UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

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

- 3912

MEMORANDUM

SUBJECT : Tribal Consultation : Maine Water Quality Standards

Penobscot Nation Tribal Boundaries

FROM : Michael Stover , EPA Region 1 Indian Program Manager

TO : file

DATE: March 31, 2016

On Thursday, September 10 2015 from 9:00am

– 10 :00pm , a conference call was held with the Penobscot

Indian Nation regarding tribal boundaries as they relate to the app lication of water quality standards pertaining to waters in Indian lands in Maine

. Present on the conference call were:

Chief Kirk Francis, Penobscot Indian Nation John Banks, Natural Resources Director, Penobscot Indian Nation Dan Kusnierz, Water Program Manager, Penobscot Indian Nation Mark Chavaree, Tribal Attorney, Penobscot Indian Nation Kaign Smith, Drummond Woodsum A ttorney (Penobscot Indian Nation) Gordon Kenny , Mapetsi Policy Group Attorney (Penobscot Indian Nation)

John Hart e, Mapetsi Policy Grou p Attorney (Penobscot Indian Nation)

Debbie Ho , Mapetsi Policy Group Attorney (Penobscot Indian Nation) H. Curtis Spalding, Regional Administrator, EPA Region 1 Deb Szaro, Deputy Regional Administrator, EPA Region 1 Carl Dierker, Director, Office of Region al Counsel, EPA Region 1 Tim Williamson, Deputy Director, Office of Regional Counsel, EPA Region 1 Ken Moraff, Director, Office of Ecosystem Protection, EPA Region 1 Ralph Abele, Water Quality Branch Chief, EPA Region 1 Jeanne Voorhees, Water Quality Stand ards Coordinator, EPA Region 1 Matt Hoagland, Branch Chief, Wetlands, EPA Region 1 Michael Stover, Indian Program Manager, EPA Region 1 Tod Siegal, Office of General Council, EPA Headquarters Andrew Baca, American Indian Environmental Office, EPA Headquart ers Claudia Fabiano, Office of Water, EPA Headquarters Bella Wollitz, Office of the Solicitor, Bureau of Indian Affairs



### During the conference call, the Regional Administrator explained that EPA seeks the Nation’s input on how EPA will factor tribal bounda ry information as EPA move s forward in preparing for promulgation of water quality standards pertaining to waters in Indian lands in Maine.

The Regional Administrator then provided the background and status of the water quality

standards issue: EPA issued three sets of disapprovals to the State on February 2nd, March 16th and June 5th. The Clean Water Act requires EPA to promulgate federal standards if water quality disapprovals are unaddressed for more than 90 days. The 90

- day period expired for all three sets
of decisions. However, EPA has communicated to the state that EPA’s strong prefe rence is for

the S tate to address the issues by making the necessary revisions to its standards, and EPA is willing to work with the state beyond that 90

- day period if th e state is diligently working to put

### protective criteria in place. The Regional Administrator indicated that EPA has an upcoming meeting with the state DEP on September 21 , 2015 to discuss the S tate ’s plans to address some

or all of the issues EPA identifi ed in our decisions.

The Regional Administrator explained that a s a backstop, in the event DEP decides not to move forward to address these issues, or is unable to do so for reasons beyond its control, EPA needs to have a process in place that will ensure a timely remedy to the issues identified in EPA’s decisions. Therefore, EPA has initiated a federal promulgation process to address the issues identified by EPA’s disapprovals. EPA is moving forward with proposing protective standards pertaining to waters in Indian lands in Maine

, and seeks to have this discussion with the Nation regarding tribal boundaries that may become the geographical basis for proposing such protective standards.

EPA then relayed to the Nation that while EPA understands there are is lands within the

Penobscot River whose ownership is disputed, EPA’s setting of protective water quality

standards would apply to waters in the main stem of the Penobscot River

, under the assumption

that the Tribe’s reservation includes waters at least to t he thread of the river, from Indian Island

northward to the confluence of the east and west branches , and that for the scope of this action,

tributaries of the Penobscot River would not be included in the analy sis. The Nation took no exception with this ap proach.

The Penobscot Nation thanked the Regional Administrator for EPA’s support in protecting the Tribe’s sustenance fishing rights and uses.

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