Water Quality Variance

A water quality variance is a temporary change in a state's water quality standard for a specific pollutant and its relevant criteria, allowing deviation from meeting a water quality-based effluent limit (WQBEL) for a particular discharger. Federal and state regulations afford the flexibility to adopt a variance in some situations. For example, a discharger may be uncertain if it can ultimately meet permit limits and either wants to more fully assess its ability before investing in expensive controls, or the discharger anticipates less-expensive control technology becoming available in the near term. In these and other situations, variances are appropriate if they meet the criteria and provisions set by United States Environmental Protection Agency (EPA) and MPCA. 

EPA allows states to adopt variance provisions, but has ultimate approval over variances proposed by MPCA. As the agency delegated to implement the Clean Water Act (CWA), MPCA may grant variances through the National Pollution Discharge Elimination System / State Disposal System (NPDES/SDS) permit program. Because of this collaboration, MPCA must assess a variance using the same conditions and criteria that EPA uses. This will insure a smooth processing of variance requests.

Water Quality Variance Process Improvement

In June 2012, MPCA conducted an analysis of the variance process. MPCA decided to make available internal guidance for staff and external guidance for dischargers. External guidance will include technical review criteria and information MPCA may request if the discharger is pursuing a variance as a result of widespread economic and social impact.

Water Quality Variance Guidance documents

MPCA is currently developing the documents identified below. Titles are subject to change. Please revisit the web page for updates.

• Implementing Water Quality Variances for NPDES/SDS Permit Holders (Coming Soon)
  • Appendix A: Water Quality Variance Statute and Rule Language
  • Appendix B: Treatability Alternative Identification Plan and Study Requirements
  • Appendix C: Bench Scale Pilot Work Plan
  • Appendix D: Economic Guidance
• EPA’s Interim Economic Guidance for Water Quality Standards
• Variance Request Form (Coming Soon)
• Checklist of Information Needed for Variance Request (Coming Soon)

Existing Water Quality Variances

The MPCA may grant variances to the water quality standards in Minnesota Rules Chapter 7050 and the effluent discharge restrictions in Chapter 7053. The following table identifies the variances in National Pollutant Discharge Elimination System/State Disposal System (NPDES/SDS) permits issued by the MPCA and includes the facility granted the variance, the rule from which the variance was granted, the water affected, the year granted, and any restrictions that apply in lieu of the rule requirements. The MPCA must list the variances granted under these two rules on this web page by October 1 of each year.

Active Variances from Minnesota Rules Chapters 7050 and 7053 (Updated September 2012)