NMPDES Dual Permit Period 2026 — Operating Under Administrative Continuance

During 2026, New Mexico construction operators must maintain EPA CGP NMR100000 compliance while monitoring the NMPDES transition. The MSGP 2021 expired February 28, 2026 and is under federal administrative continuance. Operators may need to file under both programs during the transition window.

What Administrative Continuance Means

Administrative continuance is a legal doctrine that allows existing permit coverage to remain valid when a permit expires or when permit authority transitions between agencies — provided the permittee continues to comply with existing permit conditions and timely applies for renewal or transfer. Under administrative continuance:

Permit coverage does not lapse — the operator remains legally covered

All existing permit conditions (inspection frequency, SWPPP requirements, reporting) remain in full force

No new fees or applications are required during the continuance window

Coverage continues until the new permit is formally issued and in effect

Current Permit Status — 2026

NMR100000 Remains in Force

EPA CGP NMR100000 became effective February 17, 2022 and is valid through February 16, 2027. This permit continues to govern all NM construction stormwater until NMPDES is formally issued by NMED.

MSGP 2021 Under Federal Continuance

The Multi-Sector General Permit (MSGP) 2021 expired February 28, 2026. Industrial facilities with stormwater exposure continue under EPA federal administrative continuance — coverage does not lapse. Operators must maintain full MSGP compliance.

No Lapse for Currently Permitted Operators

Operators with acknowledged NOIs under NMR100000 do not lose coverage during the NMPDES transition. Administrative continuance is automatic. No re-filing or new NOI is required until NMPDES formally takes effect.

New Projects During Transition

Construction projects initiating ground disturbance during the dual-permit window continue to file NOIs through EPA NeT at cdx.epa.gov under NMR100000. Once NMPDES takes effect, new projects file through NMED eDMR.

Dual Compliance Window

Between the WQCC hearing (June 8–18, 2026) and the NMPDES effective date, some operators may face dual compliance requirements if NMED establishes interim guidance. Inspections Plus monitors all NMED guidance updates.

Important: Continuance Is Not a Compliance HolidayAdministrative continuance means coverage continues — it does NOT mean compliance obligations are suspended. Every NMR100000 inspection requirement, SWPPP amendment duty, and reporting obligation continues in full during the transition. NMED and EPA both retain enforcement authority during the dual-permit window.

Required Actions During the Transition Window

Continue 14-day routine inspections under NMR100000

Conduct post-storm inspections within 24 hours of ≥0.25" rain events

Maintain inspection reports on site and available for regulatory review

Amend SWPPP within 7 days of any change in site conditions

File NOT within 30 days of final stabilization (70% perennial cover)

Retain records for 3 years after NOT filing

Monitor NMED docket for NMPDES effective date and transition guidance

Watch for NMED guidance on NOI transfer procedures to eDMR

How Inspections Plus Handles the Transition

Inspections Plus monitors the WQCC and NMED dockets in real time. For all active clients, we:

·Track the NMPDES effective date and notify clients immediately upon WQCC adoption

·Update all active SWPPPs to reflect NMPDES provisions when rules are finalized

·Handle NOI transfer from EPA NeT to NMED eDMR as directed by NMED guidance

·Provide written transition checklist to each client before the effective date

·Maintain dual-compliance documentation during any overlap window

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