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 application 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 Attorney (Penobscot Indian Nation)

Gordon Kenny, Mapetsi Policy Group Attorney (Penobscot Indian Nation)

John Harte, Mapetsi Policy Group 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 Regional 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 Standards 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 Headquarters

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 boundary information as EPA moves 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 preference is for 

the State 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 the 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 State’s plans to address some 

or all of the issues EPA identified in our decisions.

The Regional Administrator explained that as 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 islands 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 the 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 analysis. The Nation took no 

exception with this approach.

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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