TO: File

DATE: October 2, 2015

RE: Maine DEP meeting (9/21/15) in Augusta to discuss WQS approvals/disapprovals identified in EPA’s 

2015 February 2, March 16 and June 5 letters

DEP Attendees: EPA Attendees:

Mick Kuhns Brian Kavanah Ken Moraff Ralph Abele

Heather Parent Gregg Wood Matt Hoagland Ellen Weitzler Jeanne Voorhees

Meeting Goals:

• Compare DEP’s and EPA’s lists of approved/disapproved standards

• Address a list of questions from DEP

• Identify disapproved standards upon which DEP and EPA could collaborate now.

Highlights:

1. List Comparison: having compared lists, DEP has a clearer understanding of the standards EPA 

disapproved and where the disapprovals apply, whether in all ME waters or exclusively in Tribal 

waters.

2. Rule Making and Legislative Process: DEP described the rule-making process in ME, its length 

and potential obstacles to finalizing a rule, as well as obstacles to proceeding with legislative 

action in the upcoming session.

3. Degree of Suppression: DEP requested to know how EPA measured the degree of suppression 

used for fish consumption. We explained that the Wabanaki study was our primary source of 

information and we would consider other relevant data. EPA welcomed any of DEP’s inputs and 

any other information they may have to help measure the degree of suppression.

4. DEP explained they need data and other information to understand the basis of any WQS 

numbers that are developed, and that this data must undergo Maine Administrative Procedures 

Act (MAPA) review before it can be used in a state rulemaking process and before a DEP 

proposed rule was sent to the Board of Environmental Protection. 

5. WQS Development: DEP said they have not yet made any decisions about which WQS revisions 

they want to move forward. We stated that we will work with DEP to help, and if the state 

finishes before EPA, then (assuming Maine’s WQS meet Clean Water Act requirements) EPA will 

not need to promulgate. We also explained that if the state process takes longer, DEP’s 

standards could replace EPA’s standards as soon as they are approved. DEP described the 

hurdles they face, indicated that some internal work is being done, but they cannot provide a 

plan on how they would move ahead. Understanding DEP’s constraints, EPA asked DEP to 

consider any standards they could move forward. EPA requested DEP to consider any 

disapprovals they thought EPA and DEP could collaborate on now, so when the time comes for 

approval, EPA can act to approve the state standards. 
6. In response to DEP’s statement that they had not yet made any decisions about which WQS 

revisions they want to move forward with, EPA asked if they were also uncertain as to whether 

they would be moving forward with revisions that they had planned to address before February 

2015 when the first decision letter went out. EPA explained that some of the provisions that 

were disapproved were provisions that EPA had initially taken no action on because they were 

not consistent with the Clean Water Act. EPA had discussed some of these with DEP staff in 

2014 (prior to the 2/2/2015 disapproval letter). These included bacteria, ammonia and some of 

the provisions which appeared to allow impairment of uses in some waters due to pesticide 

discharges. At that time, DEP staff (including Brian Kavanah) had indicated that they planned to 

work on these in their next triennial review. DEP’s response to EPA’s question was to reiterate 

their statement that they had not yet made any decisions about which WQS revisions to move 

forward with, indicating that they may be changing their 2014 plans for triennial review. 

Follow-Up:

1. Identify other states where EPA is promulgating WQS.

2. Identify if there are TMDL listings for bacteria due to “natural conditions.”

3. Address DEP’s questions relative to 2015 Human Health WQ criteria (see attachment) and 

consider holding a conference call with HQ, DEP, and R1 to address the questions.

4. DEP and EPA discuss another date for another meeting in the near future – Mick Kuhns and Ken 

Moraff are the contacts. Mick stated that he needs time to process what happened in the 

meeting, and he will get back to us.

5. DEP will consider WQS disapprovals that both EPA and DEP can work on now.