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The U.S. Court of Appeals for the Seventh Circuit on August 24 granted EPA’s request for remand of a portion of a stormwater construction rule so the agency can determine whether it needs to revise the discharge limits for construction sites (Wisconsin Builders Ass'n v. EPA, 7th Cir., No. 09-4113, 8/24/10). The decision means the agency can re-examine the first enforceable numeric limit on the amount of pollutants in stormwater that may be discharged from certain construction and development sites. In its August 13 filing for remand of certain portions of the final rule, EPA indicated that it would re-examine the limit through a narrowly-tailored notice-and-comment rulemaking and, if necessary, revise that portion of the limit before proceeding with its defense of the rule - Effluent Limitations Guidelines and Standards for the Construction and Development Point Source Category, published in the December 1, 2009 Federal Register. The agency also asked the court to remand the administrative record for the rule so that EPA could better explain the rationale for its new standards. It asked that the court hold the case in abeyance for 18 months, until February 15, 2012, to allow time to fix the rule. According to EPA, the rule affects about 82,000 companies, including residential and commercial construction companies and civil engineering firms involved in highway, street, and bridge construction.