# • STATB OF MAI NE DEP ARTMENT OF ENVIRONM E NTAL P R OTECT ION

P AUL R. LE P AGE GOVERN OR P ATRIC IA W. AHO COMM ISSIONER

AU GUSTA February 21, 2014 Ralph Abele Chief Water Quality Branch United States Environmental Protection Agency Region 1 5 Post Office Square - Suite 100 Boston, MA 02109-3912 RE: Maine's 2012 §303(d) list and Integrated Water Quality Report Dear Mr. Abele, The Maine Department of Envi ronmental Protection hereby submits our fina l draft 20 1 2 Integrated Water Quality Monitoring and Assessment Report to the U.S
. Environmental Protection Agency as required of Sections 305(b) and 303(d) of the Clean Water Act , and in fulfillment of the reporting r equ i rements of 38 M.R.S.A. Section 464.3.A. of the State of Maine's Wate r Classification Progr a m . Descriptions of the li sting methods used by the Department are presented i n Chap ter 4. Specific surface waterbody attainment and impairment assignments are found In the Appendices (a separate document and el ectron ic file)
. The appendices are broken into four waterbody types: rivers/str eams, lakes, wetlands and estuarine/marine waters . Summary of Signific a nt Findings o Thirty-two river and stream assessment units ar e dellsted f r om Category 5-A for the 2010 cycle. As noted below, most of the decrease in Category 5-A is d ue to approval of the Statewide % Impervious Cover Total Maximum Daily Load (TMDL). In addition, thirteen segments are added to Category 3 , five segments to Category 4-B and nine segments to Ca tego ry 5. • In September 2012 EPA approved a Statewide 

### o/o I mpervious Cover TMDL that resulted in the re moval of 30 segments with aquatic l ife impai rments from Category 5-A to Category 4-A. These 30 segment s are located in 18 different towns. Two segments are delisted from Category 5-A to Cat egory 2 based on newer data showing water quality standards attainment.

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• Thirteen segments are added to Category 3 based on new data indicating potential impairment. • In May 

### .2011, new MEPDES permits incorporating phosphorus discharge limits for mills on the freshwater portion of the Penobscot River were issued, putting in place water quality protection based on actual waste load allocations. As a result of this permitting action, five mainstem segments are being moved from to Category 5-A to 4-B in the current reporting cycle. • Seven segments are newly listed in Category 5-A for aquatic life impairments and two segments are newly listed in Category 5-B for bacteria-only impairments. o Lakes and ponds of Maine were relatively unchanged (as a percent of total assessed waters) with respect to their listing categories during the 

### 2010 to 

### 2012 time frame: This period saw a small reduction in Category 

### 3, 4-A and 5-A and a small increase in Category 

### 2 waters . Two lakes were delisted from Category 5-A to Category 

### 2 because a paleolimnological study indicated naturally eutrophic conditions, two lakes were moved from Category 4-A to Category 

### 2 due to an improvement in water quality, and one lake was moved from Category 

### 3 to Category 5-A based on new data indicating impairment. o All freshwaters in Maine continue to be listed for an impaired Fish Consumption Use caused by mercury from sources beyond the region. These waters are in Category 4-A because of US EPA's approval, on December 

### 20, 2007, of a Regional Mercury TMDL. Many malnstem river segments are listed In Category 5-D for non-attainment of the fish consumption use due to legacy PCB contamination of fish tissue. o Maine DEP began development of a biological monitoring and assessment program for freshwater wetlands in 

### 1998 and wetland numeric biocrlteria are currently being developed. For the current cycle, attainment decisions are based on expert judgment of DEP biologists using statutory narrative aquatic life use criteria. In the 

### 2012 report, eight new waters are added to Category 

### 2 based on new data showing attainment, three waters are added to Category 

### 3 based on data lndicatlng potential Impairment and two waters are moved to Category 5-A based on data indicating impairment. Furthermore, five waters are moved to Category 4-A as a result of the Statewide 

### % Impervious Cover TMDL. o For estuarine and marine waters, one waterbody is delisted from Category 3 to Category 2 due to new information. One Category 3 waterbody was subdivided into 2 segments. which are moved to Category 5-A based on new data indicating impairment. 

### o The Groundwater Program Is described In Chapter 6. A significant portion of Maine's groundwater may be threatened by contamination, particularly in unforested areas, which comprise approximately 11% of the State. Important sources of groundwater contamination In Maine include disposal activities such as septic systems and landfills, leaking storage facilities, agriculture, spilled hazardous materials or previously unregulated activities.

### Letter to Ralph Abele February 21, 2014 Page 3 of3 We greatly appreciate the outstanding support and professionalism of Jennie Bridge, and her prompt, accurate and Insightful reviews of the Report. Her attention to detail was a great help to my staff and has significantly improved the version we are now submitting for final review. We look forward to EPA's review of this final draft of Maine's 

### 201 · 2 Integrated Report. Sincerely,

Michael Kuhns, Director, Bureau of Land and Water Quality cc: Don Witherill, Director, Division of Environmental Assessment (DEA) Susanne Maidel, Water Quality Standards Coordinator, OEA Jennie Bridge, USEPA Region 1 Diane Switzer, USEPA Region 1 Greg Dain, USEPA Region 1

# State of Maine Department of Environmental Protection

2012 Integrated Water Quality Monitoring and Assessment Report

DEPLW
- 12462012 Maine Integrated Water Quality Report 

### Environmental Protection Agency indicated their support of the new version of the draft rule. Chapter 

### 583 focused on freshwater systems and described how the Department would use total phosphorus (TP) concentrations and envir onmental response indicator measurements in a decision framework to determine attainment of designated uses (e.g., recreation, aquatic life support). The proposed rule also described how the Department would use the attainment determinations for the estab lishment of nutrient discharge limits in National Pollutant Discharge Elim i nation System permits . Chapter 

### 583 will eventually include nutrient criter ia for marine waters , which will include thresholds for tota l nitrogen (TN) as well as environmental response indicators to determine attainment of designated uses in estuarine and coastal waters. Marine nitrogen criteria are currently under development. For more information on both freshwater and marine nutrient criteria, please visit the followi ng website: http ://www. maine . gov /dep/water/nutrient-criteria/index
.htm I Non-numeric listing criteria for this cause of Aquatic Life Use (ALU) impairment consist of documentation of abnormal biological findings that indicate nutrient enrichment in rivers and streams as well as marine and estuarine waters . Excess nutrients impair ALU through alteration of habitat, creation of diurnal dissolved oxygen sags caused by excessive plant and algae growth , abundant epiphytic growth resulting in decreased light availability to submerged vegetation , and alteration of benth ic macroinvertebrate assemblage structure . Bacteria: 

### Assessment is based on repeated measurements (generally at least six) to establish an annual geometric mean. Single sample measures are high ly variable and not a reliable ind icator of impairment or attainment, but the instantaneous criterion p rovides a benchma rk fo r use in interpreting of Mai ne' s water quality standards . Impairment decisions are made using diagnostic p rocedures that determine the probability of a human or domestic animal source of bacteria; bacteria of wildlife origin do not violate Maine's standards 

### (38 M . R.S
.A Section 465 , 465-A, 465-8). Water Color: 

### Assessment based on · repeated measurements of discharge performance data (pulp and paper discharges only). General Provisions: 

### pH based on repeated measurements (between 6.0 and 

### 8 .5 for freshwaters ; 7 .0 and 

### 8 .5 for marine waters) , however, certain naturally occurring waterbody types (e.g
. bogs, aquifer lakes , high elevation lakes) or events may naturally have low pH and affect downstream waters. Use impairment from solids is subjectively determined . Radioactivity in surface water is not presently monitored .

Maine DEP 2012 305(b) Report and 303(d) List 67