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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 Exit to Web
  • 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)

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.

Last modified on October 31, 2012 10:19