Submission Guidelines


Proposals to Change the Water Quality

Classification of Maine Waters




Introduction

You are invited to submit proposals to the Maine Department of Environmental Protection (the Department) on changes to the classification of specific surface waters. The Department is required to periodically conduct classification studies and consult with the public and interested state and federal agencies for the purpose of reviewing the appropriateness of assigned water quality classifications and proposing changes in water classification for Maine waterbodies. The last Re-Classification initiative was completed in 2005 and the Department is now embarking on the process to prepare a Water Quality Re-Classification proposal for the 123rd Legislature (Session opening January 2009).


Maine’s Water Classification law is designed to protect and maintain water quality. The law directs the implementation of water management actions for a water body or segment of a water body based on Maine’s tiered classifications (Riverine Class AA, A, B and C and Marine Class SA, SB and SC). By state law, all of Maine’s lakes are assigned to Class GPA so there are no classification options. All water quality classifications for Maine waterbodies are designed to attain the Interim Goals of the U.S. Clean Water Act or higher. Appendix A provides a summary of the uses and criteria that apply to each waterbody type and water quality classification. Proposals may be submitted at the address below at any time before June 1, 2008.


What do you need to know?

When proposing an upgrade in classification, recommend waters that either presently attain or with reasonable application of improved treatment or Best Management Practices (BMPs), could reasonably be expected to attain, the standards and criteria of a higher proposed class.

When proposing a waterbody for upgrade in classification consider the interests and activities of other users of the resource and how the proposed change in classification may affect them.



Schedule


Fall 2007-Winter 2008

Receive re-classification proposals; Prepare MDEP draft re-classification package

Stakeholder group meetings as needed

April-May 2008

Public review of proposed changes at Public Meetings around Maine (2-3)

Summer 2008

Board of Environmental Protection (BEP) Public Hearings (2)

Early October

BEP final vote on Re-Classification proposal

Late October 2008

Submit statutory changes for Legislative approval

2009

Legislative vote on Re-Classification bill


Questions and where to Submit


Susan P. Davies, Water Quality Standards Coordinator

Maine Department of Environmental Protection

SHS 17

Augusta, Maine 04333

207-287-7778

Susan.p.davies@maine.gov


Subject Line: “Re-Classification Proposal”

Information to be Submitted with Re-Classification Proposals


1. Waterbody Name


2. Location of proposed change in classification


3. Write a brief statement that justifies why the waterbody should be considered for classification change.

For Class AA and SA proposals identify the waterbodies qualifications for: “Outstanding ecological, social, scenic, economic or reacreational importance”.


4. State how the proposed change will affect other users of the waterbody, for example holders of wastewater or stormwater discharge permits or holders of land-development permits.


5. Provide water quality data if available (and source of data), that documents the attainment status of the candidate waterbody relative to the designated uses and criteria of the proposed classification.


6. Provide a summary of known human activities in the watershed of the proposed re-classification that might jeopardize attainment of standards of the proposed classification, for example land-use altering activities, landfills, hazardous waste sites, wastewater discharges, etc.


Appendix A

Note: See MRSA Article 4-A §464 Classification of Maine Waters for complete text.


Designated Uses and Criteria for Maine River and Stream Classifications


Designated Uses

Dissolved

Oxygen Numeric Criteria

Bacteria

(E. coli) Numeric Criteria

Habitat Narrative Criteria

Aquatic Life (Biological) Narrative Criteria**

Class AA

Aquatic Life; Drinking Water; Fishing; Recreation

as naturally occurs

as naturally occurs

Free flowing and natural

No direct discharge of pollutants;

as naturally occurs **

Class A

Aquatic Life; Drinking Water; Fishing; Recreation; Navigation, Hydropower; Industrial Discharge

7 ppm;

75% saturation

as naturally occurs

Natural

as naturally occurs **

Class B

Aquatic Life; Drinking Water; Fishing; Recreation; Navigation, Hydropower; Industrial Discharge

7 ppm;

75% saturation


64/100 ml (g.m.*) or

236/100 ml (inst.*)


Unimpaired

Discharges shall not cause adverse impact to aquatic life in that the receiving waters shall be of sufficient quality to support all aquatic species indigenous to the receiving water without detrimental changes to the resident biological community. **

Class C

Aquatic Life; Drinking Water; Fishing; Recreation; Navigation, Hydropower; Industrial Discharge

5 ppm;

60% saturation 6.5 ppm (monthly average) at 22° and 24°F

126/100 ml (g.m.*) or

236/100 ml (inst.*)

Habitat for fish and other aquatic life

Discharges may cause some changes to aquatic life, provided that the receiving waters shall be of sufficient quality to support all species of fish indigenous to the receiving waters and maintain the structure and function of the resident biological community. **

* "g.m." means geometric mean and "inst." means instantaneous level

**Numeric biocriteria in Maine rule Chapter 579, Classification Attainment Evaluation Using Biological Criteria for Rivers and Streams

Designated Uses and Criteria for Maine Marine Classifications

Class

Designated Use

Dissolved Oxygen

Bacteria

Aquatic Life

SA

Habitat for fish and estuarine and marine life

Recreation in and on the water

Fishing

Aquaculture (not finfish)

Propagation and harvesting shellfish

Navigation

As naturally occurs

As naturally occurs

As naturally occurs



SB

Habitat for fish and estuarine and marine life

Recreation in and on the water

Fishing

Aquaculture

Propagation and harvesting shellfish

Navigation

Industrial process and cooling water supply

Hydroelectric power generation

Not less than 85% of saturation

Enterococcus not higher than geometric mean 8/100ml or instantaneous of 54/100ml from 5/15 to 9/30

Not exceed criteria of National Shellfish Sanitation Program for shellfish harvesting

Support all indigenous estuarine and marine species

Discharge not to cause closure of shellfish beds

SC

Habitat for fish and estuarine and marine life

Recreation in and on the water

Fishing

Aquaculture

Propagation and restricted shellfish harvesting

Navigation

Industrial process and cooling water supply

Hydroelectric power generation

Not less than 70% of saturation

Enterococcus not higher than geometric mean 14/100ml or instantaneous of 94/100ml from 5/15 to 9/30

Not exceed criteria of National Shellfish Sanitation Program for restricted shellfish harvesting

Maintain structure and function of the resident biological community