  SEQ CHAPTER \h \r 1 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION I

5 POST OFFICE SQUARE, SUITE 100

BOSTON, MASSACHUSETTS 02109-3912

MEMORANDUM

SUBJECT:	Tribal Consultation: Maine Water Quality Standards

Penobscot Nation Tribal Boundaries

FROM:	Michael Stover, EPA Region 1 Indian Program Manager

TO:		file

DATE: 	March 31, 2016

On Thursday, September 10 2015 from 9:00am – 10:00pm, a conference
call was held with the Penobscot Indian Nation regarding tribal
boundaries as they relate to the application of water quality standards
pertaining to waters in Indian lands in Maine. Present on the conference
call were:

Chief Kirk Francis, Penobscot Indian Nation

John Banks, Natural Resources Director, Penobscot Indian Nation

Dan Kusnierz, Water Program Manager, Penobscot Indian Nation

Mark Chavaree, Tribal Attorney, Penobscot Indian Nation

Kaign Smith, Drummond Woodsum Attorney (Penobscot Indian Nation)

Gordon Kenny, Mapetsi Policy Group Attorney (Penobscot Indian Nation)

John Harte, Mapetsi Policy Group Attorney (Penobscot Indian Nation)

Debbie Ho, Mapetsi Policy Group Attorney (Penobscot Indian Nation)

H. Curtis Spalding, Regional Administrator, EPA Region 1

Deb Szaro, Deputy Regional Administrator, EPA Region 1

Carl Dierker, Director, Office of Regional Counsel, EPA Region 1

Tim Williamson, Deputy Director, Office of Regional Counsel, EPA Region
1

Ken Moraff, Director, Office of Ecosystem Protection, EPA Region 1

Ralph Abele, Water Quality Branch Chief, EPA Region 1

Jeanne Voorhees, Water Quality Standards Coordinator, EPA Region 1

Matt Hoagland, Branch Chief, Wetlands, EPA Region 1

Michael Stover, Indian Program Manager, EPA Region 1

Tod Siegal, Office of General Council, EPA Headquarters

Andrew Baca, American Indian Environmental Office, EPA Headquarters

Claudia Fabiano, Office of Water, EPA Headquarters

Bella Wollitz, Office of the Solicitor, Bureau of Indian Affairs

During the conference call, the Regional Administrator explained that
EPA seeks the Nation’s input on how EPA will factor tribal boundary
information as EPA moves forward in preparing for promulgation of water
quality standards pertaining to waters in Indian lands in Maine.

The Regional Administrator then provided the background and status of
the water quality standards issue: EPA issued three sets of disapprovals
to the State on February 2nd, March 16th and June 5th. The Clean Water
Act requires EPA to promulgate federal standards if water quality
disapprovals are unaddressed for more than 90 days. The 90-day period
expired for all three sets of decisions. However, EPA has communicated
to the state that EPA’s strong preference is for the State to address
the issues by making the necessary revisions to its standards, and EPA
is willing to work with the state beyond that 90-day period if the state
is diligently working to put protective criteria in place. The Regional
Administrator indicated that EPA has an upcoming meeting with the state
DEP on September 21, 2015 to discuss the State’s plans to address some
or all of the issues EPA identified in our decisions.

The Regional Administrator explained that as a backstop, in the event
DEP decides not to move forward to address these issues, or is unable to
do so for reasons beyond its control, EPA needs to have a process in
place that will ensure a timely remedy to the issues identified in
EPA’s decisions. Therefore, EPA has initiated a federal promulgation
process to address the issues identified by EPA’s disapprovals. EPA is
moving forward with proposing protective standards pertaining to waters
in Indian lands in Maine, and seeks to have this discussion with the
Nation regarding tribal boundaries that may become the geographical
basis for proposing such protective standards.

EPA then relayed to the Nation that while EPA understands there are
islands within the Penobscot River whose ownership is disputed, EPA’s
setting of protective water quality standards would apply to waters in
the main stem of the Penobscot River, under the assumption that the
Tribe’s reservation includes waters at least to the thread of the
river, from Indian Island northward to the confluence of the east and
west branches, and that for the scope of this action, tributaries of the
Penobscot River would not be included in the analysis. The Nation took
no exception with this approach.

The Penobscot Nation thanked the Regional Administrator for EPA’s
support in protecting the Tribe’s sustenance fishing rights and uses.

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