A water quality variance is a time-limited designated use and criterion change for a specific pollutant, allowing deviation from meeting a water quality-based effluent limit (WQBEL) for a specific discharger. Federal and state regulations allow the flexibility to adopt a variance based upon one of the six use attainability factors outlined in 40 CFR §131.10(g)(6) or actions necessary to facilitate lake, wetland, or stream restoration through dam removal or other significant reconfiguration activities preclude attainment of the designated use and criterion while actions are being implemented. A variance serves as the applicable water quality standard for implementing the National Pollution Discharge Elimination System / Missouri State Operating Permit (NPDES/MSOP) permit program or when issuing Clean Water Act 401 certifications. It is important to consider that the currently attained ambient water quality shall not be adversely affected during the term of the variance.

A variance from water quality standards must meet the federal requirements in 40 CFR § 131.14 and state requirements in 10 CSR 20-7.031(12).  

Public Notice

None at this time.

Water Quality Standards Variances in Progress

Joplin Documents, Public Comments and Responses to Comments
City of Joplin Variance CWC-V-1-19 (coming soon)
Public Notice August 12, 2019 through September 13, 2019
Public Comments
Responses to Comments (coming soon)

Kirksville Documents, Public Comments and Responses to Comments
City of Kirksville Variance CWC-V-1-17
Public Notice Sept. 1, 2017 through Oct. 11, 2017
Comments and Responses

Multiple Discharger Variance Framework Documents, Public Comments and Responses to Comments
Missouri Department of Natural Resources, Missouri Multiple Discharger Variance from the Water Quality Standards of Total Ammonia Nitrogen, Sept. 15, 2017
Memo - Multiple Discharger Variance Framework: CWC-MDV-1-17, Sept. 15, 2017

Public Notice May 6, 2016 through June 6, 2016
Public Notice March 1, 2017 through March 30, 2017

Public Comments

June 30, 2017 -Responses to Comments
Sept. 1, 2017 - Responses to Comments
Sept. 15, 2017 - Responses to Comments

Guidance Documents

40 CFR Part 131.14: EPA’s regulations for water quality standards variances.
Checklist For Evaluating State Submission Of Discharger-Specific Water Quality Standards Variances (PDF): EPA’s checklist for determining if a state has met all of the regulatory requirements for a water quality standards variance applicable to specific dischargers.
Discharger-specific Variances on a Broader Scale: Developing Credible Rationales for Variances that Apply to Multiple Dischargers (PDF): EPA’s Frequently Asked Questions for water quality standards variances applicable to multiple dischargers.
Economic Guidance for Water Quality Standards: EPA’s guidance for conducting economic analyses for changes to water quality standards (including water quality standards variances). Use the various spreadsheet tools on this page for additional help.
State-Specific Water Quality Standards Effective under the Clean Water Act (CWA): State, territorial, and authorized tribal water quality standards that EPA has approved or are otherwise in effect for Clean Water Act purposes.

Water Quality Standard Variances

City of Fulton Documents, Public Comments and Responses to Comments
EPA Variance Approval Letter - Mar. 12, 2015
Attorney General Certification - July 25, 2014
City of Fulton Waste Water Treatment Plant Final Variance CWC-V-2-13 - June 9, 2014
Public Notice - May 9, 2014 through June 9, 2014
Public Comments and Response to Public Comments