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The U.S. Environmental Protection Agency recently proposed to jettison a numeric turbidity limitation that it had previously established for stormwater discharges from construction sites. Under a proposed rule issued in early April, the EPA would instead rely exclusively on best management practices, or BMPs, to minimize the pollutants that stormwater carries away from these sites and delivers to nearby waterways. While the agency retreat marks a victory for the industry groups that challenged the imposition of the numeric limitation, there are reasons to believe that this victory could be short-lived.

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