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EPA CGP 2022 Requirements Summary — NMR100000 Quick Reference

The EPA Construction General Permit (CGP) 2022 governs construction stormwater in New Mexico under permit identifier NMR100000. It became effective February 17, 2022 and expires February 16, 2027, subject to the NMPDES transition. This page summarizes key requirements.

Read the full CGP 2022 on EPA.gov

NOI Filing Requirements

An NOI must be filed and acknowledged before any soil disturbance begins on a project requiring NMR100000 permit coverage. Filing is electronic through EPA NeT at cdx.epa.gov.

File NOI through EPA NeT at cdx.epa.gov before soil disturbance begins
Wait for NOI acknowledgment — do not begin grading until acknowledgment is received
Post NOI acknowledgment letter at construction entrance before ground disturbance
Both Operator Type 1 (owner/developer) and Operator Type 2 (GC) must be named
Provide accurate site acreage, receiving water name, and operator contact information
NOI is effective immediately upon electronic submission — acknowledgment is confirmation

Required SWPPP Contents (CGP Part III)

Site Description
Project location, permit number, acreage, site map with drainage features, receiving waters, and operator contact information.
Potential Pollution Sources
Identify all construction activities that can generate stormwater pollution: grading, concrete, fueling, vehicle maintenance, dewatering, demolition.
BMP Selection
For each pollution source, identify the BMP controls. Document basis for selection. BMPs must be sized for expected storm events.
Erosion and Sediment Controls
Describe all erosion prevention and sediment control BMPs. Include installation specs, maintenance requirements, and inspection intervals.
Good Housekeeping Practices
Concrete washout location and procedures, spill prevention and response, material storage and handling, solid waste management, sanitation.
Pollution Prevention Team
Name the qualified personnel responsible for SWPPP implementation, inspections, and corrective actions. Include contact information.
Inspection Schedule
Document the 14-day routine inspection schedule and post-storm inspection triggers (≥ 0.25 inches for NMR100000).
Corrective Action Procedures
Describe procedures for identifying, documenting, and correcting SWPPP deficiencies.
Post-Construction Stabilization
Describe permanent stabilization measures. Native seed mix for final stabilization in NM. 70% perennial cover required for NOT eligibility.
Total Maximum Daily Loads (TMDLs)
If site discharges to a TMDL-listed water body, additional BMPs may be required under NMR100000 Part V.

Inspection Schedule

TriggerFrequencyNotes
RoutineEvery 14 calendar daysAny day within the 14-day window; document inspection date and weather conditions
Post-Storm (NMR100000)Within 24 hours of ≥ 0.25" rain eventTriggered by storm event — inspect all BMPs and document findings
Post-Storm (AZPDES)Within 24 hours of ≥ 0.50" rain eventArizona-specific trigger — different from NMR100000
Inspection Waiver (Frozen)14-day waiver available when ground is frozenDocument frozen conditions — waiver applies to routine, not post-storm

Corrective Action Requirements

Identify and document every deficiency found during inspection in the inspection report
Implement corrective action as soon as practicable — before the next anticipated storm event for sediment/erosion deficiencies
For prohibited discharges or imminent violations: implement corrective action immediately
Document all corrective actions: what was done, when, by whom, and verification photo
If a deficiency cannot be corrected immediately, document interim protective measures
SWPPP must be amended within 7 calendar days of any change in site conditions or BMP design

Notice of Termination (NOT) Requirements

The NOT terminates permit coverage. Operators must not file the NOT until all requirements are met. Filing a premature NOT while construction is still active is a permit violation.

70% perennial vegetative cover has been established across all disturbed areas
OR alternative final stabilization method as approved by the permit (paving, riprap, etc.)
All temporary BMPs have been removed or converted to permanent measures
Concrete washout, fuel spill areas, and chemical storage areas are cleaned and stabilized
NOT must be filed within 30 days of achieving final stabilization
File NOT through EPA NeT at cdx.epa.gov — same system as NOI
Retain all SWPPP records, inspection reports, and corrective action documentation for 3 years after NOT

Penalties for Noncompliance

Under Clean Water Act Section 309(d) (33 U.S.C. § 1319(d)), civil penalties for NPDES permit violations can reach up to $68,445 per day per violation, as adjusted for inflation at 40 C.F.R. § 19.4 (effective Jan. 8, 2025; 90 Fed. Reg. 1377). Criminal violations for knowing or willful noncompliance carry additional penalties. EPA Region 6 and NMED both have active enforcement programs for NMR100000 violations. The most common enforcement triggers: operating without an acknowledged NOI, missing inspection intervals, and inadequate BMP maintenance.

NMPDES transition guide →11-point inspection checklist →NOI / NOT filing service →

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