• 

STATB OF MAI NE 

DEPARTMENT OF ENVIRONME NTAL P ROTECT ION 

PAUL R. LEPAGE 

GOVERNOR 

PATRICIA W. AHO 

COMMISSIONER 

AUGUSTA 

February 21, 2014 

Ralph Abele 

Chief Water Quality Branch 

United States Environmental Protection Agency 

Region 1 

5 Post Office Square - Suite 1 00 

Boston, MA 02109-3912 

RE: Maine's 2012 §303(d) list and Integrated Water Quality Report 

Dear Mr. Abele, 

The Maine Department of Environmental Protection hereby submits our final draft 2012 

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 requirements of 38 M.R.S.A. Section 464.3.A. of the State of Maine's 

Water Classification Program. 

Descriptions of the listing methods used by the Department are presented in Chapter 4. 

Specific surface waterbody attainment and impairment assignments are found In the 

Appendices (a separate document and electronic file). The appendices are broken into four 

waterbody types: rivers/streams, lakes, wetlands and estuarine/marine waters. 

Summary of Significant Findings 

o Thirty-two river and stream assessment units are dellsted from Category 5-A for the 

2010 cycle. As noted below, most of the decrease in Category 5-A is due 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 Category 5. 

• In September 2012 EPA approved a Statewide o/o Impervious Cover TMDL that 

resulted in the removal of 30 segments with aquatic life impairments from Category 

5-A to Category 4-A. These 30 segments are located in 18 different towns. Two 

segments are delisted from Category 5-A to Category 2 based on newer data 

showing water quality standards attainment. 

BANGOR l'ORTJ,,\ND I'Rl!SQUI! lSI.R 

17 STATE IIOUSE STATION 

AUGUSTA, MJ\INI': 043ll·OOI7 

106 HOGAN ROAD, SUITli 6 

8,\NGOR, MMNE OHOI 

ll2 CANC:O ROAD 

J>ORTJ.AND, l\1.\INH 04103 

1235 Cl!NTRAL DIUVll, SKY\VAY P,\ RK 

PRESQUE ISI.E, MAINE 04Ut? 

{207) 287-7688 FAX: (207) 287-7826 (207) ?41-4570 tt,\X: (207) ?H·H84 (207) 822-6$00 FAX: (207) 822·6303 (207) 764·0477 JI•\X: (207) 760·ll43 

.web •itc: ww,.•.rnainc.go\·/dcp 
Letter to Ralph Abele 

February 21, 2014 

Page 2 of3 

• 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-1246 
2012 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 environmental 

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 

establishment of nutrient discharge limits in National Pollutant Discharge Elimination 

System permits. 

Chapter 583 will eventually include nutrient criteria for marine waters, which will 

include thresholds for total 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 following 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 benthic macroinvertebrate 

assemblage structure. 

Bacteria: Assessment is based on repeated measurements (generally at least six) to 

establish an annual geometric mean. Single sample measures are highly variable and 

not a reliable indicator of impairment or attainment, but the instantaneous criterion 

provides a benchmark for use in interpreting of Maine's water quality standards. 

Impairment decisions are made using diagnostic procedures 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