UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION I

February 13, 2015 Hon.PaulR.LePage Governor 1 State House Station Augusta, Maine, 04333-0001 5 POST OFFICE SQUARE SUITE 100 BOSTON, MASSACHUSETTS 02109-3912

Re: Maine Water Quality S tandards in Tribal Waters Dear Governor LePage: Thank you for your letter ofFebruary 11,2015. EPA's decision on Maine's water quality standards as they apply to tribal waters in Maine resulted from a careful analysis ofthe requirements ofthe Clean Water Act and the Indian settlement acts in Maine, both federal and state. EPA also considered and relied on a written L egal opinion dated January 30, 2015 from the Solicitor of the Department of the Interior, which addressed several of the issues involved in EPA's decision. I can assure you that the Agency was motivated solely by the desire to apply those statutes faithfully. As you point out and as EPA confirmed, the Indian settlement acts authorize the State to set water quality standards in tribal waters in Maine. But those acts do more than extend the State's jurisdiction to regulate the environment to waters in Indian territories and lands. They confirmed t hat four Tribes in Maine are recognized by both the state and the federal governments. They provided for a land base in the State on which the Tribes could maintain and sustain their unique cultures. And finally, they provided for the Tribes to exercise their long held practice offishing for their sustenance as a vital part of that tribal culture
. As EPA explained in its February 2, 2015 decision, in identifYing the uses of the tribal waters that water quality criteria must protect under the Clean Water Act ("CWA"), EPA could not ignor e an important purpose ofthe Indian settlement acts to provide the Tribes the ability to continue their sustenance fishing practices. The Agency is eager to work with Maine if the State is interested in developing revised human health criteria that will protect the Tribes' sustenance fishing practices. I understand that responding to EPA's decision constructively may take longer than 90 days. Please understand that Congress wrote the 90-day timeframe into the CWA; the Agency did not select it. But it is important to be clear about what does and does not happen after 90 days. After that date, while EPA has the duty under the CW A to propose and promulgate federal standards ifthe State does not adequately respond to EPA's disapproval of the State's human health criteria, the State nevertheless retains the authority to address EPA's disapproval and revise its standa rds to avoid a federal promulgation. IfMaine is di ligently working to develop criteria that protect the Tribes'sustenance fi shing in tribal waters, but is unable to complete that effort in 90 days, EPA would be happy to continue working with the State beyond the 90-day period to help ensure the adoption of adequate state criteria. I am pleased that you and Commissioner Aho remain focused on protecting Maine waters based on sound science and applicable law, as i s EPA. I hope we can cooperate in assuring that the sustenance fishing practices that are part ofthe state and federal law applicable to these waters will be protected.

# Si~)**/) Y** 
H. Curtis Spa lding Regional Administrator

cc: Commissioner Patricia Aho, Maine DEP Hon. Susan M. Collins, U.S

. Senate Hon. Angus S. King, U.S

. Senate Hon. Bruce 

### L. Poliquin, U.S. House of Representatives Hon. Chellie M. Pingree, U.S. House of Representatives

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