UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION I
5 POST OFFICE SQUARE, SUITE 100
BOSTON, MASSACHUSETTS 02109

- 3912

MEMORANDUM

SUBJECT : Tribal Technical Consultation : Maine Water Quality Standards: Copper and Asbestos

FROM : Mi chael Stover , EPA Region 1 Indian Program Manager

TO : file

DATE: March 31, 2016

On Wednesday, October 28, 2015 from 11:00am

– 12:00pm , a technical consultation conference call was held with the Maine tribal environmental directors regarding the applic ation of water quality standards pertaining

to waters in Indian lands in Maine , specifically regarding copper and asbestos standards

. Present on the

conference call were:

Fred Corey, Environmental Director, Aroostook Band of Micmacs Sharri Venno, Environm ental Planner, Houlton Band of Maliseet Indians Cara O’Donnell, Water Resources Manager, Houlton Band of Maliseet Indians Jane Stedman, Attorney, Kanji & Katzen ( Houlton Band of Maliseet Indians ) Tim Williamson, Deputy Director, Office of Regional Counsel, EPA Region 1 Ann Williams, Office of Regional Counsel, EPA Region 1 Ken Moraff, Director, Office of Ecosystem Protection, EPA Region 1 Ellen Weitzler, Municipal Permits Section Chief, EPA Region 1 Jeanne Voorhees, Water Quality Standards Coordinator, EPA Region 1 Matt Hoagland, Branch Chief, Wetlands, EPA Region 1

Sara Levin son, Office of Regional Administrator, EPA Region 1 Michael Stover, Indian Program Manager, EPA Region 1

EPA opened the consultation by discussing this opportunity for EPA to receive i nput from the tribes on Maine’s water quality standards for copper and a sbestos as applicable to waters in Indian lands

. EPA explained that o n February 2, 2015, EPA disapproved Maine’s new or revised human health criteria (HHC), set forth in DEP Rule Chapt er 584, as they relate to waters in Indian lands in Maine. The disapprovals were based on EPA’s conclusion that the HHC do not protect the sustenance fishing use in those waters because Maine’s 32.4 g/day fish consumption rate is not representative of an unsuppressed sustenance fish consumption rate by the tribes, who are the target general population in waters in Indian lands.

EPA explained that a mong the new or revised HHC that EPA disap proved were the HHC for copper and

asbestos

. However, unlike the other HHC that EPA disapproved, EPA’s Clean Water Act (CWA) section 304(a) National Recommended Water Quality Criteria (NRWQC) for these pollutants, on which Maine’s criteria are based, were not derived using a fish consumption rate. Rather, EPA set its N RWQC for copper

and asbestos (water only, no organism/fish component) equal to EPA’s Safe Drinking Water Act (SDWA) Maximum Contaminant Level Goals (MCLGs) for those pollutants. These MCLGs are based on ingestion of water, and are not based on or affected by specific fish consumption rates. EPA is considering whether the basis for EPA’s disappro vals of the HHC in the first decision letter should n ot apply to these criteria, and sought feedback from the tribes.

Sharri Venno asked EPA to speak to the level of exposure and associated risk of tribal members. Ellen Weitzler responded that from the literature that she has read, copper and asbestos is not prone to significant

bioaccumulation in fish that would pose human health risk.