1. (a) These rules shall apply to all discharges of pollutants from a point source to surface waters that require a state discharge permit only.

2. (b) These rules shall not apply to:

   1. (1) Facilities that require both a state discharge permit and a federal National Pollutant Discharge Elimination System (NPDES) permit under section 402 of the Clean Water Act, which are subject to regulations adopted by the United States Environmental Protection Agency under 40 CFR, including but not limited to 40 CFR Parts 122 and 125;
   2. (2) Any activity for which a water quality certification is required pursuant to RSA 485-A:12, III and §401 of the Clean Water Act; or
   3. (3) Discharges that are subject to Env-Wq 305.

Source. (See Revision Note at part heading for Env-Wq 301) #10348, eff 5-22-13; ss by #13613, eff 5-22-23