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 the 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 establishing protective standards pertaining to waters in 

Indian lands in Maine. EPA communicated that while EPA remains hopeful that Maine will 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 consultation 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 standards 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 protective 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 boundaries 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, and 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 calls and provided tribal perspectives on 

boundaries.

On October 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 

waters in Indian lands in Maine. Environmental directors 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 occurs 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 impede navigation of boats/canoes; depending on the severity of the weather in the 

winter season, tribal members could be fishing in the river through late November and resume typically in 

early March.