Home/Industrial SWPPP/CGP vs. MSGP

CGP vs. MSGP: Which Stormwater Permit Does Your Project Need?

CGP (Construction General Permit) covers construction sites disturbing soil. MSGP (Multi-Sector General Permit) covers industrial facilities with stormwater exposure. They are different permits, different forms, different agencies, and different SWPPP requirements. Many facilities need both simultaneously.

10-Dimension Permit Comparison

DimensionCGP — NMR100000MSGP 2021
Who it coversConstruction operators disturbing 1+ acresIndustrial facilities in 11 sectors with stormwater exposure
Permit trigger1-acre soil disturbance (or Common Plan of Development)Industrial activity + stormwater exposure from industrial materials/equipment
SWPPP typeConstruction SWPPP — temporary, project-durationIndustrial SWPPP — permanent, annual-update
Inspection frequencyEvery 14 days + within 24 hrs of ≥ 0.25" storm eventQuarterly (every 90 days) + within 24 hrs of ≥ 0.25" storm event
NOI/NOT processRequired via EPA NeT / NMPDES eDMR (transition); NOT at final stabilizationRequired via EPA NeT; NOR (Notice of No Exposure) option for covered storage
Current statusActive — NMR100000 expires Feb 16, 2027MSGP 2021 expired Feb 28, 2026 — administrative continuance active
Administering agencyEPA / NMED (transitioning to NMPDES state authority in 2026)EPA (federal — no state transition planned for MSGP)
CertificationsQISM, CPESC, CESSWI recommended for qualified inspectorNo specific national certification required; Pollution Prevention Team required
Benchmark monitoringNot required under standard CGPRequired — sector-specific benchmarks; exceedances trigger corrective action
Penalties (CWA)Up to $68,445 per day per violationUp to $68,445 per day per violation

Permit Decision Tree

Work through these questions in order to determine your permit requirements:

1. Is construction occurring that will disturb 1+ acres of soil?
YES: CGP coverage required → File NOI on EPA NeT before ground disturbance
NO: Check Common Plan of Development. If part of larger plan: CGP may still apply.
2. Is this construction on or adjacent to an active industrial facility?
YES: Review MSGP sector applicability for the facility separately from construction.
NO: CGP only — MSGP review not required for this project.
3. Does the facility store or process industrial materials exposed to stormwater?
YES: MSGP coverage required → File separate NOI. Prepare industrial SWPPP.
NO: Consider MSGP No Exposure Certification (NEC) if all materials can be certified covered.
4. Is the project under 1 acre but still disturbing 0.75+ acres?
YES: No CGP required, but fugitive dust permit required under NMED 20.11.20 NMAC.
NO: No stormwater permit required — verify no Common Plan of Development applicability.

Uncertainty = request a permit determination. Inspections Plus provides written permit applicability determinations for projects where the answer is not clear-cut. This is billable work, and worth every dollar compared to a Clean Water Act enforcement action.

Related Resources

Dual Permit Compliance — When You Need Both

Dual-permit projects are operationally complex. The CGP SWPPP and MSGP SWPPP are separate documents with separate inspection schedules. Inspection Plus coordinates these documents so they cross-reference each other, use consistent site maps, and satisfy both permit frameworks with a single mobilization wherever possible.

What Stays Separate

  • NOI filings — two separate NOIs in EPA NeT
  • SWPPP documents — two binders, different templates
  • Permit numbers — one construction, one industrial
  • DMR reporting — MSGP only, not CGP

What Can Be Coordinated

  • Site map — one master map referenced in both
  • Inspection scheduling — combined visits where possible
  • BMP installation — shared infrastructure where appropriate
  • Records retention — consolidated filing system

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