New Facility MSGP Coverage During EPA's 2026 Permit Gap

A new facility cannot obtain EPA MSGP coverage after February 28, 2026 until the replacement permit is finalized. EPA's administratively continued 2021 MSGP applies only to operators already authorized before expiration. New facilities must wait for the final 2026 MSGP, pursue an individual permit or check state-administered alternatives.

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Can a new facility get EPA MSGP coverage during the gap before the 2026 MSGP and SWPPP requirements are finalized?

No, not under EPA's administratively continued 2021 MSGP. EPA's administrative continuance applies only to operators that already had coverage before the permit expired on February 28, 2026. New facilities intending to commence stormwater discharge after that date cannot submit a Notice of Intent or obtain coverage under the continued 2021 MSGP.

The proposed 2026 MSGP is not itself an effective permit. Until EPA finalizes and publishes the replacement MSGP, new facilities in EPA-administered jurisdictions have no general-permit pathway for industrial stormwater discharges. EPA has acknowledged this gap and provided interim guidance for affected operators.

This restriction applies only in areas where EPA is the NPDES permitting authority. State-administered programs operate under their own industrial stormwater permits, and those permits may have different transition provisions and effective dates.

What SWPPP and permit options does a new facility have in EPA-administered jurisdictions during the MSGP gap?

EPA has identified two paths for a new facility that needs to begin discharging before the replacement MSGP takes effect. The first is EPA's No Action Assurance memorandum, dated February 27, 2026. It applies to facilities that commence discharging stormwater on or after March 1, 2026 in EPA-permitting jurisdictions, did not file a Notice of Intent under the 2021 MSGP before it expired, and begin discharging before the next MSGP takes effect. To rely on it, the operator must meet the 2021 MSGP Part 1 eligibility criteria, notify EPA before discharging by submitting the Appendix G NOI form to [email protected], and comply with all applicable 2021 MSGP requirements in the meantime, including the SWPPP, control measures, inspections, monitoring, corrective action and recordkeeping. To keep discharging past the next MSGP's effective date, the operator must then file a real NOI within 90 days of that date, with coverage beginning 30 days after submission.

Read the No Action Assurance for what it is: forbearance, not coverage. EPA states that submitting the form does not constitute permit coverage, and the assurance reaches civil and administrative enforcement by EPA only. It does not apply to criminal violations, or to situations involving serious harm or imminent and substantial endangerment. Because it is not a permit, it carries no permit shield and so offers no protection against a Clean Water Act citizen suit or state enforcement. It terminates at 11:59 PM Eastern on February 28, 2027, or 120 days after the next MSGP becomes effective, whichever comes first, and EPA reserves the right to withdraw or revise it at any time.

Second, a facility may pursue an individual NPDES permit. Individual permits are site-specific authorizations that EPA issues directly to a single facility. The individual-permit process typically requires more detailed application materials and takes longer than general-permit coverage, but it provides a legally effective discharge authorization during the gap period.

Neither option is automatic. Facilities should contact their EPA regional office to confirm which approach is appropriate for their specific circumstances and location.

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What happens to existing facilities and their SWPPPs already covered under EPA's 2021 MSGP?

Facilities that obtained authorization before February 28, 2026 remain covered under the administratively continued 2021 MSGP. Their coverage continues until EPA authorizes them under the replacement permit, their coverage terminates, an individual permit is issued, or another stated termination condition applies.

EPA has stated that existing covered operators will have 90 days from the effective date of the new MSGP to submit a new Notice of Intent. During the administrative-continuance period, these facilities must continue to comply with all conditions of the 2021 MSGP, including monitoring, inspection, recordkeeping and reporting requirements.

Administrative continuance is a standard mechanism that prevents coverage gaps when a general permit expires before its replacement is finalized. It does not create new eligibility or extend coverage to facilities that were not authorized before expiration.

Can a new facility get SWPPP coverage under a state-administered industrial stormwater permit?

Yes, if the facility is located in a state that administers its own NPDES program and that state's industrial stormwater permit is currently effective and accepting new applicants. EPA's administrative-continuance decision applies only to EPA's own MSGP; it does not automatically extend or control state-issued permits.

Each state with an approved NPDES program issues its own industrial stormwater general permit, with its own effective dates, eligibility criteria and transition provisions. For example, Texas administers its own MSGP, permit number TXR050000, rather than relying on EPA's permit. Texas has its own renewal schedule and application procedures that are independent of EPA's timeline.

A new facility in a state-administered jurisdiction should check directly with the state environmental agency to confirm whether the state's industrial stormwater permit is currently effective and whether new Notices of Intent are being accepted. State permit information is not interchangeable with EPA's MSGP status.

When will new facilities be able to apply for SWPPP coverage under EPA's replacement MSGP?

New facilities will be able to submit a Notice of Intent once EPA finalizes and publishes the replacement MSGP and that permit becomes effective. EPA proposed the 2026 MSGP in December 2024 under docket EPA-HQ-OW-2024-0481, and the public comment period closed on May 19, 2025. The proposed permit is not an effective authorization: EPA must still complete its review of comments and formally issue the final permit before it takes effect.

EPA has published no target date for issuing the final 2026 MSGP, and no project schedule should be built on a guess about one. As a measure of how little has moved, EPA's 2021 MSGP page and its proposed-2026-MSGP page were both last updated March 1, 2026, and the administrative-continuance page on March 9, 2026. Operators planning to begin discharging should watch EPA's proposed 2026 MSGP page for the issuance notice and the effective date.

Once the final permit is effective, new facilities in EPA-administered jurisdictions will be able to submit a Notice of Intent and obtain coverage under the standard general-permit process, provided their discharge is eligible under the permit's terms.

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How does a facility know whether EPA or the state is the NPDES permitting authority for MSGP and SWPPP coverage?

Most states have been approved to administer their own NPDES programs, so EPA's MSGP reaches a narrow set of places. Per the proposed 2026 MSGP fact sheet, EPA is the sole NPDES permitting authority in Massachusetts, New Hampshire and New Mexico; the District of Columbia; all Indian Country except in Maine; federal facilities in Colorado, Delaware, Vermont and Washington; all territories except the U.S. Virgin Islands; and all lands of exclusive federal jurisdiction. Appendix C of the permit is the controlling list. One caution: EPA's own 2021 MSGP page still lists Idaho among the MSGP states even though industrial stormwater permitting authority transferred to Idaho on July 1, 2021, so that bullet should not be relied on.

Where the state is the permitting authority, this federal gap is simply irrelevant to the facility. The state's own industrial stormwater permit, application process and deadlines govern, and they are unaffected by what EPA does with the MSGP.

EPA's website maintains a current list of NPDES-authorized states and identifies the jurisdictions where EPA administers the program directly. Facilities should confirm their permitting authority before preparing an application or assuming a particular permit applies. The proposed 2026 MSGP is expressly limited to EPA-permitting-authority areas; it does not govern state-administered programs.

If a state administers its own program, the facility must follow that state's industrial stormwater permit, application procedures and deadlines. State permits may have different sector-specific requirements, monitoring parameters and eligibility criteria than EPA's MSGP.

What else should facility operators know about the MSGP transition, new-facility SWPPP coverage and permit requirements?

Does the administrative continuance of EPA's 2021 MSGP change any SWPPP or permit conditions for existing facilities?

No. Administrative continuance means that all terms and conditions of the 2021 MSGP remain in effect without change. Existing covered facilities must continue to comply with all monitoring, inspection, recordkeeping, reporting and best-management-practice requirements exactly as written in the 2021 permit until they are authorized under the replacement permit or their coverage terminates.

Can a facility that was planning to apply for EPA MSGP and SWPPP coverage in 2026 now apply under a state permit instead?

Only if the facility is located in a state that administers its own NPDES program and that state's industrial stormwater permit is currently effective and accepting new applicants. A facility cannot choose between EPA and state permits; the permitting authority is determined by location. If EPA is the permitting authority for that location, the facility must wait for EPA's replacement MSGP or pursue an individual permit.

What is EPA's No Action Assurance memorandum for new facilities during the MSGP and SWPPP gap?

It is a February 27, 2026 enforcement-discretion memorandum for facilities that commence discharging on or after March 1, 2026 and could not obtain coverage because the 2021 MSGP had already expired. An eligible operator submits the Appendix G NOI form to [email protected] before discharging, complies with the 2021 MSGP's substantive requirements in the meantime, and files a real NOI within 90 days of the new permit's effective date. It confers no permit coverage, and it terminates on February 28, 2027 or 120 days after the new MSGP takes effect, whichever comes first. One limit matters more than any other: it does not apply to an existing facility that began discharging before February 28, 2026 without coverage. Such a facility can neither submit an NOI nor rely on the No Action Assurance, and EPA directs it to contact its EPA Regional Office for instructions.

Does a new facility need an SWPPP before the replacement MSGP is finalized?

Yes, if the facility intends to discharge industrial stormwater. The requirement to prepare and implement a stormwater pollution prevention plan is a fundamental Clean Water Act obligation that applies regardless of permit status. A facility following EPA's No Action Assurance or pursuing an individual permit will need a compliant SWPPP.

Will existing facilities need to update their SWPPPs when the new MSGP becomes effective?

Likely yes, depending on the changes EPA makes in the final 2026 MSGP. Permit renewals often introduce new monitoring parameters, revised sector-specific requirements or updated best-management-practice standards. Existing covered facilities should review the final permit carefully when it is published and update their SWPPPs to reflect any new or modified requirements within the timeframe EPA specifies.

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By Derek E. Chinners, CPESC — Founder & Stormwater Consultant, Pro SWPPP, LLC

Can a New Facility Still Get MSGP Coverage While EPA’s 2026 MSGP Isn’t Finalized?