EPA MSGP 2026 Administrative Continuance: What Industrial Stormwater Operators Must Do Now
The 2021 EPA Multi-Sector General Permit expired February 28, 2026 and is now on administrative continuance. Industrial stormwater operators must understand what this means for their coverage, inspections, and compliance obligations under the administratively continued permit.
Terms used in these guides(19 terms, plain-language definitions)
- SWPPP — Stormwater Pollution Prevention Plan
- The written plan describing how a site keeps dirt, concrete washout, fuel and other pollutants out of storm drains and streams.
- BMP — Best Management Practice
- A physical control or work practice that reduces pollution in runoff, such as silt fence, a gravel construction entrance or covered stockpiles.
- NOI — Notice of Intent
- The form an operator files to request coverage under a general stormwater permit before ground is disturbed.
- NOT — Notice of Termination
- The form filed when a site is finished and stabilized, ending permit coverage.
- CGP — Construction General Permit
- The stormwater permit that covers construction sites, issued by EPA or a state program.
- MSGP — Multi-Sector General Permit
- The stormwater permit that covers operating industrial facilities, as opposed to construction sites.
- NPDES — National Pollutant Discharge Elimination System
- The federal Clean Water Act program under which stormwater permits are issued.
- NMPDES — New Mexico Pollutant Discharge Elimination System
- New Mexico's state-run version of the NPDES program.
- AZPDES — Arizona Pollutant Discharge Elimination System
- Arizona's state-run version of the NPDES program, administered by ADEQ.
- TPDES — Texas Pollutant Discharge Elimination System
- Texas's state-run version of the NPDES program.
- EPA — United States Environmental Protection Agency
- The federal agency that writes the NPDES rules and issues permits where a state has not taken over the program.
- NMED — New Mexico Environment Department
- The state agency responsible for water quality in New Mexico.
- ADEQ — Arizona Department of Environmental Quality
- The state agency that runs the AZPDES program.
- WQCC — Water Quality Control Commission
- The New Mexico body that adopts the state's water quality rules.
- PE — Professional Engineer
- A licensed engineer; some plans or certifications must be prepared or stamped by one.
- E&O — Errors and Omissions insurance
- Professional liability insurance a consultant carries against mistakes in their work.
- Discharge
- Water leaving a site, typically stormwater runoff that reaches a storm drain, ditch or stream.
- Outfall
- The point where runoff leaves a site or enters a water body.
- Stabilization — Final stabilization
- Covering exposed soil with vegetation, pavement or other permanent cover so it no longer erodes; usually the condition for ending permit coverage.
The 2021 EPA MSGP Expired February 28, 2026 -- Here Is Exactly What Happens Next
The EPA Multi-Sector General Permit (MSGP) for industrial stormwater discharges -- the permit covering an estimated 40,000+ industrial facilities across EPA-administered states -- expired on February 28, 2026. As of March 2026, EPA has not issued the new MSGP. The permit is operating under administrative continuance.
This situation creates significant regulatory ambiguity for industrial operators. Understanding administrative continuance -- what it preserves, what it does not, and what you must do -- is non-negotiable.
What Is Administrative Continuance?
Administrative continuance (sometimes called permit continuation or permit holdover) is a legal mechanism under the Clean Water Act that preserves the regulatory status quo when a permit expires before its successor is issued. Under 40 CFR Part 122.6, when an NPDES permittee submits a complete and timely renewal application and EPA has not issued the new permit by the expiration date, the existing permit terms continue in full force until the new permit is issued.
Key operative word: timely. Administrative continuance protection applies ONLY to permittees who:
- Held valid MSGP coverage at the February 28, 2026 expiration date
- Submitted a renewal NOI (or will re-submit under the new permit within the submission window EPA establishes)
- Are operating under the same sector and facility conditions as covered in the expired permit
If you did not have active MSGP coverage before February 28, 2026, you cannot get covered under the administratively continued permit. You are an unpermitted discharger until EPA issues the new MSGP and you submit a valid NOI under that permit.
What Changes (and Does Not Change) Under Administrative Continuance
What Stays the Same
- All effluent limits and numeric benchmarks from the 2021 MSGP remain in effect
- All inspection requirements (quarterly visual observations, annual comprehensive evaluations) continue unchanged
- All SWPPP requirements, including the obligation to review and certify the SWPPP annually, remain active
- All monitoring and sampling obligations (sector-specific) continue
- All recordkeeping and reporting requirements continue
- Benchmark exceedances still trigger Tier 1 and Tier 2 corrective action requirements
What Is Uncertain
- The timeline for new MSGP issuance (EPA has not published a final target date as of March 2026)
- Whether the new MSGP will change numeric benchmarks, monitoring frequency, or sector-specific requirements
- Whether operators in sectors being restructured will face transition requirements
Key 2021 MSGP Requirements Still in Effect
Stormwater Pollution Prevention Plan (SWPPP)
Every covered facility must maintain a SWPPP that:
- Identifies all pollutant sources and potential exposure areas
- Describes BMPs for each source
- Includes site maps
- Is reviewed and recertified at least annually
- Is amended within 30 days of material changes to facility operations
Inspection Program
- Quarterly visual observations of all stormwater discharge points during active discharge events (at least one per quarter)
- Annual comprehensive site compliance evaluations by a qualified individual, covering the entire facility, all BMPs, and the SWPPP
- All inspections documented with date, time, inspector name, discharge appearance, corrective actions
Monitoring Requirements
Sector-specific. Most sectors require benchmark monitoring (chemical or physical parameter testing) of stormwater samples collected quarterly during the first four quarters of permit coverage, then semi-annually thereafter. Benchmark exceedances trigger Tier 1 (investigate, implement corrective action) and Tier 2 (implement NAL exceedance response action plan) requirements.
Electronic Reporting
All DMRs (Discharge Monitoring Reports) and annual reports must be submitted electronically through EPA's NPDES Electronic Reporting Tool (NeT-MSGP). Paper reporting is not an option.
New Mexico Industrial Operators: NMPDES and MSGP Interaction
New Mexico operates a delegated NPDES program for construction stormwater but does NOT have delegation for the industrial MSGP sector. This means:
- Construction activity (disturbing 1+ acres) at an industrial facility in NM requires NMPDES Construction CGP coverage (administered by NMED)
- Industrial stormwater from the industrial operations themselves (vehicle maintenance, materials storage, process areas) -- many sectors are covered under the federal EPA MSGP directly
- Some New Mexico industrial facilities need BOTH permits simultaneously
This dual-permit scenario is common for manufacturing facilities, mining operations, recycling yards, and transportation equipment maintenance facilities that also have on-site construction activity.
What Industrial Operators Should Do Right Now
1. Confirm Your Administrative Continuance Status
Log into EPA's NPDES Electronic Reporting system and verify your facility's permit status. If your permit status shows "Administratively Continued" or "Active under Administrative Continuance," you are protected. If your permit lapsed before you submitted a renewal, contact your EPA Region office immediately.
2. Do Not Reduce Your Compliance Activity
Administrative continuance is NOT a compliance holiday. Enforcement continues under the expired permit terms. Do not skip inspections, defer SWPPP updates, or delay responding to benchmark exceedances because the permit has expired.
3. Review Your SWPPP for 2026 Readiness
Use this period to update your SWPPP to reflect current facility conditions. Many facilities have undergone operational changes since 2021 that are not reflected in their SWPPP. An outdated SWPPP under an active inspection is a violation waiting to happen.
4. Monitor EPA for New Permit Issuance
EPA will announce the new MSGP through the Federal Register and update the NPDES stormwater website. Once the new permit is issued, there will typically be a 90-day window to submit a new NOI. Monitor this closely -- the submission window opens and closes quickly.
5. Budget for Confirmed Requirement Changes in the 2026 MSGP
EPA's December 2024 proposal confirmed three major cost-drivers in the 2026 permit. Budget now:
- PFAS monitoring program — lab costs for EPA Method 1633 analysis of 40 PFAS compounds
- Increased benchmark sampling — quarterly sampling for the first three full years of new permit coverage (up from quarterly only in years 1 and 4 under 2021 MSGP)
- SWPPP climate resilience documentation — new requirement to document facility vulnerability to increased storm events using FEMA, NOAA, or USGS flood mapping data
EPA estimates incremental compliance cost at approximately $4,670 per facility per year under the proposed 2026 MSGP.
What Is Changing in the 2026 MSGP
EPA published the proposed 2026 MSGP on December 13, 2024 (Federal Register docket EPA-HQ-OW-2024-0481). The public comment period closed May 19, 2025. The permit is currently in final review. Key changes from the 2021 MSGP:
PFAS Monitoring (New — 23 Sectors)
The most significant new requirement. Sectors A, B, C, D, F, I, K, L, M, N, P, R, S, T, U, V, W, X, Y, Z, AA, AB, and AC must conduct report-only PFAS monitoring using EPA Method 1633 for 40 PFAS compounds for the full five-year permit term. No benchmarks are established yet — EPA is collecting baseline data to inform future rulemaking. "Report-only" does not mean you can ignore the results; exceedances above health advisory levels will draw scrutiny.
Benchmark Monitoring Frequency Increase
The 2021 MSGP required quarterly benchmark monitoring in permit years 1 and 4, semi-annually otherwise. The proposed 2026 MSGP requires quarterly monitoring for the first three consecutive years (or until 12 quarters of data are collected). This is a significant increase in lab and sampling costs for sectors with multiple outfalls.
New benchmark monitoring is proposed for:
- Ammonia, nitrate, and nitrite — subsector I1 (vehicle maintenance areas)
- pH, TSS, and COD — several sectors upgraded from report-only indicator to benchmark status
- Metals monitoring — new requirements across several subsectors
Climate Resilience Provisions
Operators must document how their stormwater control measures are designed to withstand projected future weather conditions. Required steps:
- Consult FEMA Flood Maps, NOAA precipitation frequency data, or USGS stream gauge data to assess site flood vulnerability
- Assess whether increased storm frequency or intensity affects BMP effectiveness
- Adjust maintenance schedules accordingly
- Document all of the above in the SWPPP
Impaired Waters Monitoring Expansion
Quarterly monitoring required for all relevant pollutants when discharging to waters on the 303(d) impaired waters list — regardless of whether a TMDL has been established.
New Visual Discharge Standard
Discharges must not contain or result in observable floating solids, scum, sheen, foam, or discoloration. This adds a specific enforceable visual standard that did not exist in the 2021 MSGP.
Official Proposed 2026 MSGP Documents
- EPA Proposed 2026 MSGP Overview Page
- Proposed 2026 MSGP Fact Sheet (PDF)
- Proposed Permit Text — Parts 1–7 (PDF)
- Federal Register Notice — December 13, 2024
Enforcement Risk During Administrative Continuance
EPA Region 6 (covering New Mexico, Texas, Oklahoma, Arkansas, and Louisiana) has been active in MSGP enforcement. Recent enforcement actions have included civil penalty assessments for failure to conduct quarterly visual observations, NOVs for SWPPPs not updated to reflect current facility conditions, and penalty settlements in the $50,000-$250,000 range for multi-year, multi-violation situations.
The transition period around permit expiration is actually a higher-risk enforcement window, not lower -- inspectors know operators may be confused about their obligations and use inspection sweeps to identify non-compliant facilities.
Industrial Stormwater Compliance Support
SWPPP HUB's verified network includes consultants with MSGP compliance experience across multiple industrial sectors — SWPPP review and annual certification, quarterly visual observation inspections, annual comprehensive evaluations, benchmark monitoring and sampling, and NOI submission support for the new MSGP once issued. Every consultant is verified for active credentials and documented industrial stormwater experience before listing.
Get matched with a verified industrial stormwater consultant → or review requirements at the SWPPP requirements library.
Related Resources
Official EPA Sources
- EPA Proposed 2026 MSGP Page
- Proposed 2026 MSGP Fact Sheet (PDF)
- Proposed Permit Text — Parts 1–7 (PDF)
- Federal Register Docket EPA-HQ-OW-2024-0481
- EPA Industrial Stormwater Main Page
SWPPP HUB Guides
Authoritative sources
This guide is education, not advice. The permit text and the agency that administers it are the final word.
- U.S. EPA:Construction General Permit (CGP)
- U.S. EPA:Multi-Sector General Permit (MSGP) for industrial stormwater
- New Mexico Environment Department:Surface Water Quality Bureau
- Arizona Department of Environmental Quality:AZPDES stormwater program
What next, and who is responsible
Two different parties can be responsible depending on the activity. On a construction site the permit holds the operator responsible: whoever controls the plans or the day-to-day work, usually the general contractor and often the owner. At an operating industrial facility the responsible party is the facility operator named on the industrial permit, not a builder. If you are neither, the owner or operator of the site is the person to ask.