  SEQ CHAPTER \h \r 1 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.

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