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WQCC Hearing: June 8–18, 2026 — New Mexico stormwater permit authority transitions from EPA to NMED. All NM construction operators should review their SWPPP and permit status now while the Commission's decision is pending.

New Mexico NMPDES Program — WQCC Hearing June 8–18, 2026 Compliance Guide

New Mexico is taking over its stormwater permit program from the EPA under Senate Bill 21 (2025). The Water Quality Control Commission (WQCC) formal rulemaking hearing was held June 8–18, 2026 and has concluded; a decision on the rules is pending. Until NMED formally issues permits under NMAC 20.6.5, existing EPA CGP NMR100000 coverage remains valid under administrative continuance.

NMPDES Regulatory Timeline

2025Completed

Senate Bill 21 Signed

New Mexico Legislature passes SB21, authorizing NMED to administer an NPDES-equivalent stormwater permit program under state law.

Dec 9, 2025Completed

WQCC Petition Filed

NMED files formal petition to the Water Quality Control Commission to initiate rulemaking under NMAC 20.6.5.

June 8–18, 2026Completed

WQCC Formal Rulemaking Hearing (Held)

The 10-day evidentiary hearing before the WQCC on the proposed 20.6.5 NMAC (NMPDES) and 20.6.2 NMAC rules was held June 8–18, 2026, and has concluded. Contractors, operators, and interested parties participated and the record is now closed for Commission review.

PendingUpcoming

WQCC Decision on the Rules

The Commission is now deliberating and will decide whether to adopt the proposed NMPDES rules (20.6.5 NMAC) at a later date; no final decision has been announced. EPA CGP NMR100000 remains valid under administrative continuance until NMPDES is formally issued.

After adoptionEst.

Projected Effective Date

If the WQCC adopts the rules, NMED implements NMPDES as the primary authority. EPA CGP NMR100000 continues under administrative continuance until NMPDES is formally issued.

TBDEst.

NOI/NOT Filing Transition

NOI and NOT filings shift from EPA NeT (cdx.epa.gov) to NMED eDMR system. Inspections Plus monitors and handles submissions for all active clients.

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What Changes Under NMPDES

DimensionCurrent — EPA CGP NMR100000After — NMPDES under SB21
Issuing AuthorityEPA Region 6NMED Surface Water Quality Bureau
Permit IdentifierNMR100000NMPDES (TBD identifier)
Governing Rule40 CFR Part 122 / CGP 2022NMAC 20.6.5 (draft)
NOI Filing SystemEPA NeT at cdx.epa.govNMED eDMR
Enforcement AgencyEPA Region 6 (primary)NMED SWQB (primary)
Max Penalty$68,445/day (CWA §309)TBD (expected equivalent)

NMPDES Deep-Dive Pages

NMR100000 vs. NMPDES
8-dimension side-by-side permit comparison table.
WQCC Hearing 2026
What the June 8–18 rulemaking hearing means for NM contractors.
Dual Permit Period
Operating under administrative continuance during the transition window.
NOI Filing Transition
EPA NeT to NMED eDMR: what changes for NOI and NOT filings.
Inspection Changes
How NMPDES inspection requirements differ from EPA CGP.
Senate Bill 21
The 2025 law authorizing NM to run its own discharge program.
First-Time Permittees
Six-step guide for operators getting their first NM permit.
NMPDES vs. NPDES
How the state program differs from federal NPDES.
State Waters & SWOT
'Waters of the state' definition + NMPDES program SWOT.
Tribal Coordination
Jurisdiction and coordination near NM tribal waters.
CGP / NPDES Overview
Federal CGP framework and how NPDES applies to NM construction.

What NM Contractors Should Do Now

Continue full NMR100000 compliance — 14-day inspections, post-storm visits within 24 hours of ≥0.25"
Register for WQCC docket notifications at env.nm.gov/water-quality-control-commission/
Review your SWPPP for NM-specific provisions (arroyos, ephemeral waterways, monsoon hydrology)
Confirm NOI status is current — administrative continuance only covers operators already covered under NMR100000
Contact Inspections Plus for a NMPDES transition readiness review while the Commission's decision is pending

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Frequently Asked Questions

Is my NMR100000 permit still valid during the NMPDES transition?
Yes. EPA CGP NMR100000 remains valid under administrative continuance until NMED formally issues NMPDES permits under NMAC 20.6.5. Operators must continue full NMR100000 compliance — inspections, SWPPP maintenance, NOI/NOT filings through EPA NeT — until NMED formally transitions the program.
What is the WQCC and what authority does it have?
The Water Quality Control Commission (WQCC) is a New Mexico state agency with authority to adopt water quality standards and permit regulations under the New Mexico Water Quality Act (§74-6 NMSA 1978). The WQCC formal rulemaking hearing was held June 8–18, 2026 and has concluded; the Commission's forthcoming decision will establish the specific requirements for NMPDES construction stormwater permits under NMAC 20.6.5.
Will NMPDES be more or less stringent than NMR100000?
Under the Clean Water Act, state-administered programs must be at least as stringent as federal requirements. NMPDES is expected to be equivalent or more stringent than NMR100000. New Mexico-specific provisions may address ephemeral waterways, arroyo systems, and monsoon hydrology unique to the state.
What should contractors do right now?
Continue full NMR100000 compliance. Register for WQCC hearing updates through the NMED docket. Review your SWPPP to ensure it addresses NM-specific conditions. Contact Inspections Plus for a NMPDES transition readiness review — we monitor the docket in real time and update all active client SWPPPs as requirements solidify.

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