### OS 

## UNITED STATES 

# ENVIRONMENTAL PROTECTION 

# AGENCY REGION g 5

## POST OFFICE

# SQUARE SUITE 100
sr 

# BOSTON MASSACHUSETTS 021093912 PI14 PROlt

June

## 24 2013

Patricia

# W Aho Commissioner 

### Maine Department of Environmental Protection 17 State 

### House Station 

### Augusta 

# ME 043330017 

# RE State of

### Maine Request forApproval ofWater Quality Standards Revisions within Indian Territories



### Dear Commissioner

## Aho
This letter responds to the request in yourJanuary 

## 14 2013 letter that

## EPA approve the Submitted water quality standard revisions as effective throughout the State of

### Maine without distinction as to waters within Indian territories orlands 

## By letter dated 

## May 

# le 2013 

## EPA has approved the arsenic criteria revisions forwaters outside Indian territories in 

### Maine while committing to act on 

### Maines submissionforapproval in the Indian territories 

### As part of

## EPAs trust responsibility to the tribes 

## EPA must consult with the tribes in 

### Maine before determining whether to approve the arsenic criteria revisions forwaters in Indian territories in 

### Maine Part of

## EPAs assessment will be deciding 

### whether as revised the 

### human health criterion for arsenic is sufficiently protective ofthe sustenance fishing rights reserved to the Passatnaqueddy Tribe and Penobscot Nation within the boundaries oftheir respective reservations 

## We have initiated this consultation both 

### by letter and an initial in

### person meeting 

## However we believe this consultation 

### would greatly benefit from the direct involvement ofthe 

### Maine

# DEP as the Department is in the best position to explain to the tribes and 

## EPA how the analyses 

### mid the selection ofthe fish consumption rate used in the revision ofthe standard protects the tribes reserved sustenance fishing rights 

### The Departments participation 

### would also demonstrate the spirit ofGovernor 

### LePages Executive Orderregarding consultation and 

### communication with the tribes 

## EPA understands that 

### Maine revisited the fish consumption rate in the initial proposed revision in part in response to concerns raised 

### bythe tribes and

## EPA among others 

### Our initial discussions with the tribes indicate that they still 

### have questions about 

### Maines final decision 

### on the fish consumption rate 

## We believe involving 

## DEP in the consultation process described above 

### would in an appropriate 

### forum for this conversationIn addition 

## EPA intends to publish a notice explicitly seeking public input on the applicability of the revised arsenic criterion in question to waters within Indian territories 

### The resulting record will hopefully provide

## EPA with a full range ofviews 

### on this matter 

## We would then conclude our consultation with the tribes and

### make a decision that addresses any

### comments 

## we receive that are not already sufficiently addressed in 

### Maines submission 

## We envision completing this process 

### by the

### end ofthis calendar year Please consider this request to involve 

### Maine

## DEP in our consultation process with the tribes over this matter and let

## meknow if you are in agreement with this approach Should 

### you have any questions please do not hesitate to contact

# meWe look forward to continued cooperation with the State of

### Maine in the 

### development review and approval ofwater quality standards pursuant to our responsibilities under the Clean Water 

### Act



# H Curtis Spalding Regional Administrator