[Federal Register Volume 66, Number 40 (Wednesday, February 28, 2001)]
[Notices]
[Pages 12791-12795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4872]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6938-3]
State Program Requirements; Approval of Application by Maine To
Administer the National Pollutant Discharge Elimination System (NPDES)
Program; Maine
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice; Final approval of the Maine Pollutant Discharge
Elimination System under CWA.
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SUMMARY: On January 12, 2001, the Regional Administrator for the
Environmental Protection Agency, Region I, approved the application by
the State of Maine to administer and enforce the Maine Pollutant
Discharge Elimination System (MEPDES) Program, for all areas within the
State, other than Indian country regarding which EPA has not yet made a
final decision about the applicability of State law. The authority to
approve State programs is provided to EPA in section 402(b) of the
Clean Water Act (CWA). The State will administer the approved program
through its Department of Environmental Protection (DEP), subject to
continuing EPA oversight and enforcement authority, in place of the
National Pollutant Discharge Elimination System (NPDES) program
previously administered by the EPA in Maine. The program is a partial
program to the extent described in the section of this Notice entitled
``Scope of the MEPDES Program.'' In making its decision, the EPA
considered and addressed all comments and issues raised during the
public comment period, except for those relating to jurisdiction over
Indian country which remain under review as described below.
DATES: Pursuant to 40 CFR 123.61(c), the MEPDES program was approved
and became effective on January 12, 2001.
ADDRESSES: Questions or requests for additional information may be
submitted to: Stephen Silva, USEPA Maine State Office, 1 Congress
Street--Suite 1100 (CME), Boston, MA 02114-2023 or Dennis Merrill,
MEDEP, Statehouse Station #17, Augusta, ME 04333-0017.
Copies of documents Maine has submitted in support of its program
approval and copies of the comments received on this request may be
reviewed during normal business hours, Monday through Friday, excluding
holidays, at: EPA Region I, 11th Floor Library, 1 Congress Street--
Suite 1100, Boston, MA 02114-2023, 617-918-1990 or 1-888-372-5427; and
MEDEP, Ray Building, Hospital Street, Augusta, ME.
FOR FURTHER INFORMATION CONTACT: Stephen Silva at the address listed
above or by calling (617) 918-1561 or Dennis Merrill at the address
listed above or by calling (207) 287-7788. Part of the State's program
submission and supporting documentation is available electronically at
the following Internet address: http://www.state.me.us/dep/blwq/delegation/delegation.htm.
SUPPLEMENTARY INFORMATION: Maine's application was described in the
Federal Register (64 FR 73552) on December 30, 1999 in which EPA
requested comments. Notices of Maine's application were published in
the Bangor Daily News, Lewiston Sun Journal and Portland Press Herald
newspapers on January 12, 2000. A public hearing on the application was
held on February 16, 2000 in Augusta, ME. EPA extended the comment
period on June 28, 2000 (65 FR 3989) and August 4, 2000 (65 FR 6845)
through August 21, 2000, solely for the purpose of taking further
comment on the Indian law issues.
In response to public comments, Maine submitted a revised
Memorandum of Agreement on April 25, 2000 and a Supplemental Attorney
General's Statement on June 2, 2000. In addition, by letter dated
September 19, 2000, the EPA proposed revisions to Attachment A to the
Memorandum of Agreement. By letter from DEP Commissioner Martha
Kirkpatrick dated September 26, 2000, the State agreed to the
revisions.
A summary of those public comments received which relate to the
final action EPA has taken on the portion of Maine's program outside
Indian country and the EPA's responses to those comments are discussed
below in the section of this Notice entitled ``Responsiveness
Summary.'' (In this notice the term Indian country refers to the land
and territory reserved or taken into trust for the federally recognized
Maine Indian tribes pursuant to the Maine Indian Claims Settlement Act,
25 U.S.C. 1721 et seq., and the Aroostook Bank of Micmacs Settlement
Act, Public Law 102-171, Nov. 26, 1991, 105 Stat. 1143, including any
disputed areas as discussed further in this document.)
The State and EPA agreed to extend the CWA section 402(c)(1)
deadline for EPA to make a decision on the application through
September 26, 2000, pursuant to 40 CFR 123.21(d). However, because of
the many complex issues that were raised with respect to the State's
program and the need to
[[Page 12792]]
address them in a comprehensive and thoughtful manner, the EPA did not
make a final decision by September 26, 2000. Thus the EPA suspended
issuance of NPDES permits in Maine on September 26, 2000 as required by
section 402(c)(1) of the CWA. However, failure to make a decision by
the September 26, 2000 deadline did not mean that the State
automatically gained NPDES authority. It is EPA's interpretation that a
State agency does not gain NPDES authority unless and until EPA
approves the State program, consistent with CWA section 402(b) and 40
CFR 123.1. As of January 12, 2001, the State DEP is now authorized to
issue MEPDES permits under the CWA in all areas of the State except for
Indian country. As discussed below, EPA remains the permitting
authority for the NPDES program in Indian country during the interim
period, but must suspend issuing such permits pursuant to CWA section
402(c)(1).
A. Scope of the MEPDES Program
Maine is being approved to administer both the NPDES permit program
covering point source dischargers to State waters and the pretreatment
program covering industrial sources discharging to publicly owned
treatment works. The EPA and State initially had contemplated that the
State would assume program responsibility in phases, first for the
permit program and subsequently for the pretreatment program. But in
light of the delay in approving the State's program and since it always
was contemplated that the State would assume responsibility for the
pretreatment program by now, both components of the State's program are
being approved now, to start at the same time.
Maine is not being approved at this time to regulate cooling water
intake structures under CWA section 316(b). In response to a public
comment, the EPA has determined that the State currently lacks the
necessary statutory authority to administer this NPDES program element.
Thus the State is being approved to operate a partial permit program,
pursuant to CWA section 402(n)(4). At first, the State program will
cover all NPDES permitting responsibilities other than under CWA
section 316(b). Sources with cooling water intake structures subject to
CWA section 316(b) will need to obtain permits from the State
regulating their discharges (including thermal discharges regulated
under CWA section 316(a)), but also will need to obtain supplemental
permits from the EPA regulating their cooling water intake structures
pursuant to CWA section 316(b). The State has committed to promptly
seeking legislation to obtain the needed additional statutory
authority. When such statutory authority is obtained, the EPA will
determine after a further opportunity for public comment whether to
approve the State to operate the CWA section 316(b) program element.
The State is not applying for authorization for the municipal
sewage sludge program at this time. EPA will continue to regulate
sewage sludge in Maine in accordance with section 405 of the Act and 40
CFR part 503.
Pursuant to CWA section 402(d), EPA retains the right to object to
MEPDES permits proposed by MEDEP, and if the objections are not
resolved, to issue the permits itself. EPA also will retain
jurisdiction over all NPDES permits it has issued in Maine until MEDEP
reissues them as MEPDES permits. Finally, the EPA and State have agreed
that the EPA may retain permitting authority over draft permits for
which EPA has issued public notice at the time of program approval,
until final issuance. A list of these permits that the EPA may issue
following the approval of the State program is set forth in Attachment
A to the EPA-State Memorandum of Agreement, as amended.
To address questions from the regulated community, EPA also has
prepared a guidance document entitled ``Status of EPA Issued NPDES
Permits After Maine Program Approval.'' Copies of this document are
available upon request.
As part of operating the approved program, the Maine DEP generally
will have the lead responsibility for enforcement. However, the EPA
will retain its full statutory enforcement authorities under CWA
sections 308, 309, 402(i) and 504. Thus the EPA may continue to bring
federal enforcement action under the CWA in response to any violation
of the CWA. In particular, if the EPA determines that the State has not
taken timely enforcement action against a violator and/or that its
action has not been appropriate, the EPA may take its own enforcement
action in Maine.
B. Responsiveness Summary
The EPA received numerous public comments concerning the Maine
program. However, EPA is not addressing the many comments concerning
the State's assertion of jurisdiction and the applicability of State
law in Indian country, because the Agency is taking no final action on
these issues at this time, as described below.
Other commenters urged the EPA to approve the State's program. The
EPA agrees that the State program should be approved at this time
outside Indian country.
Several commenters who expressed concerns about possible State
administration of the program in Indian country also indicated some
concern about State administration of the program outside those areas.
These comments are addressed in a memorandum from Stephen Silva,
Director of EPA's Maine Program, entitled ``Responses to Comments on
Maine General Program,'' dated January 12, 2001.
Finally, the National Environmental Law Center of the United States
Public Interest Group (``NELC'') submitted extensive comments urging
that the EPA reject Maine's program application on a variety of
grounds. These comments are addressed in the following memoranda from
Jeffry Fowley of the EPA Office of Regional Counsel: (i) ``Response to
Comments Opposing Approval of Maine to Administer the NPDES Program,''
dated April 2000, (ii) ``Further Response to Comments Opposing Approval
of Maine to Administer the NPDES Program,'' dated May 9, 2000, and
(iii) ``Further Response to Comments Opposing Approval of Maine to
Administer the NPDES Program,'' dated January 12, 2001.
The EPA Regional Administrator hereby concurs with and adopts the
responses to comments set forth in the four memoranda referenced above.
These memoranda, together with this Federal Register Notice, constitute
EPA's Responsiveness Summary. Copies of the memoranda are available
upon request.
C. Status of Indian Country
EPA is not taking final action at this time on Maine's application
to administer its program in Indian country. Maine has argued that the
Maine Indian Claims Settlement Act, 25 U.S.C. 1721-1735 (MICSA), makes
State law applicable and grants the State jurisdiction to implement its
program in Indian country. EPA invited comment on this question, and
received strongly conflicting views from the Maine Indian tribes, the
State, and interested parties on both sides of the issue. On May 16,
2000 EPA received an opinion from the Department of Interior (DOI)
interpreting how MICSA applies to the question of the State's
jurisdiction over water quality regulation in Indian lands and
territories. EPA made DOI's opinion available for public review, and
invited further comment on the question of State jurisdiction in Indian
lands and
[[Page 12793]]
territories, as well as comment on the geographic scope of those areas,
See 65 FR 3989 (June 28, 2000) and 65 FR 6845 (August 4, 2000). In
response to this invitation, EPA received even more extensive comments
on both sides of the question of the State's jurisdiction.
In addition, the parties contested the geographic scope of Indian
country in Maine. While there appears to be several disputes about the
boundaries of Indian country, it appears that the only dispute which
implicates existing NPDES permitted dischargers is the question of the
scope of the Penobscot Nation's reservation on the Penobscot River. DOI
has concluded that the Penobscot Nation's reservation includes the bed
and banks of the Penobscot River. Letter from Edward B. Cohen to John
P. DeVillars, September 2, 1997 at 6. The Penobscot Nation asserts that
its reservation includes the Penobscot River and its branches from
Indian Island northward to the headwaters of the river and its
tributaries, including the east and west branches, the Mattawamkeag,
and the Piscataquis River. See Supplemental Public Comments of the
Penobscot Nation, August 21, 2000 at 30. The State of Maine argues that
the reservation does not include the Penobscot River bank to bank, and
is limited to the area from Indian Island northward to the fork where
the east and west branches divide, the so-called ``Main Stem'' of the
Penobscot River. Letter from Paul Stern to Stephen Silva, August 18,
2000 at
1-2.
In light of the difficulty of determining jurisdiction in Indian
country in Maine, EPA is further considering the question of the
State's jurisdiction in Indian lands and territories. EPA will consult
with the U.S. Department of Justice in addition to continuing to
consult with DOI regarding the interpretation of MICSA. EPA is working
to resolve this question promptly. If EPA's conclusion concerning the
jurisdictional question makes it necessary to define the geographic
boundaries of Indian country, EPA will work with DOI to clarify which
areas are within Indian country in Maine and, thus, which dischargers
are covered by the State's program. But until EPA takes final action on
these issues, as an interim step, EPA is not authorizing the State's
program in Indian country, including disputed areas.
EPA has not reached any final conclusion concerning the boundaries
of Indian country, but for the purposes of clarifying which facilities
are covered by the State program EPA has approved, EPA has listed in
Appendix 1 of this notice the facilities that are not included in the
program EPA has authorized due to the dispute over the applicability of
State law in Indian country. This list includes all the currently
permitted NPDES facilities that appear to discharge into waters where
EPA has received substantial arguments disputing the status of those
waters. Generally speaking, EPA is temporarily withholding trust lands
for all the Maine tribes, the reservations for the Passamaquoddy Tribe
at Pleasant Point and Indian Township and for the Penobscot Nation, and
any disputed areas. We are withholding the Penobscot River extending
from bank to bank of the river, starting at Indian Island and
proceeding northward to the headwaters, including all tributaries. EPA
has taken this approach to preserve the status quo in Indian country
until the Agency takes final action on these issues. In addition, we
are temporarily withholding the land owned by the Aroostook Band of
Micmac Indians which the Band has applied to DOI to place into trust.
Temporarily withholding this land will avoid the disruption of removing
this land from the State's program if EPA ultimately determines that
state environmental law will not apply to the Micmac's land once it is
taken into trust. Moreover, temporarily withholding the Micmac's lands
does not affect Maine's program substantially, because EPA is not aware
of any dischargers in Micmac lands. This cautionary approach to
withholding action temporarily while resolving jurisdictional disputes
in Indian country is consistent with the federal government's trust
responsibility to protect Indian interests in land and jurisdiction.
See HRI, Inc. v. E.P.A., 298 F.3d 1224, 1245 (10th Cir. 2000), amended
on denial of rehearing (March 30, 2000). Similarly, any new facilities
in Indian country that require an NPDES permit while EPA is considering
the question of Maine's jurisdiction in Indian country are not included
in the program EPA has authorized.
The State of Maine has not agreed to extend EPA's deadline for
acting on the State's program application in Indian country in Maine.
Therefore, pursuant to CWA section 402(c)(1), EPA will continue to
suspend issuing or modifying NPDES permits in these areas. This
suspension will remain in effect until the Agency takes final action in
these areas or the State agrees to extend the Agency's deadline for
action.
D. Other Federal Statutes
Endangered Species Act
Section 7(a)(2) of the Endangered Species Act (ESA), 33 U.S.C.
1536(a)(2), requires that federal agencies insure, in consultation with
the United States Fish & Wildlife Service (FWS) and/or National Marine
Fisheries Service (NMFS), that actions they authorize, fund, or carry
out are not likely to jeopardize the continued existence of listed
threatened or endangered species (listed species) or result in the
destruction or adverse modification of critical habitat. Additionally,
section 7(a)(4) of the ESA, 33 U.S.C. 1536(a)(4), requires federal
agencies to confer with FWS and/or NMFS on any agency action which is
likely to jeopardize the continued existence of any species proposed to
be listed as threatened or endangered (proposed species) or result in
the destruction or adverse modification of proposed critical habitat.
EPA consulted with both FWS and NMFS (the Services) under section
7(a)(2) of the ESA regarding the effects of the MEPDES program approval
on listed species. Additionally, EPA engaged in a conference with the
Services pursuant to section 7(a)(4) of the ESA regarding the effects
of the action on the Gulf of Maine distinct population segment of
Atlantic salmon (salmo salar), which had been a proposed species.
Following the Services' final listing of the wild Atlantic salmon, EPA
and the Services converted that conference into a consultation under
section 7(a)(2) of the ESA. EPA addressed issues raised during the
conference and consultation by establishing coordination procedures
between EPA and the Services and by providing assurances to the
Services that endangered species, and in particular the recently listed
wild Atlantic salmon, will be protected. After careful consideration,
the Services concluded in a biological opinion that approving the
MEPDES program is not likely to jeopardize the continued existence of
the wild Atlantic salmon. Further, the Services concluded that approval
of the MEPDES program is not likely to adversely affect any other
listed species or critical habitat. The Services' conclusion is based
in part on assurances provided by EPA to the Services as described
below that EPA will coordinate its review of MEPDES permits with the
Services and use its CWA oversight authority to assure that water
quality standards are met.
First, EPA intends to follow the procedures described in the draft
Memorandum of Agreement Between
[[Page 12794]]
the Environmental Protection Agency--New England, Fish and Wildlife
Service, and National Marine Fisheries Service Regarding Enhanced
Coordination Under the Clean Water Act, the Endangered Species Act, and
the Magnuson-Stevens Fishery Conservation and Management Act for NPDES
Permits Issued by the State of Maine (April 19, 2000) (``Draft EPA--New
England--Services MOA''), or any subsequently negotiated MOA for all
species. In addition, the Services sought specific coordination
procedures and further assurances from EPA-Region 1 with regard to the
recently listed wild Atlantic salmon. On December 4, 2000, the EPA
Regional Administrator sent a letter to the Regional Administrator of
the National Marine Fisheries Service and the Acting Regional Director
of the U.S. Fish and Wildlife Service specifying the oversight measures
that the EPA intends to implement with respect to MEPDES permits to be
issued to salmon fish farms and hatcheries by Maine. This letter
affirmed EPA's commitment, based on EPA's analysis of current
information including that contained in the Services' listing
documents, to utilize its CWA authorities to ensure compliance with
Maine water quality standards by ensuring that conditions to protect
the wild Atlantic salmon are included in MEPDES permits for salmon fish
farms and hatcheries. Specifically, EPA committed, in accordance with
40 CFR 123.44(c) and section 402(d) of the CWA, that it will object to
any permit proposed by MEDEP authorizing activities that would
adversely affect the wild Atlantic salmon where such adverse effects
would cause or contribute to a failure of a water body to meet State
water quality standards, unless such adverse effects are avoided by
incorporating permit conditions that would protect the wild Atlantic
salmon. In the event EPA objects to a proposed permit, and where that
objection is not resolved such that effects on the wild Atlantic salmon
resulting in a failure to meet water quality standards are avoided, EPA
will assume permitting authority for the subject facility. Any permit
issued by EPA will, following consultation under section 7 of the ESA,
include conditions necessary to protect the Wild Salmon. The EPA's
December 4, 2000 letter to the Services is included in the record.
In addition, with respect to bald eagles, the FWS sought assurances
that any permits issued by Maine would require the monitoring plan
included in the Services' August 18, 2000 biological opinion on the
EPA's proposed reissuance of NPDES permits for six kraft pulp and paper
mills in Maine. The monitoring plan is designed to analyze bird samples
downstream of the mills for pollutants which either have historically
or may still be discharged by the mills in quantities likely too low to
be detected by direct effluent sampling. In a letter dated May 2, 2000,
EPA provided the requested assurance and will require, consistent with
its CWA oversight authority, that Maine include the plan within permits
it issues to the mills. This letter, and the biological opinion, are
included in the record.
On January 12, 2001, the Services issued a biological opinion
concluding that in light of the EPA's oversight commitments, the
approval of the Maine State NPDES program is not likely to jeopardize
the continued existence of the endangered wild Atlantic salmon. No
critical habitat has been designated for this species; therefore none
will be affected. Further, the Services concluded that approval of the
Maine NPDES program is not likely to adversely affect any other listed
species or critical habitat. Issuance of the biological opinion with
these findings concludes the consultation process required by ESA
section 7(a)(2) and reflects the Services' agreement with EPA that the
approval of the State program meets the substantive requirements of
that provision.
The Magnuson-Stevens Fishery Conservation and Management Act
Section 305(b)(3) of the Magnuson-Stevens Fishery Conservation and
Management Act requires all Federal agencies to consult with NMFS on
actions undertaken by the Agency that may affect Essential Fish Habitat
(EFH). EPA consulted with NMFS regarding EFH in reviewing the MEPDES
program approval request, and responded to NMFS recommendations for
avoiding, mitigating, or offsetting any impact from EPA's action in a
letter dated March 28, 2000. This letter is included as part of the
record. As noted in that letter, as part of EPA's response to NMFS
recommendations EPA agreed to follow the procedures described in the
Draft EPA--New England--Services MOA or any subsequently negotiated MOA
to specifically take into account EFH when coordinating its MEPDES
permit review with NMFS.
National Historic Preservation Act
Section 106 of the National Historic Preservation Act, 16 U.S.C.
470(f), requires Federal agencies to take into account the effects of
their undertakings on historic properties and to provide the Advisory
Council on Historic Preservation (ACHP) an opportunity to comment on
such undertakings. Under the ACHP's regulations (36 CFR part 800), the
Agency consults with the appropriate State Historic Preservation
Officer (SHPO) and/or Tribal Historic Preservation Officer on federal
undertakings that have the potential to affect historic properties
listed or eligible for listing in the National Register of Historic
Places. During EPA's review of the Maine NPDES application, EPA engaged
in discussions with the Maine SHPO and sought public comment regarding
EPA's determination that approval of the State permitting program would
have no effect on historic properties. As noted below, the EPA also has
held discussions with Indian Tribes in Maine regarding any potential
effects of MEPDES program approval on historic properties of interest
to Tribes.
On July 7, 1999, EPA sought the Maine SHPO's concurrence with its
determination that EPA's approval of Maine's application would have No
Effect on historic properties in Maine. The Maine SHPO provided EPA
with a determination that there would be ``No Historic Properties
Affected'' or ``No Adverse Effect'' to historic properties in Maine
from EPA's approval, on the condition that MEDEP provides relevant
notice and information regarding draft permits to the SHPO and
coordinates with the SHPO. On November 26, 2000 the SHPO and MEDEP
entered into a Memorandum of Understanding (MOU) assuring the SHPO that
it would receive the requested notices. This MOU further provides for
coordination between MEDEP and the SHPO to resolve any identified
issues to ensure that MEPDES permits will comply with Maine water
quality standards and Maine laws protecting historic properties. For
those permits with the potential to adversely affect historic
properties, MEDEP and the SHPO agreed to seek ways to avoid, minimize
or mitigate any adverse effects to historic properties stemming from
the proposed permit. Thus, EPA believes that the agreement between
MEDEP and the SHPO satisfies the conditions underlying the SHPO's
determination of ``No Historic Properties Affected'' or ``No Adverse
Effect'' as a result of EPA's approval of Maine's application.
In addition, EPA has engaged in extensive discussions with the
Maine Tribes regarding any potential effects on Tribal historic
properties. In light of certain complex jurisdictional issues still
being evaluated by EPA, today's program approval does not include
Indian country within the State of Maine. EPA intends to continue
[[Page 12795]]
discussions with the Maine Tribes regarding any issues related to
historic properties of interest to the Tribes prior to reaching a final
decision on Maine's application within Indian country.
Coastal Zone Management Act
Pursuant to section 307(c)(1)(C) of the Coastal Zone Management
Act, Federal agencies carrying out an activity which affects any land
or water use or natural resource within the Coastal Zone of a state
with an approved Coastal Zone Management Plan must determine whether
that activity is, to the maximum extent practicable, consistent with
the enforceable requirements of the Plan and provide its determination
to the State agency responsible for implementation of the Plan for
review. Maine's approved Coastal Zone Management Plan is administered
by the Maine Office of State Planning. Maine's permit actions are
themselves subject to consistency review under State law; thus approval
of the MEPDES program would not affect Maine's coastal zone and would
be consistent with the enforceable requirements of Maine's Coastal Zone
Management Plan.
Regulatory Flexibility Act
Based on General Counsel Opinion 78-7 (April 18, 1978), EPA has
long considered a determination to approve or deny a State NPDES
program submission to constitute an adjudication because an
``approval,'' within the meaning of the APA, constitutes a ``license,''
which, in turn, is the product of an ``adjudication.'' For this reason,
the statutes and Executive Orders that apply to rulemaking action are
not applicable here. Among these are provisions of the Regulatory
Flexibility Act (RFA), 5 U.S.C. 601 et seq. Under the RFA, whenever a
Federal agency proposes or promulgates a rule under section 553 of the
Administrative Procedure Act (APA), after being required by that
section or any other law to publish a general notice of proposed
rulemaking, the Agency must prepare a regulatory flexibility analysis
for the rule, unless the Agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
If the Agency does not certify the rule, the regulatory flexibility
analysis must describe and assess the impact of a rule on small
entities affected by the rule.
Even if the NPDES program approval were a rule subject to the RFA,
the Agency would certify that approval of the State's proposed MEPDES
program would not have a significant economic impact on a substantial
number of small entities. EPA's action to approve an NPDES program
merely recognizes that the necessary elements of an NPDES program have
already been enacted as a matter of State law; it would, therefore,
impose no additional obligations upon those subject to the State's
program. Accordingly, the Regional Administrator would certify that
this program, even if a rule, would not have a significant economic
impact on a substantial number of small entities.
E. Notice of Decision
I hereby provide public notice that EPA has taken final action
authorizing Maine to implement the NPDES program in the areas outside
disputed Indian territory to the extent described in this notice, and
review of the issues related to this action is available as provided in
CWA section 509(b)(1)(D). EPA has not taken final action on the issues
related to the State's jurisdiction and the applicability of State law
in Indian country for the purposes of implementing the NPDES program in
those areas, and review of those issues is not available until EPA
takes final action on Maine's program as it applies in those areas.
Authority: This action is taken under the authority of section
402 of the Clean Water Act as amended, 42 U.S.C. 1342.
Dated: January 12, 2001.
Mindy S. Lubber,
Regional Administrator, Region I.
Appendix 1--Permitted Facilities in Areas of Indian Country, Where EPA
Is Not Acting on Maine's Program (NPDES Permit Numbers/State Discharge
License Numbers)
Penobscot River Basin
Main Stem of the Penobscot River From Indian Island to Fork
Howland (Municipal) (ME0101788/2632)
Mattawamkeag (Municipal) (ME0102245/7568)
Lincoln (Municipal) (ME0101796/1479)
Lincoln Pulp and Paper (ME0002003/0381)
Bangor Hydro in West Enfield (ME0023388/7529)
Beaver Wood Joint Venture (ME0023078/6436)
Penobscot Indian Nation Indian Island (ME0101311/2672)
Indeck Maine Energy (ME0023213/6116)
West Branch of the River Above the Fork
Bowater Great Northern in Millinocket ME0000167/2227
Bowater Great Northern in East Millinocket ME0000175/2228
Millinocket (Municipal) ME0100803/2680
East Millinocket (Municipal) ME0100196/2683
Piscataquis Tributary
Guilford-Sangerville POTW ME0102032/6792
Dover-Foxcroft POTW ME0100501/2633
Dover-Foxcroft Water District ME0102229/7330
Milo POTW ME0100439/0865
Brownville POTW (Pleasant River) ME0100099/0829
Unity College Inc. (Pleasant River) ME0110167/1718
Mattawamkeag Tributary
Danforth (Municipal) ME0100161
Wheelabrator--Sherman Energy ME0023191
St. Croix River Basin
Passamaquoddy Tribal Council (ME0100773/2561)
Passamaquoddy Water District (ME0102211/7568)
[FR Doc. 01-4872 Filed 2-27-01; 8:45 am]
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