Discharger Specific Variances Under the Clean Water Act

A Discharger Specific Variance (DSV) is a relatively new approach for temporary relief from a water quality based effluent limit (WQBEL). A DSV is considered a water quality standards action, and may be adopted where it is infeasible to meet a permit limitation. As this is a relatively new approach, there are few examples of how to navigate the process of obtaining a DSV, especially where state and federal regulations may differ. Suncor Energy (U.S.A.) Inc. (Suncor) owns and operates a petroleum refinery in Denver, Colorado, and was recently successful in obtaining a DSV for selenium, supported by the Environmental Protection Agency (EPA), the Water Quality Control Division (Division), Colorado Parks and Wildlife (CPW) and the Colorado Water Quality Control Commission (Commission). This presentation will focus on both the requirements for obtaining a DSV, and how to successfully navigate the process working together with the regulatory agencies and stakeholders.