STATE OF MAINE

 

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PAUL LEPAGE PATRICIA AHO
GOVERNOR COMMISSIONER

August 31, 2015

Mr. Curt Spalding, Regional Administrator
EPA Region 

5 Post Office Square Suite 100

Boston, MA 02109-3912

Dear Administrator Spalding:

This letter is in response to the publication on Action Initiation List of intent to publish new
regulations related to Maine?s water quality standards. In 2015, after Maine was forced to sue EPA, and
only after being ordered by a court to render a decision, EPA inundated DEP with 22 separately listed
disapprovals of Maine?s water quality standards, set forth in 20 separate statutory provisions and 2 DEP
rules. Many of the standards now disapproved by EPA have been established in Maine law for more
than 15 years, and some disapproved standards have been established in Maine law for 30 years. EPA
knowingly ignored its obligation to render an approval decision regarding Maine?s water quality
standards for 30 years, despite the fact that decision was required by law within 90 days of the
State adoption of a standard.

Now, after EPA took up to 30 years to act, EPA is taking the untenable position that is being too
slow to act, and is requiring the immediate unraveling of decades of water quality standards which are
the basis for hundreds of permit approvals throughout the state. The standards just disapproved by EPA
require careful, thoughtful, scientific evaluation for the State to determine the appropriate course of
action going forward. That takes time. One standard alone human health criteria requires the
evaluation of 120 different chemicals. Given the decades?long refusal of EPA to render a decision,
Maine should be afforded more than just 90 days to conduct an appropriate, science-based evaluation
of disapprovals.

Given refusal to provide Maine reasonable time and conditions under which to consider 
long-delayed and untimely actions, we have now come to the conclusion that EPA has no interest in
Maine?s thoughtful and science-based implementation of water quality standards under the Clean
Water Act. It is now clear to us that the only water quality standards that would be acceptable to EPA
are those imposed by EPA. Under the current construct, Maine?s two choices are to promulgate water
quality standards that EPA says it will accept or allow EPA to promulgate the water quality standards,
leaving Maine to administer the EPA?imposed program. The imposition of federal standards on the
state is de facto federalization of the program. Therefore, we are currently evaluating our options,

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August 31, 2015
Page 2 of 2

including returning the Clean Water Act delegated programs to EPA for its administration, if Maine is
required to administer program.

Despite the fact that it is becoming increasingly difficult, we would like to continue to work with you on
these issues. We intend to continue to dialog with EPA staff regarding the details of water quality
standards disapprovals. It is my understanding that a meeting has been set for September 21 with EPA.
Sincerely,
//f7 y?
Patricia W. Aho
Commissioner



Cc: Heather Parent, Deputy Commissioner
Mick Kuhns, Director