 0.13 0.13 0.12 0.11

8.9 0.42 0.39 0.37 0.34 0.32 0.30 0.28 0.27 0.25 0.23 0.22 0.21 0.19 0.18 0.17 0.16 0.15 0.14 0.13 0.12 0.12 0.11 0.10 0.09

9.0 0.36 0.34 0.32 0.30 0.28 0.26 0.24 0.23 0.21 0.20 0.19 0.18 0.17 0.16 0.15 0.14 0.13 0.12 0.11 0.11 0.10 0.09 0.09 0.08

EPA001394
45

APPENDIX IV HUMAN HEALTH CRITERIA

When calculating ambient water quality criteria to protect human health criteria shall be based

on a fish ingestion rate of 286 grams per day derived from the Wabanaki Traditional Cultural

Lifeways Exposure Scenario 2009 Resident fish and Aquatic life from Inland Non Anadromous diet

and for carcinogenic compounds a cancer risk level of 1 x 106

Human Health For

Consumption of

Pollutant CAS

Number

Water

Organism

Organism

Only

Publication

Year

_gL _gL

Acenaphthene 83329 59 G 61 G 2002

Acrolein 107028 0.6 0.6 2009

Acrylonitrile 107131 0.012 0.02 2002

Aldrin 309002 0.000003 0.000003 2002

alphaBHC 319846 0.0003 0.0003 2002

alphaEndosulfan 959988 5 5 2002

Anthracene 120127 1985 2448 2002

Antimony 7440360 4.9 39.2 2002

Arsenic 7440382 0.009 A 0.02 A 1992

Asbestos 1332214 7 million

fibers L B

1991

Barium 7440393 1000 1986

Benzene 71432 0.3650 0.8558 2002

Benzidine 92875 0.000011 0.00001 2002

Benzoa Anthracene 56553 0.0009 0.001 2002

Benzoa Pyrene 50328 0.0009 0.001 2002

Benzob Fluoranthene 205992 0.0009 0.001 2002

Benzok Fluoranthene 207089 0.0009 0.001 2002

Beryllium 7440417 H

beta BHC 319857 0.0010 0.001 2002

beta Endosulfan 33213659 5.30 5.44 2002

Bis2Chloroethyl Ether 111444 0.016 0.03 2002

Bis2Chloroisopropyl

Ether

108601 1035 3964 2002

Bis2Ethylhexyl Phthalate 117817 0.128 0.13 2002

Bromoform 75252 2.9 8 2002

Butylbenzyl Phthalate 85687 116 118 2002

Cadmium 7440439 H

Carbon Tetrachloride 56235 0.07 0.10 2002

Chlordane 57749 0.00005 0.00005 2002

Chlorobenzene 108907 57 G 95 G 2003

EPA001395
46

APPENDIX IV continued

Human Health For

Consumption of

Pollutant CAS

Number

Water

Organism

Organism

Only

Publication

Year

_gL _gL

Chlorodibromomethane 124481 0.27 1 2002

Chloroform 67663 3.7 11 2002

Chlorophenoxy Herbicide

2,4D

94757 100 H 1986

Chromium III 16065831 H Total

Chromium VI 18540299 H Total

Chrysene 218019 0.0009 0.001 2002

Copper 7440508 1,300 G 1992

Cyanide 57125 122 C 122 C 2003

Dibenzo ahAnthracene 53703 0.0009 0.001 2002

Dichlorobromomethane 75274 0.37 1.1 2002

Dieldrin 60571 0.000003 0.000003 2002

Diethyl Phthalate 84662 2448 2682 2002

Dimethyl Phthalate 131113 56929 67988 2002

DinButyl Phthalate 84742 255 275 2002

Dinitrophenols 25550587 58 324 2002

Endosulfan Sulfate 1031078 5 5 2002

Endrin 72208 0.0037 0.0037 2003

Endrin Aldehyde 7421934 0.018 0.018 2002

Ether Bis Chloromethyl 542881 0.000016 0.000018 2002

Ethylbenzene 100414 110 131 2003

Fluoranthene 206440 8 9 2002

Fluorene 86737 265 326 2002

gammaBHC Lindane 58899 0.107 0.113 2003

Heptachlor 76448 0.0000049 0.0000049 2002

Heptachlor Epoxide 1024573 0.0000024 0.0000024 2002

Hexachlorobenzene 118741 0.000018 0.000018 2002

Hexachlorobutadiene 87683 0.32 1.13 2002

Hexachlorocyclo hexane

Technical

608731 0.0123 0.0414

Hexachlorocyclopentadiene 77474 26 G 68 G 2003

Hexachloroethane 67721 0.19 0.20 2002

EPA001396
47

APPENDIX IV continued

Human Health For

Consumption of

Pollutant CAS

Number

Water

Organism

Organism

Only

Publication

Year

_gL _gL

Ideno1,2,3 cdPyrene 193395 0.0009 0.0011 2002

Isophorone 78591 23 59 2002

Manganese 7439965 50 D 100

Methylmercury 22967926 0.2 mgkg

E

See Title 38

MRSA

4201Band

413 11

2001

Methoxychlor 72435 100 H 1986

Methyl Bromide 74839 32 91 2002

Methylene Chloride 75092 4.1 36 2002

Nickel 7440020 91 104 1998

Nitrates 14797558 10,000 1986

Nitrobenzene 98953 12 42 G 2002

Nitrosamines — 0.0008 1.24 1980

Nitrosodibutylamine N 924163 0.0043 0.013 2002

Nitrosodiethylamine N 55185 0.0008 1.24 2002

NitrosopyrrolidineN 930552 0.016 2.1 2002

NNitrosodimethylamine 62759 0.00068 0.18 2002

NNitrosodinPropylamine 621647 0.0043 0.03 2002

NNitrosodiphenylamine 86306 0.35 0.37 2002

Pentachlorobenzene 608935 0.09 0.09 2002

Pentachlorophenol 87865 0.11 0.19 2002

pH — 6.50 –

9.08.5

1986

Phenol 108952 8749 G 52448 G 2009

Polychlorinated Biphenyls

PCBs

0.0000039 F 0.0000039

F

2002

Pyrene 129000 198 245 2002

Selenium 7782492 104 255 2002

Solids Dissolved and

Salinity

— 1986

Tetrachlorobenzene 1,2,4,5 95943 0.06 0.07 2002

Tetrachloroethylene 127184 0.16 0.20 2002

Thallium 7440280 0.027 0.029 2003

Toluene 108883 553 915 2003

Toxaphene 8001352 0.000017 0.000017 2002

EPA001397
48

Trichloroethylene 79016 1.10 1.83 2002

APPENDIX IV continued

Human Health For

Consumption of

Pollutant CAS

Number

Water

Organism

Organism

Only

Publication

Year

_gL _gL

Trichlorophenol 2,4,5 95954 209 223 2002

Vinyl Chloride 75014 0.021 0.15 2003

Zinc 7440666 1360 G 1562 G 2002

1,1,1Trichloroethane 71556 H

1,1,2,2 Tetrachloroethane 79345 0.102 0.24 2002

1,1,2Trichloroethane 79005 0.374 0.95 2002

1,1 Dichloroethylene 75354 194 437 2003

1,2,4Trichlorobenzene 120821 4 4 2003

1,2 Dichlorobenzene 95501 70 79 2003

1,2 Dichloroethane 107062 0.33 2.2 2002

1,2 Dichloropropane 78875 0.33 0.9 2002

1,2 Diphenylhydrazine 122667 0.010 0.012 2002

1,2 TransDichloroethylene 156605 114 620 2003

1,3 Dichlorobenzene 541731 52 59 2002

1,3 Dichloropropene 542756 0.28 1.3 2003

1,4 Dichlorobenzene 106467 10 12 2003

2,3,7,8 TCDD Dioxin 1746016 3.1E10 3.1E10 See also Title

38 MRSA

4202

2002

2,4,6Trichlorophenol 88062 0.14 0.15 2002

2,4 Dichlorophenol 120832 15 G 18 G 2002

2,4 Dimethylphenol 105679 49 52 G 2002

2,4 Dinitrophenol 51285 58 326 2002

2,4 Dinitrotoluene 121142 0.073 0.21 2002

2Chloronaphthalene 91587 94 97 2002

2Chlorophenol 95578 8.7 G 9.1 G 2002

2Methyl4,6 Dinitrophenol 534521 8 17 2002

3,3Dichlorobenzidine 91941 0.0017 0.0017 2002

3Methyl4Chlorophenol 59507 G G

4,4DDD 72548 0.000019 0.000019 2002

4,4DDE 72559 0.000013 0.000013 2002

4,4DDT 50293 0.000013 0.000013 2002

EPA001398
49

AThis water quality criterion for arsenic refers to the inorganic form only

B This criterion for asbestos is the Maximum Contaminant Level MCL developed under the Safe

Drinking Water Act SDWA

CThis water quality criterion is expressed as total cyanide

D This criterion for manganese is not based on toxic effects but rather is intended to minimize

objectionable qualities such as laundry stains and objectionable tastes in beverages

E This criterion applies to methyl mercury concentration in fish tissue

F This criterion applies to total PCBs eg the sum of all congener or all isomer or homolog or Aroclor

analyses

G The organoleptic effect criterion is more stringent than the value for priority toxic pollutants

H A more stringent Maximum Contaminant Level MCL has been issued by EPA under the Safe

Drinking Water Act Please refer to the drinking water regulations in 40 CFR Part 141 or call the Safe

Drinking Water Hotline 18004264791 for values

EPA001399