Reviewability of Claims of Upset

Section 310 Section 310.905  Reviewability of Claims of Upset In the usual exercise of prosecutorial discretion, Agency enforcement personnel should review any claims that non-compliance was caused by an upset.  No determinations made in the course of the review constitute final Agency action subject to judicial review.  Industrial users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards. BOARD NOTE:  Derived from 40 CFR 403.16(e) (2003).