## UNITED STATES ENVIRONMENTAL PROTECTION AC4ENCY 

# RE ION I

February 

# 2 2015
Patricia 

# W Aho Commissioner S 

## POST OFFICE 

## SQUARE SUITE 1.00 

## BOSTON MASSACHUSE1TS 

## 02JOq 

### 3q

## J2

Maine Department of Environmental Protection 17 State House Station Augusta 

# ME 04333 0017 

## Re Review and Decision 

### on Water Quality Standards Revisions Dear Commissioner

## Aho By letter of January 

## 14 2013 the 

### Maine Department of Environmental Protection 

# DEP submitted revisions of the State's surface water quality standards 

# WQS to Region 1 of the United States Environmental Protection Agency 

# EPA or 

## Region for review and approval or disapproval 

### The revisions were adopted 

### by the 

## DEP on July 

## 13 2012 

## By letter to 

## EPA dated January 

## 9 2013 Maine's Assistant Attorney General in the Natural Resources Division certified the revisions as having been duly adopted pursuant to state 

### law 

## By letter of 

## May 16 2013 

## EPA approved the revision to the arsenic criteria to protect 

### human health in state waters outside of Indian territories and lands but did not act on the arsenic criteria for waters in Indian territories and lands In the approval letter 

## EPA also indicated that the additional revisions submitted 

### by 

## DEP were still under review

I 

### commend 

## DEP for the 2012 adoption of revisions to its water quality standards that strengthen the ability to protect Maine's waters including the adoption of 

### new aquatic life criteria for acrolein diazinon and nonylphenol 

## DEP submitted additional revisions of the State's surface water quality standards to the Region for review and approval or disapproval by letter of February 

## 27 2014 The revisions were certified on February 

## 26 2014 by Maine's Assistant Attorney General in the Natural Resources Division as having been duly adopted pursuant to state 

### law Before 

## now EPA had not acted on any of these revisions for any waters in 

### Maine
ln both of the 

### above referenced submission letters 

## DEP requested that 

## EPA approve Maine's 

# WQS in Indian territories and lands Indian 

## lands As discussed in the attached Decision Support 

### Document Attachment 

# A EPA has concluded that the State of

### Maine has the authority to adopt 

# WQS that are applicable to waters in Indian lands Accordingly 

## EPA is herein responding to the remaining unapproved elements of the 2013 and 

### 2014 

# WQS revisions for waters throughout the State including in Indian landsIn addition to the 2013 and 

### 2014 submissions 

## DEP submitted numerous 

# WQS revisions to 

## EPA from August 

## 26 2003 through July 

## 8 2011 for review and approval or disapproval 1 In 

### EPA's letters approving 

# WQS revisions contained in those submissions 

## EPA noted that it 

### was not taking action on the

# WQS with respect to any waters in Indian lands In light of 

### EPA's determination that the State of Maine has the authority to adopt 

## WQS for waters in Indian lands 

## EPA is herein responding to those 

# WQS revisions for those waters 2 

## Many of the 

# WQS revisions under review for approval or disapproval for waters in Indian lands are water quality criteria and the Clean Water Act 

# CW

# A requires that criteria be protective of designated uses 

### As discussed in the Decision Support 

### Document 

## EPA has not yet approved any

# WQS including designated uses for waters in Indian lands Therefore in order to evaluate whether the submitted criteria are protective of designated uses 

## EPA must first approve designated uses for these waters Accordingly 

## EPA is herein approving Maine's surface water classifications and corresponding designated uses for waters in Indian 

### lands Because 

## EPA has not previously approved these 

# WQS for waters in Indian lands 

## EPA considers them to be 

# new WQS as applied to such waters 

## EPA is also approving 38

# MRS 6207

# 4 and 

# 9 a provision of the 

### Maine Implementing 

### Act or 

## MIA which settled the 

### Maine Indian land claims as a matterof 

### Maine 

## law as an explicit designated use for certain waters in Indian lands 

### The following paragraphs state 

### EPA's decisions on Maine's 

### new and revised 

# WQS described 

### above The decisions include approvals and disapprovals and the detailed explanations for the decisions are provided in Attachment 

# A EPA has also identified several provisions that 

## EPA is not taking action 

## on primarily because 

## DEP is planning to update them 

### soon and 

### some provisions that 

## EPA is not taking action on because 

## we have concluded that they are not 

# WQS requiring 

## EPA review and approval these are also explained in Attachment 

# A EPA is not responding to 

### new or revised 

### Maine 

# WQS other than those explicitly identified in this letter Approvals
Pursuant to Section 

## 303c 

# 3 of the Clean Water Act and 

### 40

# CP

# R part 

### 131 I hereby approve the following 

### new or revised 

# WQS
Classifications and Designated Uses 

## For all waters in Indian lands

• Maine's standards for classification and corresponding designated uses in 38

# MRS 465 l

# A 2

# A 3

# A and 

# 4

# Afor fresh 

### waters 

## 465

# A l 

# A for great ponds and natural lakes and ponds less than 10 acres in size and impoundments of rivers that are

1 

## A list of these submissions is provided in Section 4.10 of Attachment 

# A 2 Maine's July 

## 8 2011 submission was for EPA's review of a reclassification ofthe Kennebec River Although EPA's July 

### 20 2011 letter approving the reclassification included the caveat about not acting with respect to waters in Indian lands the Kennebec River is nowhere near Indian lands Therefore 

### EPA is taking no further action today with respect to that submission 3 

### EPA intends to review and approve or disapprove all remaining Maine 

## WQS that could apply to waters in Indian lands such as dissolved oxygen criteria definitions antidegradation provisions etc as soon as possible 2defined as great ponds pursuant to 38 

# MRS 480

# B including the definition of great 

## ponds in 38 

# MRS 480

# B

# 5 and 

## 465

# B l

# A 2

# A and 

# 3

# A for estuarine and marine 

### waters

• 

### The classification of specific waters in 38

# MRS 467 Classification of major river basins 

### and 468 Classification of minor drainages and 469 Classification of estuarine and marine 

### waters

• 

### The addition of agriculture as a designated use to fresh waters Classes

# AA 

# A B C and 

# GPA submitted to 

## EPA on August 

## 26 2003 and

• 

### The reclassifications submitted to 

## EPA on December 

# 7 2009 of Otter 

### Creek a tributary of Seboeis 

### Stream Alder 

### Stream and South Branch 

### Stream a tributary to the Mattarniscontis 

### Stream from Class 

## B to Class

# A and of Grand Falls Flowage between Route 

## l Princeton and Indian 

### Township and Black Cat Island from Class 

## B to Class 

# GPA
Criteria For waters throughout the State of 

### Maine including in Indian lands the following water quality criteria provisions contained in 

## DEP Rule Chapter 

## 584 Surface Water Quality Criteriafor Toxic Pollutants Appendix

# A submitted to 

## EPA on January 

## 14 2013

• Freshwater and marine aquatic life criteria for diazinon and nonylphenol

• Freshwater aquatic life criteria for acrolein

• Corrections of Federal Register CitesSources in Tables I and II of Appendix

# A clarifications in footnote II in Table I and footnotes 

# A and 

## C and Additional Note 4 in Table II and

• Footnote 

## aME in Table I of Appendix 

## A except for the first sentence related to arsenic which 

## EPA is taking no action 

## on
For all waters in 

### Maine except for waters in Indian lands the following water quality criteria contained in 

## DEP Rule Chapter 

## 584 Surface Water Quality Criteria forToxic Pollutants Appendix 

# A submitted to 

## EPA on January 

### 14 2013

• 

### Human health criteria for the consumption of water plus organisms for acrolein and

• 

### Human health criteria for the consumption of organisms only for acrolein and phenol For all waters in Indian lands the following water quality criteria provisions

• 

### The provision regarding dissolved oxygen measurement requirements in riverine impoundments contained in 38 

# MRS 464 

# 13 submitted to 

## EPA on August 

## 26 2003

• Aquatic life criteria provisions in 38

# MRS 420 

# 1 

# B

# A

# l l 

# B

# Cl 

# B

# D and 

# 1 

# B

# E submitted to 

## EPA on 

## May 14 2004 except for revisions 

### made at in 38

# MRS 420 

# 1 

# B

# Cl and 

## l 

# B

# C2 that describe the state regulatory procedures for establishing site specific bioaccumulation factors and which are not 

# WQS see 

## below

• 

### The Classification Attainment Evaluation Using Biological Criteriafor Rivers and Streams contained in 

## DEP Rule Chapter 

## 579 submitted to 

## EPA on 

## May 14 2004

• All provisions of 

## DEP Rule Chapter 

## 584 Surface Water Quality Criteria for Toxic Pollutants including Appendix

# A submitted to 

## EPA on January 

## II 2006 except for

• All 

### human health criteria in Appendix

# A which 

## EPA is disapproving see 

## below

3• the 

### ammonia aquatic life criteria in Appendix 

## A and 

# 7

# C on which 

## EPA is taking no action at this time see 

## below and

• provisions which are not 

# WQS see 

## below

• 

### The 

## 30 day average dissolved oxygen criterion of 6.5 

## ppm for certain Class 

## C waters contained in 38 

# MRS 465

# 4

# B submitted to 

## EPA on January 

## 11 2006

• 

### The instream design flows for the application of water quality criteria for aquatic life and 

### human health protection which are consistent with EPA's current guidance IQ 10 low flow for acute aquatic life criteria 7Q10 low flow for chronic aquatic life criteria and harmonic 

### mean flow for 

### human health criteria contained in 

## DEP Rule Chapter 

### 530 

# 4

# B submitted to 

## EPA on January 

## 11 2006 and

• Revisions at 38

# MRS 465

# 3

# C2 and 

## 465

# B2

# C enacted in Chapter 

### 291 

# L

# D 1274 

## An Act to Allow the Discharge of Aquatic Pesticides Approved by the Department of Environmental Protection for the Control of

### Mosquito borne Diseases in the Interest of Public Health and 

## Safety submitted to 

## EPA on April 

## 8 2008 General
For all waters in Indian lands

• 

### The provisions in 38

# MRS 464

## 3

# B that ensure that a hearing will be held at least once every three years for the purpose of reviewing Maine's water quality standards and revising them as appropriate consistent with 40 

# CF

# R 131.20 submitted to 

## EPA for review on 

## May 14 2004 Disapprovals
Pursuant to Section 

## 303

# c3 of the 

# CWA and 

## 40

# CF

# R part 

### 131 I hereby disapprove the following 

### new and revised water quality standards For all waters in Indian lands

• 

### The mercury 

### human health criteria revision at 38 

# MRS 420 

# 1 

# B

# A

# 2 submitted to 

## EPA May 14 2004

• All 

### human health criteria in 

## DEP Rule Chapter 

## 584 Surface Water QualityCriteriafor Toxic Pollutants Appendix 

# A submitted to 

## EPA on January I 

## l 2006 and

• 

## Human health criteria revisions related to arsenic acrolein and phenol in 

## DEP Rule Chapter 

## 584 Surface Water Quality Criteria for Toxic Pollutants Appendix

# A and the last sentence in 

# Ch 584 

# 5C related to the fish consumption rate submitted to 

## EPA on January 

## 14 2013
Revisions for 

### Which 

## EPA is 

### Not Making a Decision at This 

### Time 

## EPA is not deciding to approve or disapprove the following 

### new or revised 

# WQS at this time
For all waters in Indian lands

• 

### The ammonia criteria for protection of aquatic life in 

## DEP Rule Chapter 

## 584 Appendix 

# A submitted to 

## EPA on January 

## 11 2006

4• 

### The recreational bacteria numeric criteria for the protection of primary contact recreation for Class 

## Band 

## C waters in 38

# MRS 465

# 3

# B and 

# 4

# B submitted to 

## EPA on January 

## 11 2006

• 

### The revisions 

### made in 

# L

# D 1450 at 38

# MRS 465

# B2

# B and 

# 3

# B which extended the applicability of the bacteria criteria for Class 

## SB and Class 

## SC waters to include bacteria of domestic animal origin submitted to 

## EPA on January 

### 11 2006 and

• 

### The first sentence of Footnote 

## aME in Table I of Appendix 

## A and the last sentence in 

# Ch 584 4 the cancer risk level to be used to calculate 

### human health criteria for inorganic arsenic For all waters throughout 

### Maine including in Indian lands

• 

### The revision 

### made in 

# L

# D 1304 at 38

# MRS 464

# 4

# A

# 3

# a and 

# 465

# 3

# C1 and 

## 4

# C related to certain pesticide discharges submitted to 

## EPA on January 

## 11 2006

• 

### The revisions 

### made in 

# L

# D 1304 at38 

# MRS 465

# 3

# B and 

# 4

# B which extended the applicability of the bacteria criteria for Class 

## B and Class 

## C waters to include bacteria of domestic animal origin submitted to 

## EPA on January 

## 11 2006

• 

### The revision 

### made in 

# L

# D 1778 at 38 

# MRS 465

# Al

# B which extended the applicability of the bacteria criteria for Class 

## GPA waters to include bacteria of domestic animal origin submitted to 

## EPA on April 

## 8 2008

• 

### The phenol criteria for the protection of 

### human health consumption of water plus organisms in 

## DEP Rule Chapter 

## 584 Appendix

# A submitted to 

## EPA on January 

## 14 2013 and

• 

### The revision 

### made in 

# L

# D 1430 at 38 

# MRS 464

# 4

# A

# 3

# b related to certain pesticide discharges to tributaries of

## GPA waters submitted to 

## EPA on February 

## 27 2014 For waters outside of waters in Indian lands

• 

### The reclassification of a 0.3 mile segment of 

### Long Creek that flows through Westbrook from Class 

## B to Class 

# C submitted to 

## EPA on 

### December 

# 7 2009 Revisions 

### That are not 

# WQS and do Not Require 

### an 

## EPA Decision

I have concluded that the following revisions which relate to exemptions from discharge prohibitions testing and licensing provisions related to discharges updates of federal statutory and regulatory references and procedural provisions that establish processes for adopting alternative criteria and establishing sitespecific bioaccumulation factors are not water quality standards requiring 

## EPA review and approval or disapproval

• Revisions 

### made at 38 

# MRS 465 l

# C2 and 

# 2

# C

# 2 enacted as Chapter 

## 574 

# L

# D 1833 

## An Act to 

## Amend Water Quality 

### Laws to Aid in Wild Atlantic 

### Salmon Restoration submitted to 

## EPA on 

## May 14 2004

• Revisions 

### made at 38

# MRS 420 

# 1 

# B

# B related to discharger compliance submitted to 

## EPA on 

## May 14 2004

• Revisions 

### made at in 38

# MRS 420 

# 1

# B

# Cl and 

## l 

# B

# C2 that describe the state regulatory procedures for establishing site specific bioaccumulation factors submitted to 

## EPA on 

## May 14 2004

5• Revisions 

### made at 38

# MRS 361

# Al 

# J and 

# 1

# K enacted as Chapter 

## 330 

# L

# D 1588 Sections 7 and 

# 8 which updated the definitions of 

### Code 

## OfFederal Regulations and Federal Water Pollution Control 

### Act to include their amendments through January 

## 1 2005 submitted to 

## EPA on January 

## 11 2006

• Revisions 

### made at 38 

# MRS 464 

# 4

# Al c and 

# d 465 l

# C3 and 

# 2

# C

# 3 and 

## 465

# A l

# C enacted as Chapter 

### 182 

# L

# D 1304 

## An Act Concerning Invasive Species and Water Quality 

### Standards submitted to 

## EPA on January 

## 11 2006

• Revisions 

### made at 

## DEP Rule Chapter 584 

# 3 submitted to 

## EPA on January 

## 11 2006 regarding adoption procedures for alternative statewide and site specific criteria This includes the requirement in Chapter 584 

# 3

# A2 that statewide criteria must be initiated in accordance with the petition for rulemaking provisions of the State Administrative Procedures 

### Act 5

# MRS

# A Section 

## 8055 the provision in the first paragraph of Chapter 584 

# 3

# B that site specific criteria must only be adopted by the Board as part of a waste discharge license proceeding pursuant to 38 

# MRSA Sections 413,414 and 

## 414

# A and the first two sentences ofthe second paragraph of Chapter 584 

# 3

# B

• Revisions 

### made at 38

# MRS 464

# 4

# Al 

# e 465 

# 1

# C4 and 

# 2

# C

# 4 465 

# Al

# C

# 4 and 

## 465

# Bl

# C

# 2 enacted as Chapter 

## 291 

# L

# D 1274 

## An Act to 

### Allow the Discharge of Aquatic Pesticides Approved by the Department of Environmental Protection for the Control of Mosquito borne Diseases in the Interest of Public Health and 

### Safety submitted to 

## EPA on 

### AprilS 2008

• Revisions 

### made at 38 

# MRS 420 

# 1

# BF and 

## 464

# 41 and 

# K related to testing and licensing requirements for waste discharges that were included in 

## LD 515 submitted to 

## EPA on January 

## 14 2013 and

• Revisions 

### made at 38 

# MRS 464 

# 4

# Al 

# f 465 

# 1

# C5 and 

# 2

# C

# 5 465

## A l

# C

# 5 and 

## 465

# Bl

# C

# 4 enacted as Chapter 

### 193 

# L

# D 1430 

## An Act to Clarify the Permitted Use of Aquatic Pesticides submitted to 

## EPA on February 

## 27 2014 

## EPA looks forward to continued cooperation with 

### Maine in the development review and approval of water quality standards pursuant to our responsibilities under the Clean Water 

### Act 

## EPA would like to begin discussions with 

## DEP as soon as possible about the criteria that 

## EPA
is disapproving and those about which 

## EPA is making no decision 

## EPA will contact you next 

### week to schedule such discussions In the 

### meantime please contact Ellen Weitzler at weitzler

### ellenepa gov or

## 617918 1582 if you have any questions 

# JjJe

# 1 

# 4cn
Regional Administrator

6