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UNITED STATES ENVIRONMENTAL PROTEDTION AGENCY

REGION I

JOHN P KENNEDY FEDERAL BUiLDING

BOSTON MASSACHUSETTS 04020001

May 31 1996

Honorable Richard Hamilton

Penobscot Nation

Community Building

Indian Island

Old Town ME 04468

COF204 OP 7116

RECEOIAL ARMINESTWOR

Dear Governor Hamilton

This is in response to your letter of February 29 1996 requesting that EPA begin the

process of establishing federally promulgated water quality criteria for certain

organochlorides which contribute to the contamination of fish in the Penobscot River

and result in a health advisory

I share your goal ofreducing the level of todcs in fish so that they may be consumed

safely without the need for a health advisory I believe the most promising approach

to achieving our mutual objective is through thoughtfully applying the current

standards carefully permitting sources consistently monitoring fish tissue as controls

are implemented and adjusting those controls accordingly as we learn More from fish

tissue monitoring This strategy will be most successful if we enlist the cooperation

of all of the stakeholders in the watershed Through this type ofan effort we should

strive for elinaination of the fish advisory as soon as possible

The crrganochloride causing a fish advisory in the Penobscot River is dioxin in 1990

Maine amended its water quality statute to require that EPAs national criterion for

dioxin would apply in Maine if the Maine Board of Environmental Protection failed

to adopt its own criterion by Tune 1991 The Board did not adopt an alternative

dioxin criterion nor did it select a cancer risk level for applying EPAs criterion In

1993 Maine amended its water quality statute to prohibit the Board from adopting

any numeijc water quality criterion for är setting a cancer risk level from exposure

to dioxin prior to January 1994 The Board has not yet adopted its own alternative

dioxin criterion nor has it selected a risk level for implementing EPAs dioxin

Criterion

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EPA interprets the current Maine water quality statute to mean that a state dioxin

criterion based on EPAs national criterion remains in effect but there is no risk level

established by the State for dioxin In the absence of an explicit risk level

designation but in consideration of other provisions of the Maine standards EPA

generally implements the state dioxin criterion using a 106 level of risk one in a

million risk of an additional cancer When this risk level is factored in with the other

elements ofEPAs dioxin criterion that are in effect in Maine this yields an instream

dioxin level of 0013ppq In the case of the Lincoln Pulp and Paper draft permit EPA

proposed to establish an effluent limit fordioxin based on an ambient concentration

of dioxin of 00078 ppq This concentration reflects a risk level that takes into

account that the 50th percentile level of fish consumption in the tribe is greater than

the 50th percentile level of fish consumption in the general population

We believe that the current dioxin criterion which applies in Maine is capable of

being implemented in the individual permitting context to protect the uses including

fish consumption of the waters affecting the Penobscot Indian Nations reservation

Prior to making a final decision on the Lincoln Pulp and Paper permit EPA will

carefully evaluate the impact of permitted dioxin levels on the tribe and respond to

comments we have received from the tribe including those regarding fish

consumption levels and other parties on this issue

EPA expects to receive a final biological opinion on the effects of the proposed

reissuance ofthe Lincoln Pulp and Paper NPDES permit on the threatened bald eagle

from the US Fish and Wildlife Service within the next two months Once we

receive the opinion we plan to issue a final discharge permit within several months

The permit will include provisions designed to address the tribes fishing rights and

the fish ccinsumption advisory problem We believe that the most efficient and

effective way to address the tribes concern at this time is through the permit process

rather than through a separate federal promulgation of a dioxin criterion

Promulgation of a dioxin criterion for waters adjacent to the Penobscot reservation

would not necessarily yield different or more stringent effluent limitations for the

Lincoln Mill as would an effluent limit based on EPAs implementation of the current

Maine criterion yet promulgation would require a longer and more resource intensive

administrative process Therefore EPA intends to continue to focus its attention on

completing the Lincoln permit at this time

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As you may be aware the state ofMaine has recently expressed interest in examining

its dioxin criterion EPA is ready to mirk with the tribe and Dgp to develop a sound

longterm strategy for dealing with dioxin in the Penobscot I share yOur goal of

reducing the levels of toxics in fish so that there is no need for a health advisory I

look forward to working withyou to achieve this objective as soon as possible

Sincerely

JL

John P DeVillars

Regional Administrator

Edward Sullivan Maine DEP

Joseph Torres Lincoln Pulp and Paper

Michael Bartlett US Fish and Wildlife Service

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