Notice of Public Hearing and Opportunity for Public Comment

August 28, 2025

Notice of Public Hearing and Opportunity for Public Comment for Maine’s Triennial Review of Water Quality Standards

The Maine Board of Environmental Protection (“Board”) invites the public to attend a public hearing, to offer oral testimony, and to submit written comments on proposed changes to Maine’s water quality standards as part of the Maine Department of Environmental Protection’s (“Department”) Triennial Review of Water Quality Standards. The federal Clean Water Act and Maine law (38 M.R.S. § 464(3)(B)) requires states to periodically, but at least once every 3 years, hold a public hearing for the purpose of reviewing water quality standards and, as appropriate, for modifying existing and developing new water quality standards.

Pursuant to the Maine Administrative Procedure Act, 5 M.R.S. §§ 8001 – 11008, Maine’s Water Classification Program, 38 M.R.S. §§ 464 – 470, and the Board’s responsibilities and duties under 38 M.R.S. § 341-D(8), the Board will hold a public hearing to receive testimony on changes to Maine’s water quality standards, including changes that are currently proposed and any other recommended changes. The current proposal for changes to Maine’s water quality standards (including Department responses to preliminary public comments) is available on the Department’s Triennial Review of Maine’s Water Quality Standards webpage. https://www.maine.gov/dep/water/wqs/triennial-review.html

Following the public hearing and written comment period, the Board will deliberate proposed changes to the water quality standards and may vote to recommend to the Maine Legislature specific statutory changes necessary to implement new or revised water quality standards. The Legislature has the sole authority to make changes to the water quality classification system. Any changes to Maine’s water quality standards enacted by the Legislature must be approved by the U.S. Environmental Protection Agency to take final effect.

Public Hearing: The public hearing will be held at the Augusta Civic Center, 76 Community Drive, Augusta, Maine on Thursday, October 16, 2025, beginning at 9:00 a.m. Further information on the Board hearing, including an agenda and hearing materials, will be available on the Board webpage https://www.maine.gov/dep/bep/index.html approximately one week prior to the hearing. Persons who testify are encouraged to also submit to Board Clerk Ruth Ann Burke (clerk.bep@maine.gov) a written copy of their testimony during or immediately following the hearing. The hearing is an opportunity for members of the public to offer testimony and useful information. Department staff and Board members will not respond to questions during the hearing. The Board and staff to the Board may ask clarifying questions of any person offering testimony at the hearing. Any person with a disability who plans to attend the hearing and requires specific accommodations should contact the Board Clerk (clerk.bep@maine.gov or 207-287-2811) prior to the hearing.

Public Comments: In addition to the opportunity to provide oral testimony at the public hearing, written comments on the proposed Triennial Review of Maine’s Water Quality Standards may be submitted to the Board from August 28, 2025, through the close of the comment period at 11:59 p.m. on Wednesday, October 22, 2025. Written comments should be directed to: Department of Environmental Protection, Attn: Meagan Sims, 17 State House Station, Augusta, Maine 04333-0017, or submitted via email to TRComments.DEP@maine.gov. See Maine DEP Opportunity for Comment.

For further information, contact Meagan Sims at meagan.sims@maine.gov or (207) 508-8776.

UPDATE

Background: The Androscoggin River is Class C from the confluence with the Ellis River (at Rumford Point) to Worumbo Dam (at Lisbon Falls) (~85 miles), has a total of nine dams, eight discharges, urban centers (including Rumford, Lewiston, and Auburn) and a significant amount of agriculture. Department and external data document that Class B criteria for dissolved oxygen (DO) are usually, but not always, attained in the segment in question. For the upper river (Ellis River to Gulf Island Pond (GIP) dam), data are very limited. Discrete DO data collected by Maine DEP’s Volunteer River Monitoring Program (VRMP) (2020-2024) and continuous DO data collected by the Department at the Turner Center Bridge (2001-2024) meet current Class C criteria, but data occasionally do not meet current Class B criteria. GIP DO data do not meet Class B criteria based on 38 M.R.S. § 464(1)(3). Macroinvertebrate data collected in the upper river since 2000 mostly meets Class B criteria, but the data are relatively old, and no data are available for the river between Livermore Falls and Lewiston. Bacteria data are not available for the upper river. For the lower river (GIP Dam to Worumbo Dam), 2020 to 2024 discrete and continuous DO data also indicate that the lower river meets current Class C criteria but occasionally does not meet Class B criteria. Macroinvertebrate data indicate that this segment meets Class C criteria. however, only two of the five stations meet Class B criteria. Limited bacteria data indicate that the lower river does not meet either Class B or Class C criteria. No recent ambient freshwater nutrient data are available for the upper or lower river to assess those criteria. Based on the review of water quality data, the proposed segment of the Androscoggin River meets its current Class C criteria, but it does not fully meet all Class B water quality criteria. DEP recommendation: Based on the review of water quality data, the segment meets its current Class C criteria, but it does not fully meet all Class B water quality criteria. Furthermore, the Department’s analysis indicates that the river cannot meet Class B criteria at all times during critical conditions. Additional data are needed for the upper river to assess attainment of criteria and make an assessment of the potential implications to existing waste discharge licenses. For these reasons, the Department does not recommend an upgrade to Class B for either proposed segment.

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