40 C.F.R. § 54.2

Service of notice

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(a) Notice to Administrator: Service of notice given to the Administrator under this part shall be accomplished by certified mail addressed to the Administrator, Environmental Protection Agency, Washington, DC 20460. 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 mailed to the Regional Administrator of the Environmental Protection Agency for the Region in which such violation is alleged to have occurred.

(b) Notice to State: Service of notice given to a State under this part regarding violation of an emission standard or limitation, or an order issued with respect to an emission standard or limitation shall be accomplished by certified mail addressed to an authorized representative of the State agency charged with responsibility for air pollution control in the State. A copy of such notice shall be mailed to the Governor of the State.

(c) Notice to alleged violator: Service of notice given to an alleged violator under this part shall be accomplished by certified mail addressed to, or by personal service upon, the owner or managing agent of the building, plant, installation, or facility alleged to be in violation of an emission standard or limitation, or an order issued with respect to an emission standard or limitation. Where the alleged violator is a corporation, a copy of such notice shall be sent by certified mail to the registered agent, if any, of such corporation in the State in which such violation is alleged to have occurred.

(d) Notice served in accordance with the provisions of this part shall be deemed given on the postmark date, if served by mail, or on the date of receipt, if personally served.

Notes of Decisions

Cited in 8 cases (2 in the last 5 years), 1973–2024 · leading case: Friends of the Earth v. Hugh Carey, 535 F.2d 165 (2d Cir. 1976).

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Friends of the Earth v. Hugh Carey, 535 F.2d 165 (2d Cir. 1976). “See 40 C.F.R. § 54.2 . 23 . As noted previously, the EPA on January 8, 1975, cited the State for violations of these four strategies.”

Sierra Club v. Tri-State Generation & Transmission Ass'n, 173 F.R.D. 275 (D. Colo. 1997). “40 C.F.R. § 54.2 (1996). The regulations further provide: (a) Failure to act.”

United States Steel Corp. v. Fri, 364 F. Supp. 1013 (N.D. Ind. 1973). “The manner of notice specified in 40 C. F.R. § 54.2(a) has been satisfied here by service of the complaint.”

Sierra Club v. Pruitt, 280 F. Supp. 3d 1 (D.D.C. 2017). “§ 7604 (b)(2); 40 C.F.R. §§ 54.2 , 54.3. Sierra Club filed its Complaint on May 15, 2017.”

Sierra Club v. Entergy Arkansas Inc (E.D. Ark. 2019). “§ 7604 (b) and 40 C.F.R. § 54.2 (Id., ¶ 4). A. NAAQS Requirements The NAAQS are regulated and enforced by a variety of federal and state statutes and regulations.”

Sierra Club v. Entergy Arkansas Inc (E.D. Ark. 2020). “§ 7604 (b) and 40 C.F.R. § 54.2 (Id., ¶ 4). A. NAAQS Requirements The NAAQS are regulated and enforced by a variety of federal and state statutes and regulations.”

Dancer v. United States of Am. (W.D. Mich. 2024). “See also 40 C.F.R. § 54.2 (a) (requiring service of notice by certified mail to the Administrator of the EPA in Washington, D.”

Graves, Esq v. Foulger-Pratt Companies, LLC (E.D. Va. 2023). “” 40 C.F.R. § 54.2 (a). The TSCA’s implementing regulations provides that a citizen’s notice of intent to file suit “can either be personally served or served by certified mail – return receipt requested[.”

— 40 C.F.R. § 54.2(a) — 1 case

United States Steel Corp. v. Fri, 364 F. Supp. 1013 (N.D. Ind. 1973). “The manner of notice specified in 40 C. F.R. § 54.2(a) has been satisfied here by service of the complaint.”

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