About a year after finalizing its construction stormwater rule, EPA has abandoned the numeric turbidity limits after admitting they are flawed because EPA agreed it improperly interpreted data and could no longer support the 280-NTU numeric effluent limit. Among other requirements, EPA's December 2009 Effluent Limitations Guidelines (ELG) established a numeric limit on the turbidity of stormwater discharges from large construction sites and required monitoring to ensure compliance with that limit. In August, EPA filed an unopposed motion in the 7th U.S. Circuit Court of Appeals, asking the court to vacate its numeric ELG. Wisconsin Builders Ass'n v. EPA. While the court granted EPA's request to remand the numeric ELG, it refused to vacate the ELGs, which remain enforceable. The court's ruling leaves states that are in the process of renewing general permits for construction stormwater in the awkward position of having to address EPA's admittedly flawed, but enforceable, ELGs while EPA goes through the administrative process of revising its rule.