NMR100000 vs. NMPDES: Side-by-Side Permit Comparison

NMR100000 is the current EPA Construction General Permit for New Mexico construction stormwater. NMPDES is the emerging state-administered permit program under Senate Bill 21. For 2026, both may apply simultaneously during the administrative continuance period.

WQCC Hearing: June 8–18, 2026 — NMPDES rules are not yet final. This comparison reflects the NMR100000 current requirements versus the draft NMAC 20.6.5 proposed rules. Inspections Plus updates this page as the rulemaking record develops.

8-Dimension Permit Comparison

Issuing Authority

Current — NMR100000

U.S. EPA Region 6 (Dallas)

Proposed — NMPDES (Draft)

NMED Surface Water Quality Bureau (Santa Fe)

Enforcement agency contact changes. NMED SWQB handles compliance, inspections, and violations.

Governing Regulation

Current — NMR100000

40 CFR Part 122 / Clean Water Act §402

Proposed — NMPDES (Draft)

NMAC 20.6.5 (draft); New Mexico Water Quality Act §74-6 NMSA 1978

State rule must be at least as stringent as federal requirements under CWA §510.

Permit Identifier

Current — NMR100000

NMR100000

Proposed — NMPDES (Draft)

NMPDES Construction General Permit (identifier TBD by NMED)

New permit number required. Existing NOI acknowledgment numbers not transferable.

NOI Filing System

Current — NMR100000

EPA NeT (NPDES eReporting Tool) at cdx.epa.gov

Proposed — NMPDES (Draft)

NMED eDMR (Electronic Discharge Monitoring Report) system

Operators must create new NMED eDMR account. EPA NeT access retained for NOT filing on existing permits.

Permit Coverage Trigger

Current — NMR100000

1+ acre soil disturbance OR part of Common Plan of Development

Proposed — NMPDES (Draft)

Expected equivalent: 1+ acre disturbance; NM may add state-specific thresholds

Common Plan of Development provisions expected to be retained.

Inspection Frequency

Current — NMR100000

Every 14 calendar days; within 24 hours of ≥0.25" storm event

Proposed — NMPDES (Draft)

Draft NMAC 20.6.5: maintains 14-day cycle; adds state-specific arroyo/ephemeral provisions

NM monsoon hydrology provisions may require additional post-storm documentation.

SWPPP Requirements

Current — NMR100000

CGP 2022 Part III: site map, BMP descriptions, inspection schedule, pollution prevention team

Proposed — NMPDES (Draft)

NMAC 20.6.5 (draft): equivalent baseline; may add NM-specific soil erodibility requirements

NRCS Web Soil Survey data and NM soil series specifics expected to be incorporated.

Administrative Continuance

Current — NMR100000

Valid through February 16, 2027 (current permit term)

Proposed — NMPDES (Draft)

Operators with NMR100000 coverage continue under administrative continuance until NMPDES formally issues

No lapse in coverage for currently permitted operators. New projects after NMPDES effective date file under state program.

Key Takeaway for NM Contractors

The NMR100000 permit does not expire or become invalid when NMPDES takes effect. Under administrative continuance, operators with existing NMR100000 permit coverage remain in compliance with state requirements while NMED formally transitions the program. No action is required during the continuance window other than maintaining full NMR100000 compliance.

For construction projects beginning after the NMPDES effective date, operators will file NOIs directly through NMED eDMR. The permit number, forms, and regulatory contact will be different. Inspections Plus monitors the WQCC docket and handles all transition filings for active clients.

The most important action now: watch for the WQCC's decision on the NMPDES rules (the June 8–18 hearing has concluded), and ensure your SWPPP includes NM-specific provisions so you're ready before the transition takes effect.

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