Administrative Continuance of EPA’s 2021 MSGP

The 2021 MSGP expired on February 28, 2026, at 11:59 p.m., eastern time. EPA did not reissue a new permit prior to its expiration. Therefore, the 2021 MSGP has been administratively continued in accordance with section 558(c) of the Administrative Procedure Act (see 40 CFR 122.6) and remains in force and effect for facilities/operators that were covered under the permit prior to the 2021 MSGP’s expiration. See below FAQs for different categories of facilities.

• Existing facilities with active MSGP coverage
• New facilities/operators that intend to begin discharging after February 28, 2026
• Facilities/operators with or seeking a “No Exposure” exclusion
• Existing facilities/operators without 2021 MSGP coverage that began discharging prior to February 28, 2026

Existing Facilities with Active MSGP Coverage

• My facility had active coverage under the 2021 MSGP. Do I need to resubmit a Notice of Intent (NOI) to be covered by the administratively continued permit?
  • No. Existing facilities/operators do not need to amend their current NOI and do not need to re-submit an NOI to be covered by the administratively continued permit. If you obtained authorization to discharge under the 2021 MSGP prior to February 28, 2026, your facility will automatically remain covered after February 28, 2026, until EPA issues a new MSGP and the facility becomes authorized under the new MSGP. Operators with coverage for their facility under the administratively continued 2021 MSGP are required to continue complying with the permit, including fulfilling monitoring and reporting requirements. The facility’s coverage status in the NPDES eReporting Tool (NeT-MSGP) has automatically changed to “Admin. Continued.” Once EPA issues the new MSGP, existing operators will have 90 days from the effective date of the new MSGP to submit a new NOI using NeT-MSGP in order to obtain coverage under the new MSGP. EPA will notify operators when the Agency issues the new MSGP and provide further instructions on how to renew their coverage.
• Can I make updates to my NOI?
  • No. At this time, the “Change NOI” function in NeT-MSGP is disabled. Operators should keep a record of NOI changes at the facility. 

New Facilities/Operators that Intend to Begin Discharging After February 28, 2026

• I am a new facility/operator in an area where EPA is the NPDES permitting authority that intends to commence discharging stormwater after February 28, 2026. Can discharges from my facility be covered under the administratively continued 2021 MSGP?
  • No. New facilities that intend to commence discharging stormwater after February 28, 2026 and new operators of existing (covered) facilities will not be able to submit an NOI to obtain general permit coverage until EPA issues a new permit. Such facilities may follow the conditions outlined in EPA’s No Action Assurance (NAA) memorandum. See FAQs below.
• What is the No Action Assurance (NAA) for new facilities that intend to commence discharging stormwater after February 28, 2026?
  • The NAA memorandum establishes the conditions that eligible operators must satisfy, including complying with the requirements of the 2021 MSGP, such that EPA will exercise its enforcement discretion to not pursue a civil or administrative enforcement action against new operators for violations of the Clean Water Act’s prohibition against the discharge of pollutants except in conformance with an NPDES permit, 33 U.S.C. § 1311. The NAA does not cover existing facilities that commenced discharging prior to February 28, 2026 but did not obtain permit coverage (i.e., unpermitted facilities) and new facilities who intend to commence discharging stormwater after a new MSGP has been issued by EPA and is in effect; those facilities will need to submit an NOI under the new permit once issued.
  • No Action Assurance Memorandum (pdf) (219.42 KB)
• What does my facility need to do to be eligible for the No Action Assurance?
  • Please refer to the NAA document linked above for specific details on what facilities need to do to be covered by the NAA. In general, facilities must meet the following conditions:
    • Meet the 2021 MSGP eligibility criteria upon commencement of discharges; and
    • Satisfy all applicable requirements of the 2021 MSGP.
    • Before discharging begins, provide EPA notice of your intention to operate in accordance with the 2021 MSGP by submitting Appendix G of the permit to msgp@epa.gov. NOTE: submission of this form after expiration of the permit does not constitute permit coverage.
• Does my facility have NPDES permit coverage for industrial stormwater discharges if I comply with the NAA?
  • No. The NAA does not confer any NPDES coverage, nor does it grant the facility/operator permit coverage under the administratively continued 2021 MSGP. The facility/operator will not have active NPDES permit coverage for industrial stormwater discharges.
• When will my facility be able to get NPDES permit coverage under the MSGP?
  • Once EPA issues a new MSGP, facilities/operators that are operating in accordance with the conditions set forth in the NAA should submit an NOI as soon as possible but no later than 90 days after the new permit effective date. 

Facilities/Operators With or Seeking a “No Exposure” Exclusion

• Will No Exposure Certifications (NEC) be affected by the expiring/administratively continued 2021 MSGP?
  • No. An NEC is submitted via NeT-MSGP to obtain an exclusion from permitting under 40 CFR 122.26(g). Therefore, eligible facilities will not be affected by the expiring/administratively continued 2021 MSGP, meaning:
    • Facilities with an active NEC can change/update information on the NEC;
    • Facilities with an expiring NEC can renew an NEC;
    • New facilities can submit an NEC; and, 
    • Facilities with coverage under the administratively continued 2021 MSGP who qualify to seek an exclusion from permitting due to no exposure conditions can submit an NEC. 

Existing Facilities/Operators Without 2021 MSGP Coverage that Began Discharging Prior to February 28, 2026

• I am an existing facility/operator in an area where EPA is the NPDES permitting authority and did not submit an NOI for 2021 MSGP coverage prior to the permit expiration date. Can discharges from my facility be covered under the administratively continued 2021 MSGP?
  • No. Existing facilities without 2021 MSGP coverage and operators of existing facilities without 2021 MSGP coverage prior to expiration (i.e., unpermitted facilities) will not be able to submit an NOI to obtain general permit coverage until EPA issues a new permit. These facilities are also not eligible to be covered by EPA’s NAA memorandum. Because EPA did not issue another general permit prior to the expiration of the 2021 MSGP, EPA does not have the authority to provide general permit coverage to industrial operators that were not already covered under the 2021 MSGP. Please contact your EPA Regional Office for further instructions.