UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION I 5 POST OFFICE SQUARE, SUITE 100 BOSTON, MASSACHUSETTS 02109

- 3912

MEMORANDUM

SUBJECT : Summary of Tribal Consultations Regarding Water Quality Standards Applicable to Waters
in Indian Lands within the State of Maine

FROM : Michael Stover , EPA Region 1 Indian Program Manager

TO : file

DATE : March 28 , 2016

The EPA consulted with tribal officials under the EPA Policy on Consultation and Coordination with Indian
Tribes early in th e process of developing this proposed rule to gain meaningful and timely tribal input into its development.

On July 30 , 2015

, a technical consultation conference call was held with the Maine tribal environmental directors. During the call, EPA relayed to the Maine tribes that the three sets of disapprovals issued in February, March and June of 2015 spurred a need for estab lishing protective standards pertaining to waters in
Indian lands in Maine . EPA communicated that while EPA remains hopeful that Maine w ill take appropriate action, EPA has not received assurance from the State that this will happen, and has begun the work to support a federal promulgation if necessary. EPA solicited the tribes’ views on promulgation approaches during this technical consul tation call. Environmental directors from all five tribes were present during the
consultation call.

On September 9
, 2015 , a technical consultation conference call was held with the Maine tribal environmental directors to explain how water quality standard s are established, particularly for human health criteria (HHC), and to solicit feedback from the tribes regarding appropriate fish consumption rate(s) and other factors including trophic levels and relative source contributions employed in determining pro tective standards. Environmental directors from all five tribes were present during the consultation call.

On September 10
, 2015, consultation conference calls were held with the Penobscot Indian Nation and the Passamaquoddy Tribe regarding tribal boundari es as they relate to the application of water quality standards pertaining to waters in Indian lands in Maine. The Regional Administrator explained that EPA has initiated a federal promulgation process to address issues identified by EPA’s disapprovals, an d sought tribal input regarding tribal boundaries that will ultimately become the geographical basis for proposing such protective standards. Tribal leaders from both tribes were present on the call s and provided tribal perspectives on
boundaries.

On Octob er 28 and November 3, 2015 , technical consultation conference calls were held with the Maine tribal environmental directors regarding the application of water quality standards for copper and asbestos in

wa ters in Indian lands in Maine. Environmental dire ctors of the Aroostook Band of Micmacs, the Houlton Band of Maliseet Indians, and the Penobscot Indian Nation were present on the calls. In the course of the
November 3

, 2015 call, and in response to questions by EPA about when during the year paddling occ urs on the Penobscot River, the Penobscot Nation reported that tribal members are fishing in the river as long as ice
in the river does not im pede navigation of boats/canoes; d epending on the severity of the weather in the winter season, tribal members cou ld be fishing in the river through late November and resume typically in early Marc h.