Water QualityStandards VariancesOVERVIEWOCTOBER 2017OFFICE OF SCIENCE AND TECHNOLOGYOFFICE OF WATERU.S. EPA
Objectives1. Learn the basics of a Water Quality Standards (WQS)variance2. Understand how using a WQS variance can help to getreal improvements in water quality3. Decide if WQS variance is right tool for your situation4. Learn how to adopt a WQS variance and submit it toEPA5. Understand how WQS variances relate to other CleanWater Act (CWA) programsOCTOBER 2017 VARIANCE OVERVIEW2
Disclaimers This presentation does not: Impose any binding requirements Determine the obligations of the regulated community Change or substitute for any statutory provision orregulation requirement Represent, change or substitute for any Agency policy orguidance Control in any case of conflict between this discussion andstatute, regulation, policy or guidanceThe views expressed in presentation are those of the author[s] and do notnecessarily represent the views or policies of the U.S. EnvironmentalProtection Agency.OCTOBER 2017 VARIANCE OVERVIEW3
What is a WQSVariance?
Statutory Basis for WQS VariancesSec. 101 of the Clean Water Act(a) The objective of this Act is to restore and maintain thechemical, physical, and biological integrity of the Nation'swaters. (1) (2) it is the national goal that wherever attainable, aninterim goal of water quality which provides for Interpretation The goal is to make water quality better This goal may not always be readily attainableOCTOBER 2017 VARIANCE OVERVIEW5
A WQS Variance is:A time-limited designated use and criterion: for a specific pollutant from a specific source or for a specific water body that reflects the highest attainable condition for aspecific time period.A regulatory mechanism that allows progress towardattaining a designated use and criterion that is notcurrently attainable.OCTOBER 2017 VARIANCE OVERVIEW6
Link Between WQS Variances andNPDES PermitsImplementation:NPDES PermitWater QualityStandardsWQS Variance-Time /waterUse body specific-Full attainmentof WQS cannotThe desired functionofbe achieveda water body. 40 CFR 131.1440 CFR 131.10CriteriaWQBELsPollutantPollutant11Pollutant 2Pollutant 3 .Pollutant 1Pollutant 2Pollutant 3 .Less stringent WQBEL forThe water qualitylevels that willprotect thedesignated use.40 CFR 131.11OCTOBER 2017 VARIANCE OVERVIEWspecific pollutant/waterbody based on highestEffluentlimitationsattainable condition andnecessarymeetactions to toachieveitapplicable waterquality standards(i.e., designated useand water qualitycriteria).7
Variances: A Legitimate ToolA WQS variance is a WQS that requires review and approval by EPAProvides a legal bridge between WQS and NPDES permit limits thatallows permitting authorities: To establish less stringent Water Quality Based Effluent Limits (WQBELs) forspecific pollutant or water body, for a specified period of time (only as long as necessary to achieve HAC), that still derive from and comply with all applicable WQS consistent with 40CFR 122.44(d)(1)(vii)(A).OCTOBER 2017 VARIANCE OVERVIEW8
How Can WQSVariances Lead to RealImprovements inWater Quality?
When WQS Variances Can Be UsefulIncremental water quality improvements can be madeeven though: The designated use and criterion is not attainable now,but the state or authorized tribe believes it can be in thefuture, or The feasibility of attaining the designated use andcriterion in the future is uncertain, but the state doesn’twant to “give up”, or The designated use and criterion is not attainable, butprogress can be made while the state determines thehighest attainable use.OCTOBER 2017 VARIANCE OVERVIEW10
Intent of 40 CFR 131.14 Explicitly authorizes WQS variances - states andauthorized tribes are not required to adopt theirown authorizing provisions or procedures. Reduces uncertainty and facilitates appropriate,consistent, and effective implementation over adefined period of time. Ensures transparency and accountability to boththe regulated community and the public.OCTOBER 2017 VARIANCE OVERVIEW11
Basic structure of 40 CFR 131.14OCTOBER 2017 VARIANCE OVERVIEW12
Variance RequirementsOCTOBER 2017 VARIANCE OVERVIEW13
WQS Variance Requirements-Scope Defines the scope of the variance: Pollutant specific Discharger specific Individual discharger Multiple dischargers* Waterbody/waterbody segment specific*A multiple-discharger variance (MDV):-Can reduce the administrative burden associated with adopting many otherwisejustifiable individual discharger-specific WQS variances-Must fulfill the requirements at 131.14 (e.g. dischargers included in an MDVmust be eligible to receive a WQS variance)OCTOBER 2017 VARIANCE OVERVIEW14
WQS Variance Requirements-HAC Quantifiable expression that reflects the highestattainable condition (HAC) during the specified timeperiod in the variance. Cannot lower currently attained water quality.Highest Attainable UseHighest Attainable Condition (HAC)-Applies only to CWA 101(a)(2) uses andsubcategories of such uses-Must be determined by UAA using at least 1 of6 factors specified in 131.10(g)-Applies to WQS variance for either 101(a)2 ornon-101(a)(2) uses-Quantifiable expression of the best that can beachieved in the variance timeframeOCTOBER 2017 VARIANCE OVERVIEW15
WQS Variance RequirementsTerm and Public Input Term of the variance must be a specified time after EPAapproval of variance, or date. Must document that the termis only as long as necessary to achieve the highest attainablecondition. Timeframe is justified by describing the pollutant control activitiesthat need to occur during that term. Established after a public hearing consistent with 40 CFR131.20OCTOBER 2017 VARIANCE OVERVIEW16
WQS Variance RequirementsReevaluationsA variance with a term of longer than 5 years must also reevaluate thehighest attainable condition Variance must specify a frequency to reevaluate, but at least every5 years. The reevaluations must be submitted to EPA within 30 days ofcompletion Variance must also state the following: Variance will no longer be the applicable WQS for purposes of the Act, ifthe reevaluation is not conducted consistent with the frequencyspecified in the WQS variance or the results are not submitted to EPA,until the reevaluation is complete or the results are submitted If the reevaluation identifies a more stringent highest attainablecondition, it becomes the applicable highest attainable condition. How the state/tribe intends to obtain public input on the reevaluation.* Great Lakes Waters (40 CFR Part 132) Federal Max term 5 yearsOCTOBER 2017 VARIANCE OVERVIEW17
Example: Reevaluation at Permit ReissuanceOCTOBER 2017 VARIANCE OVERVIEW18
WQS Variance: Summary ofRequirements1) Scope –Identification of the pollutant(s) or water quality parameter(s)and water body or waterbody segment2) Requirements that apply throughout term of the variance (i.e. HAC)3) Statement that variance requirements are the more stringent ofeither HAC at time of adoption, or HAC identified at reevaluation4) Variance Term5) Reevaluation for variances with term 5 years6) Reevaluation provisionOCTOBER 2017 VARIANCE OVERVIEW19
Is a WQS Variancethe Right Tool forYour Situation?SUBMISSION REQUIREMENTSOCTOBER 2017 VARIANCE OVERVIEW20
WQS Variance Supporting DocumentationOCTOBER 2017 VARIANCE OVERVIEW21
Strong Supporting Documentation:Ensures Consistency with 40 CFR 131.141.The need for the WQS variance40 CFR 131.14(b)(2): “The supporting documentation must include (i) Documentation demonstrating theneed for a WQS variance.”2.The term of the WQS variance is only as long as necessary to achieve thehighest attainable condition.40 CFR 131.14(b)(2): “The supporting documentation must include (ii) “Documentation demonstratingthat the term of the WQS variance is only as long as necessary to achieve the highest attainablecondition.”3.The interim WQS represents the highest attainable condition40 CFR 131.14(b)(1)(ii): “The requirements shall represent the highest attainable condition of the waterbody or waterbody segment applicable throughout the term of the WQS variance based on thedocumentation required in (b)(2) of this section.OCTOBER 2017 VARIANCE OVERVIEW22
Is a WQS Variance the Right Tool?1. Can you identify the geographic scope of your problem? Single Discharger Multiple Discharger Waterbody segment Entire Waterbody Nonpoint sources can have a significant bearing on whether a designated use andcriteria can be attained. It is essential to consider nonpoint sources and potential controls when adopting awaterbody/ waterbody segment variance and identifying highest attainable condition.OCTOBER 2017 VARIANCE OVERVIEW23
Demonstration of Need for WQS Variance2.40 CFR131.10(g)40 CFR131.14Can you demonstrate that a use related to aquatic life or recreationis unattainable for a limited period of time (at this geographicscope and for a specific pollutant(s)) based on one of the 7regulatory factors?1. Naturally occurring pollutant concentrations.Or or low flow conditions.2. Natural, ephemeral, intermittent3. youHumancaused conditionsbe remediedwouldcauseCandemonstratethat you cannotconsideredthe useorandvalueof amorenonenvironmentaldamagecorrect thanleave intoplace.101(a)(2)use and findthat atovarianceis neededmake incremental4. Dams,diversionsor ologicuse (at thisgeographic scope and for a5. Physical conditions related to natural features preclude aquatic life uses.specific pollutant(s))?6. Controls more stringent than needed to meet technology based limits causesubstantial and widespread economic and social impact.7. Actions necessary to facilitate lake, wetland, or stream restoration throughdam removal or other significant reconfiguration activities precludeattainment of the designated use and criterion while the actions are beingimplemented.24
Justification of Variance Term and HAC3. Can you identify the best condition achievable (i.e.,Highest Attainable Condition) and how much time isneeded to attain it?4. Can you identify the pollutant control activities thatwill be implemented during this time to makeincremental progress towards that highest attainablecondition?If you answered “yes” to these questions, then a WQSvariance may be useful to address your situation.OCTOBER 2017 VARIANCE OVERVIEW25
Supporting Documentation:Discharger(s)-specific HAC andPollutant Control Activities1. Highest attainable interim criterion; or2. Interim effluent condition reflecting greatest pollutantreduction achievable; or3. If no additional feasible pollutant controls, the interimcriterion or interim effluent condition reflectinggreatest pollutant reduction with optimization ofinstalled treatment AND adoption and implementationof a pollutant minimization program (PMP). PollutantMinimization Program (131.3(p)) – “in thecontext of 131.14, is a structured set of activities toimprove processes and pollutant controls that will preventand reduce pollutant loadings.”OCTOBER 2017 VARIANCE OVERVIEW26
Supporting Documentation:Water body or Waterbody SegmentHAC and Pollutant Control Activities1. Highest attainable interim use and interim criterion; or2. If no additional feasible pollutant controls, the interim useand interim criterion reflecting greatest pollutantreduction with optimization of installed treatment ANDadoption and implementation of a pollutant minimizationprogram (PMP). Pollutant Minimization Program (131.3(p)) – “in the context of131.14, is a structured set of activities to improve processes andpollutant controls that will prevent and reduce pollutantloadings.”OCTOBER 2017 VARIANCE OVERVIEW27
Subsequent VariancesThe regulations do not prohibit adoption of a subsequentvariance once the initial variance expires.A subsequent variance may be obtained if therequirements of 131.14 are fully met again.In addition, a subsequent waterbody or waterbodysegment variance would require additionaldocumentation on implementation of Best ManagementPractices (BMPs)and progress for nonpoint sources.OCTOBER 2017 VARIANCE OVERVIEW28
How Do WQSVariances Relateto Other CWAPrograms?
WQS Variances and OtherCWA ToolsSite-specific criteriaPermit compliance schedulesImpaired waters listingsTotal Maximum Daily Load allocations401 certificationsOCTOBER 2017 VARIANCE OVERVIEW30
Site Specific CriteriaSite Specific CriteriaWQS VarianceWhere the same designated usewill be protected but withdifferent (e.g. more or lessstringent) water quality criteria.Where the designated usecannot be attained for a periodof time and the state adopts aless stringent designated use andcriteria to be put in place for aspecified period of time.OCTOBER 2017 VARIANCE OVERVIEW31
Permit Compliance SchedulePermit Compliance ScheduleThe permit requirescompliance with final WQBELs(based on WQS) “as soon aspossible.”Actions and time needed tocomply with the WQBEL areknown.A condition included in apermit.WQS VarianceThe WQS variance is atemporary designated use andcriterion and WQBELs areadjusted to make incrementalprogress toward attaining thestandard.Actions and time needed tocomply with the WQBEL areuncertain.WQS basis for a less stringentpermit limit.OCTOBER 2017 VARIANCE OVERVIEW32
Example: Using a Permit ComplianceSchedule with a WQS VarianceOCTOBER 2017 VARIANCE OVERVIEW33
Impaired Waters Listing (303(d))Assessment for 303(d) listing is based on the underlying designated useand criteria, not the interim requirements of a variance.Variances are time-limited and intended to restore the underlyingdesignated use, not change the long-term goal of the waterbody.OCTOBER 2017 VARIANCE OVERVIEW34
Total Maximum Daily LoadsInterim requirements of a WQS variance do not replace theunderlying designated use and criteria. Load allocations must be based on the underlying designated usebecause a WQS variance is time-limited and intended to restore thewaterbody.However, a permit may include limits based on the WQSvariance even where there is a TMDL for that parameterbecause the allocations in the TMDL are not “available”during that time period.OCTOBER 2017 VARIANCE OVERVIEW35
CWA Section 401 Certifications If a WQS variance is the applicable WQS, a stateor authorized tribe can use the WQS variance asa basis for 401 certification.OCTOBER 2017 VARIANCE OVERVIEW36
Helpful Resources Online WQS Variance Building Tool Checklist For Evaluating State Submission Of DischargerSpecific Water Quality Standards Variances Checklist for Water Quality Standards Variance SupportingDocumentation Requirements (PDF) Interim Economic Guidance for Water Quality Standards Worksheets to implement the Interim Economic Guidancefor Water Quality Standards Multiple-discharger WQS variance FAQ Dedicated chapter in the WQS Handbook (underdevelopment) WQS variance clearinghouse (under development)OCTOBER 2017 VARIANCE OVERVIEW37
Questions/DiscussionThank you!GA RY RUSSOMELISSA DREYFUSRUSSO.GARY@EPA .GOVDREYFUS.MELISSA@EPA .GOV202-566 -1335202-566-9989
applicable water quality standards (i.e., designated use and water quality criteria). The water quality levels that will protect the designated use. 40 CFR 131.11 Water Quality Standards Implementation: NPDES Permit Link Between WQS Variances and NPDES Permits 7 Pollutant 1 WQS Variance-Time limited designated use/criterion-Pollutant/water body .
Understand static budgets and static-budget variances 2. Examine the concept of a flexible budget and learn how to develop it 3. Calculate flexible-budget variances and sales-volume variances 4. Explain why standard costs are often used in variance analysis 5. Compute price varianc
Variable overhead - expenditure and efficiency variances; Fixed overhead - expenditure and volume variances; Sales – price and volume variances; Reconciliation of budgeted with actual profit. Calculation of variances shall be base
391-3-6-.03 Water Use Classifications and Water Quality Standards.* (1) Purpose. The establishment of water quality standards. (2) Water Quality Enhancement: (a) The purposes and intent of the State in establishing Water Quality Standards are to . The State may remove a designated use which is not an existing use, as defined in 40 CFR 131.3 .
Designated uses establish water quality goals. o Determines appropriate criteria to meet goals o Requires protection of downstream waters. 14. Water Quality Criteria. Defined: Elements of state/tribe water quality standards, expressed as a constituent concentration, levels, or narrative statements, representing a quality of water that
17.32 Environmental Politics 10 Water Quality Act 1965 First federal law to mandate state water quality standards To attain ambient water quality standards set by states for interstate water bodies States must set water quality standards, implementation plans (discharge limits to meet standards), & enforcement plans to limit .
Chesapeake Bay DO WQS as a reference point. 3. EPA re-evaluating National Recommended Criteria documents for DO, T, and pH – As indicated in item 2 above, the criteria documents for DO, T, and pH are outdated and likely did not consider the role of continuous monitor
ciation of Clean Water Agencies (ACWA), and the Northwest Biosolids Manage- . Douglas Peters, Oregon Department of Environmental Quality, Portland, OR Kris McCumby, Alaska Dept. of Environmental Conservation, Fairbanks, AK . (Revised edition available in 1999.) A plain English guide to the EPA Part 503 biosolids rule. EPA Publ. 832-R-93-003.
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