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<br />. <br /> <br />. <br /> <br />D. Congress Left the Control of Non- <br />Point Sources of Pollution to the <br />States, In-PA~t Throu h Reco nition <br />o the Need to Accommodate Vary~ng <br />State Water Rights Laws and Management <br />Systems. <br /> <br />The Courts have held that the power to regulate <br /> <br />non-point sources of pollution was not given to EPA under the <br /> <br />Clean Water Act. ~ Appalachian Power Co. v. Train, supra, <br /> <br />545 F.2d at 1373. The control of non-point sources thus <br /> <br />depends on the nature and extent of State law permitting <br /> <br />regulation of non-point sources. <br /> <br />The Clean Water Act was specifically tailored to <br /> <br />respect the rights of the States to determine whether or not, <br /> <br />and in what manner, they, individually, and consitent with <br /> <br />State law, would choose to enact legislation and adopt <br /> <br />regulations legally adequate to implement the federal Act: <br /> <br />It is the poiicy of Congress to recognize, <br />preserve, and protect the primary res- <br />ponsibilities and rights of the States <br />to prevent, reduce, and eliminate <br />pollution, ~ p~an ~ development <br />and use (includ~ng restoration, pre- <br />- --.... <br />servat~on, and enhancement) of land <br />and water resources . .. -- <br />Clean Water Act, Sec. lOl(b): 33 U.S.C. l25l(b) (emphasis <br />added). The remedy of the EPA administrator for failure of <br />the State to demonstrate adequate legal authority for pur- <br />poses of the Act is to disapprove the program and to ad- <br />minister it himself, or, in the case vf section 208, to <br />withhold federal financial support for waste treatment <br />facilities. See Clean Water Act, Sec. 208(c) (1)&(2); <br />33 U.S.C. l288(c) (1)&(2). Natural Resources Defense Council, <br />Inc. v. Costle, 564 F.2d 573, 580 (D.C. Cir. 1977). Section <br />208 is for the purpose of "encouraging and facilitating the <br /> <br />-11- <br />