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August 7, 2014

Penobscot Nation seeks input on water quality standards

The Penobscot Nation is hosting a public hearing tonight on new water quality standards for tribal waters the tribe has proposed to the federal Environmental Protection Agency. It's the first time the tribe has ever petitioned the federal agency for such standards, which prompted the state to file a lawsuit in July against the EPA over its handling of water quality issues on Indian territory.

The Maine Public Broadcasting Network reported that the proposed standards could affect wastewater and stormwater discharge, two dozen dams, dozens of transfer stations, oil storage facilities and small businesses on tribal land.

John Banks, director of the Penobscot Nation’s Department of Natural Resources, told MPBN the standards were “very similar, if not identical, to what the state has in place in other waters throughout the state."

Banks said the basis of the state’s lawsuit opposing what the tribe asserts is the EPA’s obligation to protect resources of Indian tribes is that “the state of Maine doesn't really recognize the unique cultural and traditional uses that the tribe intends to protect with these standards [such as sustenance fishing]."

Maine Department of Environmental Protection Commissioner Patricia Aho told MPBN the state's jurisdiction is clear, citing precedents giving DEP “the authority to issue and establish water quality standards for the waters of the state of Maine."

Tribal leaders are accepting written comments on the proposed regulations until Aug. 11.

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