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 U.S. Environmental Protection Agency (EPA) and MPCA.
The 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. One year following that event, the MPCA would like to share the findings of this process improvement project to anyone interested.
This will be an interactive meeting, with video and a PowerPoint presentation. You can attend using your computer and phone line. Time will be set aside at the end to answer questions either by phone or via WebEx chat.
MPCA's Approach to Water Quality Standards Variances
Date: Tuesday, June 18, 2013
Time: 2:00 pm, Central Daylight Time (Chicago, GMT-05:00)
Meeting Password: meeting
To join the online meeting:
- Go to https://mpca.webex.com/mpca/j.php?ED=237380282&UID=0&PW=NNWQ3NDRiMjZj&RT=MiM3
- If requested, enter your name and email address.
- If a password is required, enter the meeting password: meeting
- Click "Join."
- Follow the instructions that appear on your screen.
To view in other time zones or languages, please use the link below:
To join audio:
Please log into WebEx and provide your phone number when you join the meeting to receive a call back. Alternatively, you can call:
- Call-in toll-free number: 1-888-742-5095 (US)
- Conference Code: 686-684-5078
For assistance:
- Go to https://mpca.webex.com/mpca/mc
- On the left navigation bar, click "Support."
You can contact the host at: elise.doucette@state.mn.us, 651-757-2316
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.
-
Guidance for Water Quality Standard Variances (wq-wwprm2-10a) - EPA’s Interim Economic Guidance for Water Quality Standards

-
Variance Request Form (PDF Version) (wq-wwprm2-10b)
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)
|
Permit |
Facility name |
Parameter(s) |
Year granted |
Receiving water |
Minn. Rule |
Alternate requirements |
|---|---|---|---|---|---|---|
|
MN0042579 |
Cliffs Erie - Dunka Mining Area |
Toxicity |
7/25/2000 (Current Variance Request Pending) |
Unnamed creek, headwaters to Bob By (Birch Lake) |
7053.0215 subp.1 |
Alternate toxicity limit for Outfalls SD008 and SD009. Chronic WET 3/yr. Biomonitoring, fish monitoring and treatment optimization study. |
|
MN0041432 |
Dayton Park Properties |
No Discharge Zone |
10/7/1994 |
French Lake to Diamond Cr. to Elm Cr. to Mississippi River |
7053.027 |
Main discharge is spray irrigation to infiltration basins. Runoff collection discharges to a stabilization pond which discharges to French Lake. |
|
MN0023973 |
Litchfield WWTP |
CBOD, Unionized Ammonia, DO |
6/1/2009 |
Jewitts Creek |
7053.0235, 7050.0220 subp. 3 |
CBOD limit of 10 mg/L until 2/1/12 when 5 mg/L takes effect, ammonia limits of 2.1 and 4.3 mg/l (June - Sept. and Apr. - May), stream monitoring. Permit expires 1/13/2013 and will be reviewed prior to next permit reissuance. |
|
MN0020141 |
Luverne WWTP |
CBOD, Un-ionized Ammonia, DO |
5/19/2008 |
Rock River |
7053.0235 |
CBOD limit of 25 mg/L, ammonia effluent limit of 10 mg/L for Jun-Sep., stream monitoring, variances reviewed and renewed with permit reissuance in May 2008 |
|
MN0031127 |
Maple Hill Estates MHP |
No Discharge Zone |
5/25/2011 |
South Fork Rush Creek |
7053.027 |
Connection to municipal sewer is not currently available. Permit requires Financial Assurance Plan to help meet the goal of eliminating the discharge and connection to nearby municipality. |
|
MN0044946 |
United Taconite LLC: Thunderbird Mine |
pH |
6/22/1999 (Current Variance Request Pending) |
SD007 — Stream 4 to SD009 — Manganika Creek |
7050.0223, 7050.0224 |
Alternative pH limit of 9.3 due to naturally high pH in groundwater (Outfalls SD007 and SD009) Based on application (deemed complete 11/13/2009), Permittee is currently investigating plans to re-route flow, potentially eliminating variance. |
|
MN0040665 |
Southern Minnesota Beet Sugar — Renville |
Bicarb, chloride, sodium%, SpecCond, TDS |
12/29/2004 |
County Ditch 45 |
7050.0223 and 7050.0224 |
Surface water monitoring, Biomonitoring and Dissolved Minerals Reduction Program. Permit and variances are currently under review due to permit expiration (11/30/2009). |
|
MN0049786 |
Western Lake Superior Sanitary Sewer District (WLSSD) |
Fecal coliform |
3/22/2007 (Current Variance Request Pending) |
St Louis River (St Louis Bay) |
7053.0215 |
Current permit required disinfection when fecal coliform analysis from WTP intake exceeds 100 MPN/100 mL. Pending variance request is for Fecal Coliform and mercury. |
