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, 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 ensure a smooth processing of variance requests.

Guidance documents

Resources to help determine if a water quality variance is an allowable option for your permitted facility.

Chloride

Visit the Water permit holders and chloride page for information on chloride standard variances for wastewater treatment facilities.

Proposed variances

Lewiston Wastewater Treatment Plant

  • Permit ID: MN0023965
  • Pollutant (or restriction) for which variance is granted: Chloride
  • Proposed variance term: 15 years, with re-evaluation every 5 years (40 CFR 131.14(b)(1)(iii))
  • Rule citation: 7050.0222, subp. 4, Total Chloride
  • Receiving water: This facility discharges to a dry run, the headwater of Rush Creek (Root River Watershed).
  • Public comment period opens: April 21, 2023
  • Public comment period ends: June 20, 2023

To review and comment on the proposed permit and variance, visit the Public comments web page.

Facilities requesting chloride variances must demonstrate that they are achieving the “highest attainable condition,” which prevents worsening pollution while a path to chloride reduction is identified and followed. The MPCA has determined the highest attainable condition of the receiving water is most appropriately achieved through combining a facility-specific interim effluent limit; a facility-specific chloride action tree, to be submitted with the variance application, which identifies actions to be taken immediately upon permit issuance; and a permittee-created chloride Investigation and minimization plan, per 40 CFR 131.14(b)(1)(iii). The plan is due within 180 days of permit reissuance.

Public meetings are required for water quality standard variances. An online public meeting is planned for June 6, 2023, for the Lewiston variance request.

City of Saint James Wastewater Treatment Plant

  • Permit ID: MN0024759
  • Pollutant (or restriction) for which variance is granted: Chloride
  • Proposed variance term: 15 years, with re-evaluation every 5 years (40 CFR 131.14(b)(1)(iii))
  • Rule citation: 7050.0222, subp. 4, Total Chloride
  • Receiving water: Saint James Creek (Watonwan River Watershed)
  • Public comment period: March 22 to May 22, 2023

Facilities requesting chloride variances must demonstrate that they are achieving the “highest attainable condition,” which prevents worsening pollution while a path to chloride reduction is identified and followed. The MPCA has determined the highest attainable condition of the receiving water is most appropriately achieved through combining a facility-specific interim effluent limit; a facility-specific chloride action tree, to be submitted with the variance application, which identifies actions to be taken immediately upon permit issuance; and a permittee-created chloride Investigation and minimization plan, per 40 CFR 131.14(b)(1)(iii). The plan is due within 180 days of permit reissuance.

Lester Prairie Wastewater Treatment Plant

  • Permit ID: MN0023957
  • Pollutant (or restriction) for which variance is granted: Chloride
  • Proposed variance term: 15 years, with re-evaluation every 5 years (40 CFR 131.14(b)(1)(iii))
  • Rule citation: 7050.0222, subp. 4, Total Chloride
  • Receiving water: South Fork Crow River in the South Fork Crow River Watershed
  • Public comment period: Dec. 15, 2022, to Feb. 13, 2023

Facilities requesting chloride variances must demonstrate that they are achieving the “highest attainable condition,” which prevents worsening pollution while a path to chloride reduction is identified and followed. The MPCA has determined the highest attainable condition of the receiving water is most appropriately achieved through combining (1) a facility-specific interim effluent limit, (2) a facility-specific chloride action tree, to be submitted with the variance application, which identifies actions to be taken immediately upon permit issuance, and (3) a permittee-created chloride Investigation and minimization plan, per 40 CFR 131.14(b)(1)(iii). The plan is due within 180 days of permit reissuance.

City of Waseca Wastewater Treatment Plant

  • Permit ID: MN0020796
  • Pollutant (or restriction) for which variance is granted: Chloride
  • Proposed variance term: 15 years, with re-evaluation every 5 years (40 CFR 131.14(b)(1)(iii))
  • Rule citation: 7050.0222, subp. 4, Total Chloride
  • Receiving water: Unnamed creek in the Le Sueur River Watershed
  • Public comment period: Nov. 17, 2022, to Jan. 17, 2023

Facilities requesting chloride variances must demonstrate that they are achieving the “highest attainable condition,” which prevents worsening pollution while a path to chloride reduction is identified and followed. The MPCA has determined the highest attainable condition of the receiving water is most appropriately achieved through combining (1) a facility-specific interim effluent limit, (2) a facility-specific chloride action tree, to be submitted with the variance application, which identifies actions to be taken immediately upon permit issuance, and (3) a permittee-created chloride Investigation and minimization plan, per 40 CFR 131.14(b)(1)(iii). The plan is due within 180 days of permit reissuance.

Western Lake Superior Sanitary District (WLSSD)

  • Permit ID: MN0049786
  • Pollutant (or restriction) for which variance is granted: Total mercury and fecal coliform (year-round disinfection)
  • Proposed variance term: 5 years and 10 years, respectively, for the pollutants listed above
  • Rule citation: 7052.0100, subp. 5 for total mercury and 7053.0215, subp. 1 for Fecal Coliform
  • Receiving water: St. Louis Bay (St. Louis River) and Superior Bay to Lake Superior
  • Public comment period: Dec. 6, 2022, to Feb. 6, 2023

Facilities requesting mercury variances must demonstrate that they are achieving the “highest attainable condition”, which prevents worsening pollution while a path to mercury reduction is identified and followed. The MPCA has determined the highest attainable condition of the receiving water is most appropriately achieved through combining (1) a facility-specific interim effluent limit and (2) the adoption and implementation of a pollutant minimization plan, which identifies mercury reduction actions to be taken throughout the permit term, per 40 CFR 131.14(b)(1)(ii)(A)(3).

The disinfection variance is to the year-round fecal coliform effluent limit and treatment requirement, not a water quality standard. This variance will require the facility to meet the fecal coliform effluent limit from April 1 through October 31, rather than for the entire duration of the calendar year. Monitoring of fecal coliform in the effluent and at two nearby drinking water intakes will continue as specified in the NPDES permit. Although reevaluation of the fecal coliform variance is required at least every five years (with permit reissuance), this variance term has been extended to ten years, or two permit cycles. In 2033, at the end of their second permit cycle, the permittee will have to conduct an evaluation of their waste stream and disinfection alternative.

Public meeting

Active variances

Details on variances in National Pollutant Discharge Elimination System/State Disposal System (NPDES/SDS) permits issued by the MPCA. This list is updated annually by October 1.

Alexandria Lake Area Sanitary District (ALASD)

Permit ID: MN0040738
Pollutant (or restriction) for which variance is granted: Chloride
Rule citation: 7050.0222, subp. 4, Total Chloride
Receiving water: Lake Winona
Date approved: 10/28/2020; permit issued 11/15/2020
Restrictions in lieu of pollutant limit/restriction: Chloride Investigation & Minimization Plan due 180 days after issuance that includes iterative process to identify sources and incorporate source reduction measures. Alternate limits apply throughout the variance term (8 years) to be updated every 5 years based on re-evaluation (40 CFR 131.14(b)(1)(iii)).

Avon WWTP

Permit ID: MN0047325
Pollutant (or restriction) for which variance is granted: Chloride
Rule citation: 7050.0222, subp. 4, Total Chloride
Receiving water: Spunk Creek
Date approved: 2/25/2020; permit issued 3/15/2020 (limits and monitoring effective 4/1/2020)
Restrictions in lieu of pollutant limit/restriction: Chloride Investigation & Minimization Plan due 180 days after issuance that includes iterative process to identify sources and incorporate source reduction measures. Alternate limits apply throughout the variance term (15 years) to be updated every 5 years based on re-evaluation (40 CFR 131.14(b)(1)(iii)).

Cliffs Erie – Dunka Mining

Permit ID: MN0042579
Pollutant (or restriction) for which variance is granted: Total Hardness (Ca + Mg as CaCO3), Specific Conductance, Total Dissolved Solids, Bicarbonates
Rule citation: 7050.0212 subp. 6 and 7050.0222 subp. 7B
Receiving water: Unnamed creek, headwaters to Bob Bay (Birch Lake)
Date approved: 7/25/2000
Restrictions in lieu of pollutant limit/restriction: Alternate ‘additive toxicity’ limit for Outfalls SD008 and SD009 applicable during cold weather months. Chronic WET 3x/yr, biomonitoring and fish monitoring, and treatment optimization study.  In 2008 application for permit reissuance, Permittee requested continuation of the variance.  In response, MPCA staff indicated they would likely not be able to support a renewal of the variance.  Since the 2008 application, MPCA entered into a Consent Decree with Cliffs Erie to address alleged noncompliance.  Actions taken by Cliffs Erie in response to the Consent Decree has resulted in improvements in effluent quality such that the requested variance will no longer be needed (i.e., the request will not be processed as part of the future permit reissuance).

City of Sherburn Wastewater Treatment Plant (WWTP)

Permit ID: MN0024872
Pollutant (or restriction) for which variance is granted: Total hardness (Ca + Mg as CaCO3), Specific Conductance, Total Dissolved Solids, Bicarbonates
Rule citation: 7050.0223 and 7050.0224
Receiving water: County Ditch 11 (Martin County)
Date approved: May 27, 2021; permit issued June 30, 2021
Restrictions in lieu of pollutant limit/restriction: Within 180 days after permit reissuance, the Permittee shall submit an updated Salty Discharge Management Plan which details actions the Permittee will take to identify sources of salty parameter loading to the WWTP and to the receiving water. Alternate limits apply throughout the variance term (5 years) and may be revisited during permit reissuance (40 CFR 131.14(b)(1)(iii)).

United Taconite LLC - Thunderbird Mine

Permit ID: MN0044946
Pollutant (or restriction) for which variance is granted: pH
Rule citation: 7050.0224, Subp. 2; 7050.0227 Subp. 2
Receiving water: SD007 - Stream 4 to Manganika Creek. SD009 - Manganika Creek
Date approved: 6/12/1999
Restrictions in lieu of pollutant limit/restriction: Alternate pH limit of 9.3 due to naturally high pH in groundwater (Outfalls SD007 and SD009). Based on application (deemed complete 11/13/2009), MPCA has no plans to renew this variance.

Southern Minnesota Beet Sugar – Renville

Permit ID: MN0040665
Pollutant (or restriction) for which variance is granted: bicarbonates, hardness, total dissolved solids, total salinity, and specific conductance
Rule citation: 7050.0223, 7050.0224, 7050.0210
Receiving water: County Ditch 45
Date approved: 12/16/2020; permit issued 12/18/2020.
Restrictions in lieu of pollutant limit/restriction: Alternate effluent limitation for specific conductance and continued reductions in the discharge through implementation of a dissolved mineral reduction program.

Western Lake Superior Sanitary District (WLSSD)

Permit ID: MN0049786
Pollutant (or restriction) for which variance is granted: fecal coliform (year round disinfection) and mercury
Rule citation: 7053.0215 subp. 1 and 7052.0100 subp. 5, respectively (related to pollutants above)
Receiving water: St. Louis Bay (St. Louis River) and Superior Bay to Lake Superior
Date approved: 1/15/2016 (Mercury Variance)
Date granted: 6/21/2016 (fecal coliform and year round disinfection variance)
Restrictions in lieu of pollutant limit/restriction: Interim mercury effluent limits lower than the previous NPDES/SDS permit; additional mercury monitoring; further investigation of potential mercury removal technologies. Compliance with a fecal coliform limit from April 1 through October 31 of each year; monitoring the SD001 station year-round and requires intervention disinfection limits if monitoring at two drinking water intakes exceed a specified numeric level; evaluate alternative disinfection options.

City of Worthington Wastewater Treatment Plant (WWTP)

Permit ID: MN0031186
Pollutant (or restriction) for which variance is granted: Total Chloride
Rule citation: 7050.0222, subp. 2
Receiving water: Okabena Creek
Date approved: 5/4/2021; permit issued 5/7/2021
Restrictions in lieu of pollutant limit/restriction: Plan due 180 days after issuance that includes iterative process to reduce sources identified in the variance request form, identify other sources, and incorporate source reduction measures. Alternate limits apply throughout the variance term (15 years) to be updated every 5 years based on re-evaluation (40 CFR 131.14(b)(1)(iii)).

Glacial Lakes Sanitary Sewer and Water District

Permit ID: MN0052752
Pollutant (or restriction) for which variance is granted: Chloride
Rule citation: 7050.0222, subp. 4, Total Chloride
Receiving water: Shell Rock River
Date approved: December 14, 2021; permit issued January 4, 2022
Restrictions in lieu of pollutant limit/restriction: Chloride Investigation & Minimization Plan due 180 days after issuance that includes iterative process to identify sources and incorporate source reduction measures. Alternate limits apply throughout the variance term (8 years) to be updated every 5 years based on re-evaluation (40 CFR 131.14(b)(1)(iii)).

City of Albert Lea Wastewater Treatment Plant

Permit ID: MN0041092
Pollutant (or restriction) for which variance is granted: Chloride
Rule citation: 7050.0222, subp. 4, Total Chloride
Receiving water: Middle Fork of the Crow River
Date approved: December 17, 2021; permit issued February 1, 2022
Restrictions in lieu of pollutant limit/restriction: Chloride Investigation & Minimization Plan due 180 days after issuance that includes iterative process to identify sources and incorporate source reduction measures. Alternate limits apply throughout the variance term (8 years) to be updated every 5 years based on re-evaluation (40 CFR 131.14(b)(1)(iii)).