The Minnesota Pollution Control Agency (MPCA) is amending its Water Quality Variance rules and planning to publish notice of the proposed rules in November 2015.
A Water Quality Variance is a temporary change in a state’s water quality standard for a specific pollutant and its relevant criteria, allowing a particular discharger to deviate from meeting a water quality-based effluent limit. As the agency delegated to implement the Clean Water Act, the MPCA may grant variances through the National Pollution Discharge Elimination System/State Disposal System (NPDES/SDS) permit program. Because of this delegation, MPCA must assess a variance using the same conditions and criteria that the U.S. EPA uses.
Minnesota’s water quality rules have variance provisions in three different rule chapters. The procedures for granting a variance are different in each chapter. The chapter 7052 rules are based on federal rules and apply to the Lake Superior Basin while the chapter 7050 and 7053 rules apply to the rest of the state and differ from federal requirements. These differences are confusing to regulated parties, and make it difficult for the MPCA to maintain consistency in the variance process and compliance with applicable federal requirements. The rule changes are to address these differences and provide consistent application of the state’s variance rules and applicable federal requirements.
The rule amendments are only concerned with the procedural requirements for obtaining a variance and will not result in more or less restrictive water quality standards or change to a water quality standard of any kind.
If interested in receiving electronic notices about these rules, the agency encourages you to subscribe to Water Quality Variance Rule email updates. Information on these rules is available on the MPCA’s Water Quality Variance Rule making webpage.
