Proposed Rule2026-03646
Prior Notice of Citizen Suits
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 24, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to amend its regulations prescribing the manner in which prior notice of citizen suits is to be provided as required under the citizen suit provisions of the Clean Air Act (CAA), the Clean Water Act (CWA), the Safe Drinking Water Act (SDWA), the Noise Control Act (NCA), the Resource Conservation and Recovery Act (RCRA), the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and the Toxic Substances Control Act (TSCA). This proposed rulemaking would generally require electronic service to EPA of Notices of Intent (NOIs) to file a citizen suit under the listed environmental statutes. These proposed revisions would help ensure the Agency receives and processes such NOIs in a timely and efficient manner.
Full Text
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<title>Federal Register, Volume 91 Issue 36 (Tuesday, February 24, 2026)</title>
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[Federal Register Volume 91, Number 36 (Tuesday, February 24, 2026)]
[Proposed Rules]
[Pages 8810-8818]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-03646]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 54, 135, 210, 254, 374, and 702
[EPA-HQ-OGC-2024-0557; FRL 11956-01-OGC]
RIN 2015-AA04
Prior Notice of Citizen Suits
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
amend its regulations prescribing the manner in which prior notice of
citizen suits is to be provided as required under the citizen suit
provisions of the Clean Air Act (CAA), the Clean Water Act (CWA), the
Safe Drinking Water Act (SDWA), the Noise Control Act (NCA), the
Resource Conservation and Recovery Act (RCRA), the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA), and
the Toxic Substances Control Act (TSCA). This proposed rulemaking would
generally require electronic service to EPA of Notices of Intent (NOIs)
to file a citizen suit under the listed environmental statutes. These
proposed revisions would help ensure the Agency receives and processes
such NOIs in a timely and efficient manner.
DATES: Comments must be received on or before March 26, 2026.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OGC-2024-0557, by any of the following methods:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>
(our preferred method). Follow the online instructions for submitting
comments.
<bullet> Mail: U.S. Environmental Protection Agency, EPA Docket
Center, Office of General Counsel Docket, Mail Code 28221T, 1200
Pennsylvania Avenue NW, Washington, DC 20460.
<bullet> Hand Delivery or Courier: EPA Docket Center, WJC West
Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004.
The Docket Center's hours of operations are 8:30 a.m. to 4:30 p.m.,
Monday-Friday (except Federal Holidays).
Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received may be posted without change
to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including personal information
provided. For detailed instructions on sending comments and additional
information on the rulemaking process, see the ``Public Participation''
heading of the SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Corin James, Air and Radiation Law
Office, Office of General Counsel (Mail code 2344A), Environmental
Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460;
telephone number: 202-564-1754; email address: <a href="/cdn-cgi/l/email-protection#452f242820366b262a372c2b7574052035246b222a33"><span class="__cf_email__" data-cfemail="e48e85898197ca878b968d8ad4d5a4819485ca838b92">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Public Participation
A. Written Comments
Submit your comments, identified by Docket ID No. EPA-HQ-OGC-2024-
0557, at <a href="https://www.regulations.gov">https://www.regulations.gov</a> (our preferred method), or the
other methods identified in the ADDRESSES section. Once submitted,
comments cannot be edited or removed from the docket. EPA may publish
any comment received to its public docket. Do not submit to EPA's
docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> any information you consider to
be Confidential Business Information (CBI), Proprietary Business
Information (PBI), or other information whose disclosure is restricted
by statute. Multimedia submissions (audio, video, etc.) must be
accompanied by a written comment. The written comment is considered the
official comment and should include discussion of all points you wish
to make. EPA will generally not consider comments or comment contents
located outside of the primary submission (i.e., on the web, cloud, or
other file sharing system). Please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a> for additional submission methods; the full EPA
public comment policy; information about CBI, PBI, or multimedia
submissions; and general guidance on making effective comments.
II. General Information
A. What action is the Agency taking?
The EPA is proposing to revise its regulations under the Clean Air
Act (CAA), the Clean Water Act (CWA), the Safe Drinking Water Act
(SDWA), the Noise Control Act (NCA), the Resource Conservation and
Recovery Act (RCRA), the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA), and the Toxic Substances
Control Act (TSCA) to generally require electronic service to the EPA
of Notices of Intent (NOIs) to file a citizen suit under the listed
environmental statutes. The existing regulations that prescribe the
manner in which NOIs must be served upon the EPA require service by
mail. The proposed amendments to the rules would require electronic
service to the Administrator, as well as the relevant Regional
Administrator, if applicable, via the procedure identified at
<a href="http://www.epa.gov/ogc">www.epa.gov/ogc</a>. However, for situations where electronic service is
impracticable, the proposed amendments to the rules would allow service
of NOIs to be accomplished via certified mail accompanied by an
explanation as to why electronic service is impracticable.
B. What is the Agency's authority for taking this action?
The EPA has statutory authority for prescribing regulations under
the citizen suit provisions of the CAA, CWA, SDWA, NCA, RCRA, CERCLA,
and TSCA.
1. Clean Air Act
Section 304 of the CAA, as amended by Public Law 91-604 (December
31, 1970), authorizes any person to commence a civil action against (1)
any person alleged to be in violation of an emission standard or
limitation under the CAA or in violation of an order with respect to
such limitation issued by the Administrator of the EPA or a State, or
(2) the Administrator, where there is alleged a failure of the
Administrator to perform any nondiscretionary act or duty under the
CAA. Except in certain cases, no action may be commenced against the
Administrator pursuant to CAA section 304 prior to 60 days after the
plaintiff gives notice of such action to the Administrator. In the case
of actions against persons other than the Administrator, section 304
requires that notice of the alleged violation be given to the
Administrator, the State in which the violation is alleged to have
occurred, and the alleged violator, at least 60 days prior to
commencement of the action. CAA section 304 directs the Administrator
to prescribe by regulation the manner in which such notices shall be
given.
2. Clean Water Act
Section 505 of the CWA authorizes any citizen to commence a civil
action against (1) any person alleged to be in
[[Page 8811]]
violation of an effluent standard or limitation under the CWA or in
violation of an order with respect to such limitation issued by the
Administrator of the EPA or a State or, (2) the Administrator, where
there is alleged a failure of the Administrator to perform any
nondiscretionary act or duty under the Act. 33 U.S.C. 1365. Except in
certain cases, no action may be commenced against the Administrator
pursuant to section 505 prior to 60 days after the plaintiff gives
notice of such action to the Administrator. In the case of actions
against persons other than the Administrator, section 505 requires that
notice of the violation be given to the Administrator, to the State in
which the violation is alleged to have occurred, and to the alleged
violator, at least 60 days prior to commencement of the action. CWA
section 505(b) directs the Administrator to prescribe by regulation the
manner in which such notices shall be given.
3. Safe Drinking Water Act
Section 1449 of the SDWA authorizes any person to commence a civil
action to enforce the SDWA against an alleged violator of any
requirements prescribed by or under the SDWA, or against the
Administrator for failure to perform any duty which is not
discretionary under the Act. 42 U.S.C. 300j-8. No such action may be
commenced prior to 60 days after giving notice of the alleged violation
to the Administrator, any alleged violator, and to the State. SDWA
section 1449(b) directs the Administrator to prescribe by regulation
the manner in which such notices shall be given.
4. Noise Control Act
Section 12 of the NCA of 1972 (Pub. L. 92-574) authorizes any
person to commence a civil action against (1) any person alleged to be
in violation of any noise control requirement (as defined in section
12(f) of the Noise Control Act), (2) the Administrator of the EPA,
where there is an alleged failure of the Administrator to perform any
nondiscretionary act or duty under the Act, or (3) the Administrator of
the Federal Aviation Administration where there is an alleged failure
of the Administrator to perform any nondiscretionary act or duty under
section 611 of the Federal Aviation Act of 1958 (49 U.S.C. 1431). No
action may be commenced pursuant to section 12 prior to 60 days after
the plaintiff has given notice of the action to the Administrator of
the EPA, to any alleged violator, and to the Administrator of the
Federal Aviation Administration in the case of a violation of section
611 of the Federal Aviation Act. Section 12(b) directs the
Administrator of the EPA to prescribe by regulation the manner in which
such notices shall be given.
5. Resource Conservation and Recovery Act
Section 7002 of the Solid Waste Disposal Act, as amended by RCRA in
1976, authorizes suit by any person to enforce the Act. These suits may
be brought where there is alleged to be a violation by any ``person
(including (a) The United States, and (b) any other governmental
instrumentality or agency, to the extent permitted by the eleventh
amendment to the Constitution) of any permit, standard, regulation,
condition, requirement, or order'' which has become effective under the
Act, ``against any person . . ., who has contributed or is contributing
to the past or present handling, storage, treatment, transportation, or
disposal of any solid or hazardous waste which may present an imminent
and substantial endangerment to health or the environment,'' or
``against the Administrator where this is alleged a failure of the
Administrator to perform any act or duty [under the Act] which is not
discretionary with the Administrator.'' 42 U.S.C. 6972(a). RCRA section
7002 authorizes the Administrator to prescribe by regulation the manner
in which notice of actions taken under this section shall be given.
6. Comprehensive Environmental Response, Compensation, and Liability
Act
Section 310 of CERCLA authorizes any person to commence a civil
action on his or her own behalf against: (1) any person (including the
United States or other governing agency) who is alleged to be in
violation of any standard, regulation, condition, requirement, or order
which has become effective under CERCLA (including any provision of an
agreement under section 120, relating to Federal facilities); or (2)
the President or other officer of the United States (including the
Administrator of the EPA or the Administrator of the Agency on Toxic
Substances and Disease Registry) for an alleged failure to perform any
act or duty which is not discretionary under CERCLA. For actions
against a violator of CERCLA, the plaintiff must provide notice to the
United States, the State, and the violator 60 days prior to commencing
such action. For actions against an officer of the United States for
failing to perform a nondiscretionary duty, the plaintiff must provide
notice to the United States 60 days prior to commencing such action.
Section 310(d) and section 310(e) of CERCLA authorizes the President to
promulgate these regulations prescribing the manner in which such
notice shall be given; the President has delegated that authority to
the Administrator of the EPA.
7. Toxic Substances Control Act
Section 20 of TSCA authorizes persons to initiate citizens' suits
to restrain certain violators of TSCA or to compel implementation by
the EPA of TSCA non-discretionary authorities. Prior to filing suit,
persons must give notice both to the Administrator and to the person
alleged to have violated the Act. Section 20 requires that this notice
be given 60 days prior to beginning civil suit, and the manner of
giving notice is to be determined by the Administrator.
III. Background
Proposed Amendments to Regulations Under 40 CFR Parts 54, 135, 210,
254, 374, and 702
Pursuant to the Administrator's authority to prescribe regulations
as described in section II.B of this preamble, the EPA is proposing
changes to its regulations under 40 CFR 54.2, 135.2, 210.2, 254.2,
374.2, and 702.61, to amend the manner in which NOIs shall be given.
Currently, the existing regulations require that service of NOIs to the
EPA be accomplished by mail. The proposed changes to the relevant
regulations would require electronic service to the EPA via the
procedure identified on the EPA Office of General Counsel's website
(<a href="http://www.epa.gov/ogc">www.epa.gov/ogc</a>). The EPA is proposing to require electronic
submission of NOIs to ensure the Agency receives and processes such
NOIs in a modern, more timely, and efficient manner. The proposed
change would better serve the purpose of the 60-day waiting period that
these statutes prescribe because the EPA would receive electronic NOIs
instantaneously and would have more time to potentially address the
concern provided in the NOI before the NOI submitter files a judicial
complaint. Such a change could alleviate the need for costly and
protracted litigation, which would conserve the resources of the Agency
and the public. Additionally, centralizing an electronic NOI repository
would allow the Agency to more effectively monitor the NOIs received
and quickly post them to EPA's public-facing website, which is
important for public transparency. The EPA also expects that electronic
service would benefit the public because it is more convenient and less
costly than the existing process, which requires NOI
[[Page 8812]]
submitters to bear the costs of paper printing and sending potentially
voluminous collections of documents via certified mail. Finally,
electronic service is generally more reliable and less likely to result
in potential disputes over the timing of service or whether the
requirement to serve the Agency with an NOI was met, which would also
conserve public and Agency resources.
However, the proposed amendments also would provide that if
electronic service is not practicable, service of NOIs may be
accomplished via certified mail, accompanied by an explanation as to
why electronic service is not practicable. The EPA is proposing this
practicability exception to the electronic service requirement because
the Agency recognizes that there are persons that may have difficulty
accessing the internet or email. For those persons, the option for
certified mail may be more accessible, and the Agency is committed to
promoting and enabling public participation requirements for all
persons. Thus, while the EPA is proposing to broadly require electronic
service of NOIs for the reasons discussed in the prior paragraph, the
Agency would retain the pre-existing procedures via an exception with
the goal of ensuring that this change does not adversely impact persons
for which service by certified mail is more accessible.
IV. Statutory and Executive Orders Reviews
Additional information about these statutes and Executive Orders
can be found at <a href="https://www.epa.gov/laws-regulations/laws-and-executive-orders">https://www.epa.gov/laws-regulations/laws-and-executive-orders</a>.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action as defined in
Executive Order 12866, a therefore not subject to a requirement for
Executive Order 12866 review.
B. Executive Order 14192: Unleashing Prosperity Through Deregulation
This action is expected to be an Executive Order 14192 deregulatory
action. This proposed rule is expected to provide burden reduction by
providing for electronic service which is more convenient and less
costly than the existing process, which requires NOI submitters to bear
the costs of paper printing and sending voluminous collections of
documents via certified mail.
C. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA. This proposed rulemaking does not contain any information
collection requirements subject to OMB review under the Paperwork
Reduction Act of 1980 (44 U.S.C. 3501 et seq.).
D. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, the EPA concludes that the impact of concern
for this rulemaking is any significant adverse economic impact on small
entities and that the agency is certifying that this rulemaking will
not have a significant economic impact on a substantial number of small
entities because the rule has no net burden on the small entities
subject to the rule. This rulemaking has no net burden because it
merely revises the primary mechanism for providing notice of intent to
sue pursuant to existing citizen suit provisions. We have therefore
concluded that this action will have no net regulatory burden for all
directly regulated small entities.
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain an unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local or tribal governments or the private sector.
F. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175 because this action merely revises the primary
mechanism for providing notice of intent to sue pursuant to existing
citizen suit provisions. Thus, Executive Order 13175 does not apply to
this action.
H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that EPA has reason to believe may disproportionately affect children,
per the definition of ``covered regulatory action'' in section 2-202 of
the Executive Order. Therefore, this action is not subject to Executive
Order 13045 because it does not concern an environmental health risk or
safety risk. Since this action does not concern human health, the EPA's
Policy on Children's Health also does not apply.
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
J. National Technology Transfer and Advancement Act (NTTAA)
This rulemaking does not involve technical standards.
List of Subjects
40 CFR Part 54
Environmental protection, Administrative practice and procedure,
Air pollution control.
40 CFR Part 135
Environmental protection, Administrative practice and procedure,
Water pollution control.
40 CFR Part 210
Environmental protection, Administrative practice and procedure,
Noise control.
40 CFR Part 254
Environmental protection, Administrative practice and procedure,
Waste treatment and disposal.
40 CFR Part 374
Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Hazardous waste, Natural
resources, Superfund, Water pollution control, Water supply.
[[Page 8813]]
40 CFR Part 702
Environmental protection, Administrative practice and procedure,
Chemicals, Hazardous substances.
Lee Zeldin,
Administrator.
For the reasons set forth in the preamble, EPA proposes to amend
title 40, chapter I of the Code of Federal Regulations as follows:
PART 54--PRIOR NOTICE OF CITIZEN SUITS
0
1. The authority citation for part 54 continues to read as follows:
Authority: Sec. 304 of the Clean Air Act, as amended (sec. 12,
Pub. L. 91-604, 84 Stat. 1706).
0
2. Amend Sec. 54.2 by revising paragraphs (a) and (d) to read as
follows:
Sec. 54.2 Service of notice.
(a) Notice to Administrator: Service of notice given to the
Administrator under this part shall be accomplished electronically via
the procedure identified at <a href="http://www.epa.gov/ogc">www.epa.gov/ogc</a>. If electronic service is
not practicable, service of notice may be accomplished via certified
mail addressed to the Administrator, c/o Office of General Counsel, Air
and Radiation Law Office (mail code 2344A), Environmental Protection
Agency, Attn: Service of Notice, 1200 Pennsylvania Avenue NW,
Washington, DC 20460. Service by mail shall be accompanied by an
explanation as to why electronic service is impracticable. Where notice
relates to violation of an emission standard or limitation or to
violation of an order issued with respect to an emission standard or
limitation, a copy of such notice shall be sent electronically to the
Regional Administrator of the Environmental Protection Agency for the
Region in which such violation is alleged to have occurred via the
procedure identified at <a href="http://www.epa.gov/ogc">www.epa.gov/ogc</a>. If electronic service is not
practicable, service of notice may be accomplished via certified mail.
Service by mail shall be accompanied by an explanation as to why
electronic service is impracticable.
* * * * *
(d) Notice served in accordance with the provisions of this part
shall be deemed given on the electronic date stamp if served
electronically. If service was accomplished by mail, the date of
receipt will be deemed to be the date noted on the return receipt card.
PART 135--PRIOR NOTICE OF CITIZEN SUITS
0
3. The authority citation for part 135 continues to read as follows:
Authority: Subpart A, issued under Sec. 505, Clean Water Act, as
amended 1987; Sec. 504, Pub. L. 100-4; 101 Stat. 7 (33 U.S.C. 1365).
Subpart B, issued under Sec. 1449, Safe Drinking Water Act (42
U.S.C. 300j-8).
0
4. Revise Sec. 135.2 to read as follows:
Sec. 135.2 Service of notice.
(a) Notice of intent to file suit pursuant to section 505(a)(1) of
the Act shall be served upon an alleged violator of an effluent
standard or limitation under the Act, or an order issued by the
Administrator or a State with respect to such a standard or limitation,
in the following manner:
(1) If the alleged violator is an individual or corporation,
service of notice shall be accomplished by certified mail addressed to,
or by personal service upon, the owner or managing agent of the
building, plant, installation, vessel, facility, or activity alleged to
be in violation. A copy of the notice shall be provided electronically
to the Administrator of the Environmental Protection Agency and to the
Regional Administrator (for the Region in which such violation is
alleged to have occurred) as prescribed at <a href="http://www.epa.gov/ogc">www.epa.gov/ogc</a>. If
electronic service is not practicable, copies of the notice may be
provided via certified mail with return receipt requested, addressed to
the Administrator, c/o Office of General Counsel, Water Law Office
(2355A), Environmental Protection Agency, Attn: Service of Notice, 1200
Pennsylvania Avenue NW, Washington, DC 20460, and to the Regional
Administrator (for the Region in which the violation is alleged to have
occurred). Service by mail shall be accompanied by an explanation as to
why electronic service is impracticable. A copy of such notice also
shall be mailed to the chief administrative officer of the water
pollution control agency for the State in which the violation is
alleged to have occurred. If the alleged violator is a corporation, a
copy of such notice also shall be mailed to the registered agent, if
any, of such corporation in the State in which such violation is
alleged to have occurred.
(2) If the alleged violator is a State or local agency, service of
notice shall be accomplished by certified mail addressed to, or by
personal service upon, the head of such agency. A copy of the notice
shall be provided electronically to the Administrator of the
Environmental Protection Agency and to the Regional Administrator (for
the Region in which such violation is alleged to have occurred) as
prescribed at <a href="http://www.epa.gov/ogc">www.epa.gov/ogc</a>. If electronic service is not
practicable, service of notice may be accomplished via certified mail
with return receipt requested, addressed to the Administrator, c/o
Office of General Counsel, Water Law Office (2355A), Environmental
Protection Agency, Attn: Service of Notice, 1200 Pennsylvania Avenue
NW, Washington, DC 20460, and to the Regional Administrator (for the
Region in which such violation is alleged to have occurred). Service by
mail shall be accompanied by an explanation as to why electronic
service is impracticable. A copy of such notice shall be mailed to the
chief administrative officer of the water pollution control agency for
the State in which the violation is alleged to have occurred.
(3) If the alleged violator is a Federal agency, service of notice
shall be accomplished by certified mail addressed to, or by personal
service upon, the head of such agency. A copy of such notice shall be
provided electronically to the Administrator of the Environmental
Protection Agency and to the Regional Administrator (for the Region in
which such violation is alleged to have occurred) as prescribed at
<a href="http://www.epa.gov/ogc">www.epa.gov/ogc</a>. If electronic service is not practicable, service of
notice may be accomplished via certified mail with return receipt
requested, addressed to the Administrator, c/o Office of General
Counsel, Water Law Office (2355A), Environmental Protection Agency,
Attn: Service of Notice, 1200 Pennsylvania Avenue NW, Washington, DC
20460, and to the Regional Administrator (for the Region in which the
violation is alleged to have occurred). Service by mail shall be
accompanied by an explanation as to why electronic service is
impracticable. A copy of such notice shall be mailed to the Attorney
General of the United States, and the Chief administrative officer of
the water pollution control agency for the State in which the violation
is alleged to have occurred.
(b) Service of notice of intent to file suit pursuant to section
505(a)(2) of the Act shall be provided electronically to the
Administrator of the Environmental Protection Agency as prescribed at
<a href="http://www.epa.gov/ogc">www.epa.gov/ogc</a>. If electronic service is not practicable, service of
notice may be accomplished via certified mail with return receipt
requested, addressed to the Administrator, c/o Office of General
Counsel, Water Law Office (2355A), Environmental Protection Agency,
Attn: Service of Notice, 1200 Pennsylvania Avenue NW, Washington, DC
20460. Service by mail shall be accompanied
[[Page 8814]]
by an explanation as to why electronic service is impracticable. A copy
of such notice shall be mailed to the Attorney General of the United
States.
(c) Notice given in accordance with the provisions of this subpart
shall be deemed to have been served on the postmark date if mailed or
on the date of receipt if served personally. If service was
accomplished electronically, the date of receipt will be deemed to be
the date of the electronic date stamp.
0
5. Revise Sec. 135.11 to read as follows:
Sec. 135.11 Service of notice.
(a) Notice of intent to file suit pursuant to section 1449(a)(1) of
the Act shall be served in the following manner upon an alleged
violator of any requirement prescribed by or under the Act:
(1) If the alleged violator is an individual or corporation,
service of notice shall be accomplished by certified mail, return
receipt requested, addressed to, or by personal service upon, such
individual or corporation. If a public water system or underground
injection well is alleged to be in violation, service shall be upon the
owner or operator. A copy of the notice shall be provided
electronically to the Administrator of the Environmental Protection
Agency and to the Regional Administrator (for the Region in which such
violation is alleged to have occurred) as prescribed at <a href="http://www.epa.gov/ogc">www.epa.gov/ogc</a>. If electronic service is not practicable, service of notice may be
accomplished via certified mail with return receipt requested,
addressed to the Administrator, c/o Office of General Counsel, Water
Law Office (2355A), Environmental Protection Agency, Attn: Service of
Notice, 1200 Pennsylvania Avenue NW, Washington, DC 20460, and to the
Regional Administrator (for the Region in which such violation is
alleged to have occurred). Service by mail shall be accompanied by an
explanation as to why electronic service is impracticable. A copy of
such notice also shall be mailed to the chief administrative officer of
the responsible state agency (if any), and the Attorney General for the
State in which the violation is alleged to have occurred. If the
alleged violator is a corporation, a copy of the notice shall also be
sent by certified mail, return receipt requested, to the registered
agent (if any) of the corporation in the State in which the violation
is alleged to have occurred.
(2) If the alleged violator is a State or local agency, service of
notice shall be accomplished by certified mail, return receipt
requested, addressed to, or by personal service upon, the head of such
agency. A copy of the notice shall be provided electronically to the
Administrator of the Environmental Protection Agency and to the
Regional Administrator (for the Region in which such violation is
alleged to have occurred) as prescribed at <a href="http://www.epa.gov/ogc">www.epa.gov/ogc</a>. If
electronic service is not practicable, service of notice may be
accomplished via certified mail with return receipt requested,
addressed to the Administrator, c/o Office of General Counsel, Water
Law Office (2355A), Environmental Protection Agency, Attn: Service of
Notice, 1200 Pennsylvania Avenue NW, Washington, DC 20460, and to the
Regional Administrator (for the Region in which such violation is
alleged to have occurred). Service by mail shall be accompanied by an
explanation as to why electronic service is impracticable. A copy of
such notice also shall be mailed to the chief administrative officer of
the responsible state agency (if any), and the Attorney General for the
State in which the violation is alleged to have occurred.
(3) If the alleged violator is a Federal agency, service of notice
shall be accomplished by certified mail, return receipt requested,
addressed to, or by personal service upon, the head of the Federal
agency. A copy of the notice shall be provided electronically to the
Administrator of the Environmental Protection Agency and to the
Regional Administrator (for the Region in which such violation is
alleged to have occurred) as prescribed at <a href="http://www.epa.gov/ogc">www.epa.gov/ogc</a>. If
electronic service is not practicable, service of notice may be
accomplished via certified mail with return receipt requested,
addressed to the Administrator, c/o Office of General Counsel, Water
Law Office (2355A), Environmental Protection Agency, Attn: Service of
Notice, 1200 Pennsylvania Avenue NW, Washington, DC 20460, and to the
Regional Administrator (for the Region in which such violation is
alleged to have occurred). Service by mail shall be accompanied by an
explanation as to why electronic service is impracticable. A copy of
such notice also shall be mailed to the Attorney General of the United
States, the chief administrative officer of the responsible state
agency (if any), and the Attorney General for the State in which the
violation is alleged to have occurred.
(b) Service of notice of intent to file suit pursuant to section
1449(a)(2) of the Act shall be provided electronically to the
Administrator of the Environmental Protection Agency as prescribed at
<a href="http://www.epa.gov/ogc">www.epa.gov/ogc</a>. If electronic service is not practicable, service of
notice may be accomplished via certified mail with return receipt
requested, addressed to the Administrator, c/o Office of General
Counsel, Water Law Office (2355A), Environmental Protection Agency,
Attn: Service of Notice, 1200 Pennsylvania Avenue NW, Washington, DC
20460. Service by mail shall be accompanied by an explanation as to why
electronic service is impracticable. A copy of the notice shall be sent
by certified mail to the Attorney General of the United States.
(c) Notice given in accordance with the provisions of this subpart
shall be deemed to have been given on the date of receipt of service,
if served personally. If service was accomplished by mail, the date of
receipt will be considered to be the date noted on the return receipt
card. If service was accomplished electronically, the date of receipt
will be deemed to be the date of the electronic date stamp.
PART 210--PRIOR NOTICE OF CITIZEN SUITS
0
6. The authority citation for part 210 continues to read as follows:
Authority: Sec. 12, Noise Control Act, (Pub. L. 92-574, 86 Stat.
1234).
0
7. Revise Sec. 210.2 to read as follows:
Sec. 210.2 Service of notice.
(a) Notice of intent to file suit pursuant to section 12(a)(1) of
the Act shall be served upon an alleged violator of a noise control
requirement issued under the Act in the following manner:
(1) If the alleged violator is a private individual or a
corporation, service of notice shall be accomplished by registered
mail, return receipt requested, addressed to, or by personal service
upon, the owner or managing agent of the equipment, plant, facility,
vehicle, or activity alleged to be in violation. A copy of the notice
shall be sent electronically to both the Administrator of the
Environmental Protection Agency and the Regional Administrator of the
Environmental Protection Agency for the region in which such violation
is alleged to have occurred via the procedure identified at
<a href="http://www.epa.gov/ogc">www.epa.gov/ogc</a>. If electronic service is not practicable, service of
notice may be accomplished via certified mail mailed to the
Administrator, c/o Office of General Counsel, Air and Radiation Law
Office (mail code 2344A), Environmental Protection Agency, Attn:
Service of Notice, 1200 Pennsylvania Avenue NW, Washington, DC 20460,
and to the Regional Administrator of the Environmental Protection
Agency for the Region in which such violation is alleged to have
occurred. Such service by mail shall be accompanied by an explanation
as to why electronic service is impracticable. In the case of a
[[Page 8815]]
violation of a noise control requirement under section 611 of the
Federal Aviation Act, a copy of such notice shall also be mailed to the
Administrator of the Federal Aviation Administration, and the Regional
Administrator of the Federal Aviation Administration for the region in
which such violation is alleged to have occurred. If the alleged
violator is a corporation, a copy of such notice also shall be mailed
to the registered agent, if any, of such corporation in the State in
which such violation is alleged to have occurred.
(2) If the alleged violator is a State or local government entity,
service of notice shall be accomplished by registered mail, return
receipt requested, addressed to, or by personal service upon, the head
of such agency. A copy of such notice shall be sent electronically to
both the Administrator of the Environmental Protection Agency and the
Regional Administrator of the Environmental Protection Agency for the
region in which such violation is alleged to have occurred via the
procedure identified at <a href="http://www.epa.gov/ogc">www.epa.gov/ogc</a>. If electronic service is not
practicable, service of notice may be accomplished via certified mail
mailed to the Administrator, c/o Office of General Counsel, Air and
Radiation Law Office (mail code 2344A), Environmental Protection
Agency, Attn: Service of Notice, 1200 Pennsylvania Avenue NW,
Washington, DC 20460, and to the Regional Administrator of the
Environmental Protection Agency for the Region in which such violation
is alleged to have occurred. Such service by mail shall be accompanied
by an explanation as to why electronic service is impracticable. In the
case of a violation of a noise control requirement under section 611 of
the Federal Aviation Act, a copy of such notice shall also be mailed to
the Administrator of the Federal Aviation Administration, and the
Regional Administrator of the Federal Aviation Administration for the
region in which such violation is alleged to have occurred.
(3) If the alleged violator is a Federal agency, service of notice
shall be accomplished by registered mail, return receipt requested,
addressed to, or by personal service upon, the head of such agency. A
copy of such notice shall be sent electronically to both the
Administrator of the Environmental Protection Agency and the Regional
Administrator of the Environmental Protection Agency for the region in
which such violation is alleged to have occurred via the procedure
identified at <a href="http://www.epa.gov/ogc">www.epa.gov/ogc</a>. If electronic service is not
practicable, service of notice may be accomplished via certified mail
mailed to the Administrator, c/o Office of General Counsel, Air and
Radiation Law Office (mail code 2344A), Environmental Protection
Agency, Attn: Service of Notice, 1200 Pennsylvania Avenue NW,
Washington, DC 20460, and to the Regional Administrator of the
Environmental Protection Agency for the Region in which such violation
is alleged to have occurred. Such service by mail shall be accompanied
by an explanation as to why electronic service is impracticable. A copy
of such notice shall also be mailed to the Attorney General of the
United States; and in the case of a violation of a noise control
requirement under section 611 of the Federal Aviation Act, to the
Administrator of the Federal Aviation Administration, and the Regional
Administrator of the Federal Aviation Administration for the region in
which such violation is alleged to have occurred.
(b) Service of notice of intent to file suit pursuant to section
12(a)(2)(A) of the Act upon the Administrator of the Environmental
Protection Agency shall be accomplished electronically via the
procedure identified at <a href="http://www.epa.gov/ogc">www.epa.gov/ogc</a>. If electronic service is not
practicable, service of notice may be accomplished via certified mail
addressed to the Administrator, c/o Office of General Counsel, Air and
Radiation Law Office (mail code 2344A), Environmental Protection
Agency, Attn: Service of Notice, 1200 Pennsylvania Avenue NW,
Washington, DC 20460. Such service by mail shall be accompanied by an
explanation as to why electronic service is impracticable A copy of
such notice shall be mailed to the Attorney General of the United
States.
(c) Service of notice of intent to file suit pursuant to section
12(a)(2)(B) of the Act shall be accomplished by registered mail, return
receipt requested, addressed to, or by personal service upon, the
Administrator, Federal Aviation Administration, Washington, DC. A copy
of such notice shall be mailed to the Attorney General of the United
States. A copy of such notice shall also be sent electronically via the
procedure identified at <a href="http://www.epa.gov/ogc">www.epa.gov/ogc</a> to the Administrator of the
Environmental Protection Agency. If electronic service is not
practicable, service of notice to the Administrator of the
Environmental Protection Agency may be accomplished via certified mail
addressed to the Administrator, c/o Office of General Counsel, Air and
Radiation Law Office (mail code 2344A), Environmental Protection
Agency, Attn: Service of Notice, 1200 Pennsylvania Avenue NW,
Washington, DC 20460. Such service by mail shall be accompanied by an
explanation as to why electronic service is impracticable.
(d) Notice given in accordance with the provisions of this part
shall be deemed to have been served on the date of receipt. If service
was accomplished electronically, the date of receipt will be deemed to
be the date of the electronic date stamp. If service was accomplished
by mail, the date of receipt will be deemed to be the date noted on the
return receipt card.
PART 254--PRIOR NOTICE OF CITIZEN SUITS
0
8. The authority citation for part 210 continues to read as follows:
Authority: Sec. 7002, Pub. L. 94-580, 90 Stat. 2825 (42 U.S.C.
6972).
0
9. Revise Sec. 254.2 to read as follows:
Sec. 254.2 Service of notice.
(a) Notice of intent to file suit under subsection 7002(a)(1) of
the Act shall be served upon an alleged violator of any permit,
standard, regulation, condition, requirement, or order which has become
effective under this Act in the following manner:
(1) If the alleged violator is a private individual or corporation,
service of notice shall be accomplished by registered mail, return
receipt requested, addressed to, or by personal service upon, the owner
or site manager of the building, plant, installation, or facility
alleged to be in violation. A copy of the notice shall be provided
electronically to both the Administrator of the Environmental
Protection Agency and the Regional Administrator of the Environmental
Protection Agency for the Region in which the violation is alleged to
have occurred via the procedure identified at <a href="http://www.epa.gov/ogc">www.epa.gov/ogc</a>. If
electronic service is not practicable, service of notice may be
accomplished via certified mail addressed to the Administrator, c/o
Office of General Counsel, Solid Waste and Emergency Response Law
Office, Environmental Protection Agency, Attn: Service of Notice, 1200
Pennsylvania Avenue NW, Washington, DC 20460, and addressed to the
Regional Administrator of the Environmental Protection Agency for the
Region in which the violation is alleged to have occurred. Such service
by mail shall be accompanied by an explanation as to why electronic
service is impracticable. A copy of the notice shall be mailed to the
chief administrative officer of the solid waste management agency for
the State in which the violation is alleged to have occurred. If the
alleged violator is a corporation, a copy of the notice
[[Page 8816]]
shall also be mailed to the registered agent, if any, of that
corporation in the State in which such violation is alleged to have
occurred.
(2) If the alleged violator is a State or local agency, service of
notice shall be accomplished by registered mail, return receipt
requested, addressed to, or by personal service upon, the head of that
agency. A copy of the notice shall be provided electronically to both
the Administrator of the Environmental Protection Agency and the
Regional Administrator of the Environmental Protection Agency for the
Region in which the violation is alleged to have occurred via the
procedure identified at <a href="http://www.epa.gov/ogc">www.epa.gov/ogc</a>. If electronic service is not
practicable, service of notice may be accomplished via certified mail
addressed to the Administrator, c/o Office of General Counsel, Solid
Waste and Emergency Response Law Office, Environmental Protection
Agency, Attn: Service of Notice, 1200 Pennsylvania Avenue NW,
Washington, DC 20460, and addressed to the Regional Administrator of
the Environmental Protection Agency for the Region in which the
violation is alleged to have occurred. Such service by mail shall be
accompanied by an explanation as to why electronic service is
impracticable. A copy of the notice shall be mailed to the chief
administrator of the solid waste management agency for the State in
which the violation is alleged to have occurred.
(3) If the alleged violator is a Federal agency, service of notice
shall be accomplished by registered mail, return receipt requested,
addressed to, or by personal service upon, the head of the agency. A
copy of the notice shall be provided electronically to both the
Administrator of the Environmental Protection Agency and the Regional
Administrator of the Environmental Protection Agency for the Region in
which the violation is alleged to have occurred via the procedure
identified at <a href="http://www.epa.gov/ogc">www.epa.gov/ogc</a>. If electronic service is not
practicable, service of notice may be accomplished via certified mail
addressed to the Administrator, c/o Office of General Counsel, Solid
Waste and Emergency Response Law Office, Environmental Protection
Agency, Attn: Service of Notice, 1200 Pennsylvania Avenue NW,
Washington, DC 20460, and addressed to the Regional Administrator of
the Environmental Protection Agency for the Region in which the
violation is alleged to have occurred. Such service by mail shall be
accompanied by an explanation as to why electronic service is
impracticable. A copy of the notice shall be mailed to the Attorney
General of the United States, and the chief administrative officer of
the solid waste management agency for the State in which the violation
is alleged to have occurred.
(b) Service of notice of intent to file suit under subsection
7002(a)(2) of the Act shall be served upon the Administrator of the
Environmental Protection Agency electronically via the procedure
identified at <a href="http://www.epa.gov/ogc">www.epa.gov/ogc</a>. If electronic service is not
practicable, service of notice may be accomplished via certified mail
addressed to the Administrator, c/o Office of General Counsel, Solid
Waste and Emergency Response Law Office, Environmental Protection
Agency, Attn: Service of Notice, 1200 Pennsylvania Avenue NW,
Washington, DC 20460. Such service by mail shall be accompanied by an
explanation as to why electronic service is impracticable. A copy of
the notice shall be mailed to the Attorney General of the United
States.
(c) Notice given in accordance with the provisions of this part
shall be considered to have been served on the date of receipt. If
service was accomplished by mail, the date of receipt will be
considered to be the date noted on the return receipt card. If service
was accomplished electronically, the date of receipt will be deemed to
be the date of the electronic date stamp.
PART 374--PRIOR NOTICE OF CITIZEN SUITS
0
10. The authority citation for part 374 continues to read as follows:
Authority: 42 U.S.C. 9659.
0
11. Revise Sec. 374.2 to read as follows:
Sec. 374.2 Service of notice.
(a) Violation of standard, regulation, condition, requirement, or
order. Notice of intent to file suit under subsection 310(a)(1) of the
Act shall be served by personal service upon, or by certified mail,
return receipt requested, addressed to the alleged violator of any
standard, regulation, condition, requirement, or order which has become
effective pursuant to this Act in the following manner:
(1) If the alleged violator is a private individual or corporation,
notice shall be served by personal service upon, or by certified mail,
return receipt requested, addressed to the person alleged to be in
violation. If the alleged violator is a corporation, a copy of the
notice shall also be served by personal service upon or by certified
mail, return receipt requested, addressed to the registered agent, if
any, of that corporation in the State in which the violation is alleged
to have occurred. A copy of the notice shall be served by personal
service upon or by certified mail, return receipt requested, addressed
to the United States Attorney General; to the Attorney General of the
State in which the violation is alleged to have occurred; and to the
head of the Federal agency with delegated responsibility for the CERCLA
provision allegedly violated, pursuant to Executive Order 12580, 3 CFR,
1987 Comp., p. 193, as amended by Executive Order 12777, 3 CFR, 1991
Comp., p. 351. If the Environmental Protection Agency has
responsibility for the CERCLA provision allegedly violated, then a copy
of the notice shall be provided electronically to both the
Administrator of the Environmental Protection Agency and the Regional
Administrator of the Environmental Protection Agency for the Region in
which the violation is alleged to have occurred via the procedure
identified at <a href="http://www.epa.gov/ogc">www.epa.gov/ogc</a>. If electronic service is not
practicable, service of notice may be accomplished via certified mail
addressed to the Administrator, c/o Office of General Counsel, Solid
Waste and Emergency Response Law Office, Environmental Protection
Agency, Attn: Service of Notice, 1200 Pennsylvania Avenue NW,
Washington, DC 20460, and addressed to the Regional Administrator of
the Environmental Protection Agency for the Region in which the
violation is alleged to have occurred. Such service by mail shall be
accompanied by an explanation as to why electronic service is
impracticable. A list of addresses that may be useful in providing
notice of citizen suits is provided at Sec. 374.6. Note that these
addresses are subject to change and must be verified prior to use.
(2) If the alleged violator is a State or local agency, notice
shall be served by personal service upon or by certified mail, return
receipt requested, addressed to the head of that agency. A copy of the
notice shall be served by personal service upon or by certified mail,
return receipt requested, addressed to the United States Attorney
General; to the Attorney General of the State in which the violation is
alleged to have occurred; and to the head of the Federal agency with
delegated responsibility, pursuant to Executive Order 12580, for the
CERCLA provision allegedly violated. If the Environmental Protection
Agency has the delegated responsibility for the CERCLA provision
allegedly violated, then a copy of the notice shall be provided
electronically to both the Administrator of the Environmental
Protection Agency and
[[Page 8817]]
the Regional Administrator of the Environmental Protection Agency for
the Region in which the violation is alleged to have occurred via the
procedure identified at <a href="http://www.epa.gov/ogc">www.epa.gov/ogc</a>. If electronic service is not
practicable, service of notice may be accomplished via certified mail
addressed to the Administrator, c/o Office of General Counsel, Solid
Waste and Emergency Response Law Office, Environmental Protection
Agency, Attn: Service of Notice, 1200 Pennsylvania Avenue NW,
Washington, DC 20460, and addressed to the Regional Administrator of
the Environmental Protection Agency for the Region in which the
violation is alleged to have occurred. Such service by mail shall be
accompanied by an explanation as to why electronic service is
impracticable. A list of addresses that may be useful in providing
notice of citizen suits is provided at Sec. 374.6. Note that these
addresses are subject to change and must be verified prior to use.
(3) If the alleged violator is a Federal agency, notice shall be
served by personal service upon or by certified mail, return receipt
requested, addressed to the head of the agency. A copy of the notice
shall be served by personal service upon or by certified mail, return
receipt requested, addressed to the United States Attorney General; to
the Attorney General of the State in which the violation is alleged to
have occurred; and to the head of the Federal agency with delegated
responsibility, pursuant to Executive Order 12580, for the CERCLA
provision allegedly violated. If the Environmental Protection Agency
has the delegated responsibility for the CERCLA provision allegedly
violated, then a copy of the notice shall be provided electronically to
both the Administrator of the Environmental Protection Agency and the
Regional Administrator of the Environmental Protection Agency for the
Region in which the violation is alleged to have occurred via the
procedure identified at <a href="http://www.epa.gov/ogc">www.epa.gov/ogc</a>. If electronic service is not
practicable, service of notice may be accomplished via certified mail
addressed to the Administrator, c/o Office of General Counsel, Solid
Waste and Emergency Response Law Office, Environmental Protection
Agency, Attn: Service of Notice, 1200 Pennsylvania Avenue NW,
Washington, DC 20460, and addressed to the Regional Administrator of
the Environmental Protection Agency for the Region in which the
violation is alleged to have occurred. Such service by mail shall be
accompanied by an explanation as to why electronic service is
impracticable. A list of addresses that may be useful in providing
notice of citizen suits is provided at Sec. 374.6. Note that these
addresses are subject to change and must be verified prior to use.
(b) Failure to act. Service of notice of intent to file suit under
subsection 310(a)(2) of the Act shall be accomplished by personal
service upon or by certified mail, return receipt requested, addressed
to the United States Attorney General and addressed to the head of the
agency of the United States (including the Administrator of the Agency
for Toxic Substances and Disease Registry), who is alleged to have
failed to perform an act or duty which is not discretionary. Service
upon the Administrator of the Environmental Protection Agency, if
required, shall be accomplished electronically via the procedure
identified at <a href="http://www.epa.gov/ogc">www.epa.gov/ogc</a>. If electronic service is not
practicable, service of notice may be accomplished via certified mail
addressed to the Administrator, c/o Office of General Counsel, Solid
Waste and Emergency Response Law Office, Environmental Protection
Agency, Attn: Service of Notice, 1200 Pennsylvania Avenue NW,
Washington, DC 20460. Such service by mail shall be accompanied by an
explanation as to why electronic service is impracticable.
(c) Date of service. Notice given in accordance with the provisions
of this part shall be considered to have been served on the date of
receipt. If notice or copy of notice is required to be served on more
than one entity, notice shall be considered to have been served on the
date of receipt by the last entity served. If service was accomplished
by mail, the date of receipt will be considered to be the date noted on
the return receipt card. If service was accomplished electronically,
the date of receipt will be deemed to be the date of the electronic
date stamp.
PART 702--GENERAL PRACTICES AND PROCEDURES
0
12. The authority citation for part 702 continues to read as follows:
Authority: 15 U.S.C. 2605 and 2619.
0
13. Amend Sec. 702.61 by
0
a. Removing paragraphs (b) and (c)(3); and
0
b. Redesignating paragraphs (c) and (d) as paragraphs (b) and (c), and
revising the newly redesignated paragraphs (b) and (c). The revisions
read as follows:
Sec. 702.61 Service of notice.
* * * * *
(b) Date of service. The effective date of service of a notice
given in accordance with this rule shall be the date of the return
receipt, if served by mail, or the date of receipt if personally
served. If service was accomplished electronically, the date of receipt
will be deemed to be the date of the electronic date stamp.
(c) Persons to be served and method of service--
(1) Violations of TSCA rules or TSCA order.
(i) If the alleged violator is a private individual or a
corporation, notice of intent to file suit shall be served on the
individual or the owner or managing agent of the plant, facility, or
activity alleged to be in violation. If the alleged violator is a
corporation, a copy of the notice shall also be sent to the registered
agent, if any, of such corporation in the State in which such violation
is alleged to have occurred. Notice can be either personally served or
served by certified mail--return receipt requested. A copy of the
notice shall be provided electronically to the Administrator of the
Environmental Protection Agency as prescribed at <a href="http://www.epa.gov/ogc">www.epa.gov/ogc</a>. If
electronic service is not practicable, service of notice may be
accomplished via certified mail with return receipt requested,
addressed to the Administrator, c/o Office of General Counsel,
Pesticides and Toxic Substances Law Office, Environmental Protection
Agency, Attn: Service of Notice, 1200 Pennsylvania Avenue NW,
Washington, DC 20460. Such service by mail shall be accompanied by an
explanation as to why electronic service is impracticable.
(ii) If the alleged violator is a State or local government entity,
notice of intent to file suit shall be served on the head of the
agency. Notice can be either personally served or served by certified
mail--return receipt requested. A copy of the notice shall be provided
electronically to the Administrator of the Environmental Protection
Agency as prescribed at <a href="http://www.epa.gov/ogc">www.epa.gov/ogc</a>. If electronic service is not
practicable, service of notice may be accomplished via certified mail
with return receipt requested, addressed to the Administrator, c/o
Office of General Counsel, Pesticides and Toxic Substances Law Office,
Environmental Protection Agency, Attn: Service of Notice, 1200
Pennsylvania Avenue NW, Washington, DC 20460. Such service by mail
shall be accompanied by an explanation as to why electronic service is
impracticable. A copy shall be mailed by certified mail--return receipt
requested to the Attorney General of the
[[Page 8818]]
United States at 10th and Constitution Avenue NW, Washington, DC 20530.
(iii) If the alleged violator is a Federal agency, notice of intent
to file suit shall be served on the head of the agency. Notice can be
either personally served or served by certified mail--return receipt
requested. A copy of the notice shall be provided electronically to the
Administrator of the Environmental Protection Agency as prescribed at
<a href="http://www.epa.gov/ogc">www.epa.gov/ogc</a>. If electronic service is not practicable, service of
notice may be accomplished via certified mail with return receipt
requested, addressed to the Administrator, c/o Office of General
Counsel, Pesticides and Toxic Substances Law Office, Environmental
Protection Agency, Attn: Service of Notice, 1200 Pennsylvania Avenue
NW, Washington, DC 20460. Such service by mail shall be accompanied by
an explanation as to why electronic service is impracticable. A copy
shall be mailed by certified mail--return receipt requested to the
Attorney General of the United States at 10th and Constitution Avenue
NW, Washington, DC 20530.
(2) Performance of non-discretionary TSCA acts or duties. Notice of
intent to file suit shall be provided electronically to the
Administrator of the Environmental Protection Agency as prescribed at
<a href="http://www.epa.gov/ogc">www.epa.gov/ogc</a>. If electronic service is not practicable, service of
notice may be accomplished via certified mail with return receipt
requested, addressed to the Administrator, c/o Office of General
Counsel, Pesticides and Toxic Substances Law Office, Environmental
Protection Agency, Attn: Service of Notice, 1200 Pennsylvania Avenue
NW, Washington, DC 20460. Such service by mail shall be accompanied by
an explanation as to why electronic service is impracticable. A copy
shall be mailed by certified mail--return receipt requested to the
Attorney General of the United States, at 10th and Constitution Avenue
NW, Washington, DC 20530.
[FR Doc. 2026-03646 Filed 2-23-26; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on February 24, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.