OS UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION

g 5 POST OFFICE SQUARE SUITE 100

sr BOSTON MASSACHUSETTS 021093912

PI

14 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 for Approval of Water Quality Standards Revisions within Indian

Territories

Dear Commissioner Aho

This letter responds to the request in your January 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 or lands By letter dated May le 2013 EPA

has approved the arsenic criteria revisions for waters outside Indian territories in Maine while

committing to act on Maines submission for approval 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 for waters in Indian

territories in Maine Part of EPAs assessment will be deciding whether as revised the human

health criterion for arsenic is sufficiently protective of the sustenance fishing rights reserved to

the Passatnaqueddy Tribe and Penobscot Nation within the boundaries of their respective

reservations We have initiated this consultation both by letter and an initial inperson meeting

However we believe this consultation would greatly benefit from the direct involvement of the

Maine DEP as the Department is in the best position to explain to the tribes and EPA how the

analyses mid the selection of the fish consumption rate used in the revision of the standard

protects the tribes reserved sustenance fishing rights The Departments participation would

also demonstrate the spirit of Governor LePages Executive Order regarding 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 by the 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 conversation

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In 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 of views 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 of this calendar year

Please consider this request to involve Maine DEP in our consultation process with the tribes

over this matter and let me know if you are in agreement with this approach Should you have

any questions please do not hesitate to contact me We look forward to continued cooperation

with the State of Maine in the development review and approval of water quality standards

pursuant to our responsibilities under the Clean Water Act

H Curtis Spalding

Regional Administrator

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