Laws and Programs 



distinguishing point from non-point source inputs has become a major challenge for state 

 agencies, and will continue to present both technical and management difficulties. As a 

 first step, many states have attempted to estimate point source contributions, and the 

 potential of point source control programs. 



The Qean Water Act required that states undertake major pollution control planning 

 efforts under EPA oversight. Partial federal funding was mack available to suppon states 

 engaging in area- wide 208 planning (to develop statewide control of point and non-point 

 sources). Section 303e river basin planning for major watersheds, and Section 201 sewage 

 facility planning for municipal districts to be supported by federal construction grant 

 monies. 



The Federal Water Quality Act (WQA) regulates industrial and municipal discharges 

 and other point sources. While the regulatory program is administered principally by EPA, 

 many functions may be delegated to states that have developed equivalent or more stringent 

 programs. In the Narragansett Bay basin, both Rhode Island and Massachusetts have 

 delegated programs, which are administered under EPA oversight 



Under the federal National Pollutant Discharge Elimination System (NPDES), national 

 discharge standards based on available and affordable technology were to be developed on 

 a nationwide basis for each industry group. Discharge standards for some industries arc 

 still incomplete, but technology based standards have served as the principal basis for 

 attainment of U.S. pollution abatement goals. 



Industrial and municipal dischargers releasing pollutants directly into surface waters are 

 required to obtain a permit containing numerical effluent limits for their discharge. Indirect 

 dischargers (releasing pollutants into sewage systems or underground water) must obtain 

 state discharge permits pursuant to applicable state law. 



Roles of Involved State Agencies in Control of Point Sources 



In Rhode Island, the Rhode Island Pollution Discharge Elimination System (RIPDES) 

 program is administered by DEM, which applies two sets of standards to arrive at permit 

 discharge limits: water quality standards and technology-based standards. As required 

 elsewhere in the U.S. by the Water Quality Act, Rhode Island waters have been evaluated 

 and assigned classes based upon existing and desired water quality conditions. 

 Designations reflect potential uses, including drinking water, shellfish harvesting, 

 swimming, etc. Rhode Island's anti-degradation policy prohibits the degradation of a 

 waterbody below its designated use unless certain needs are shown. Water quality 

 classifications are used in evaluating whether applicable discharge limitations are adequate 

 to achieve the state's own water quality goals, and in estimating potential impacts of a range 

 of development projects potentially affecting water quality. 



With the advent of technology-based controls, and eventual delegation of the NPDES 

 program, DEM assumed responsibility for control of point source discharges, building a 

 new regulatory framework on the authority of Rhode Island's antiquated 1920 pollution 

 control law. DEM established use goals or "designations" for specific water areas, based 

 on the desired suitability of those waters to serve as viable habitat, support fish and 

 shellfish harvesting, meet recreational demands and drinking water needs, and assimilate 

 waste. In 1975, numerical and qualitative criteria were set, defining the minimal allowable 

 conditions which support desired "designated" uses. 



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