C.F.R. » Title 40 » CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY › SUBCHAPTER C—AIR PROGRAMS › PART 54—PRIOR NOTICE OF CITIZEN SUITS

40 C.F.R. § 54.3

Contents of notice

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(a) Failure to act. Notice regarding a failure of the Administrator to perform an act or duty which is not discretionary shall identify the provisions of the Act which requires such act or creates such duty, shall describe with reasonable specificity the action taken or not taken by the Administrator which is claimed to constitute a failure to perform such act or duty, and shall state the full name and address of the person giving the notice.

(b) Violation of standard, limitation or order. Notices to the Administrator, States, and alleged violators regarding violation of an emission standard or limitation or an order issued with respect to an emission standard or limitation, shall include sufficient information to permit the recipient to identify the specific standard, limitation, or order which has allegedly been violated, the activity alleged to be in violation, the person or persons responsible for the alleged violation, the location of the alleged violation, the date or dates of such violation, and the full name and address of the person giving the notice.

Notes of Decisions
Cited in 28 cases (1 in the last 5 years), 1977–2025 · leading case: National Parks & Conservation Ass'n v. Tennessee Valley Authority
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National Parks & Conservation Ass'n v. Tennessee Valley Authority (2007) ca11 · cites it 3× “40 C.F.R. § 54.3 (b) (2004). National Parks’ notice letter alleged violations at ten of TVA’s coal-fired power plants in Tennessee, Alabama, and Kentucky.”
Sierra Club v. Tri-State Generation & Transmission Ass'n (1997) cod · cites it 3× “Notices to the Administrator, States, and alleged violators regarding violation of an emission standard or limitation or an order issued with respect to an emission standard or limitation, shall include sufficient information to permit the recipient to identify the specific…”
Sweat v. Hull (2001) azd · cites it 4× “The parties do not dispute that the sufficiency of Plaintiffs notice under § 7604(b) depends upon an application of 40 C.F.R. § 54.3 (b), which provides: Notices to the Administrator, States, and alleged violators regarding violation of an emission standard or limitation or an…”
Conservation Law Foundation v. PSNH (2013) nhd · cites it 5× “§ 7604 (b); 40 C.F.R. § 54.3 . It also sent copies of the notice to the Environmental Protection Agency, the New Hampshire Department of Environmental Services, and the governor of New Hampshire, as required by the CAA.”
Glazer v. American Ecology Environmental Services Corp. (1995) txed · cites it 3× “Defendant Gibraltar additionally claims that the plaintiffs’ notices are inadequate under 40 C.F.R. § 54.3 (b). Section 54.3(b) states, in relevant part, Notices to the Administrator, States, and alleged violators regarding violation of an emission standard or limitation or an…”
Sierra Club v. Portland General Electric Co. (2009) ord · cites it 3× “40 C.F.R. § 54.3 (b). “The giving of a sixty-day notice is not simply a desideratum; it is a jurisdictional requirement.”
Kingman Park Civic Association v. Gray (2014) dcd “Such notice must include: sufficient information to permit the recipient to identify the specific standard, limitation, or order which has allegedly been violated, the activity -alleged to be in violation, the person or persons responsible -for the alleged violation, the…”
United States Environmental Protection Agency Ex Rel. McKeown v. Port Authority of New York & New Jersey (2001) nysd “40 C.F.R. § 54.3 (b). The CWA requires that Notice regarding an alleged violation of an effluent standard or limitation or of an order with respect thereto, shall include sufficient information to permit the recipient to identify the specific standard, limitation, or order…”
Center for Biological Diversity v. United States Environmental Protection Agency (2011) dcd · cites it 2× “” 40 C.F.R. § 54.3 (a). Here, plaintiffs have done both.”
Consolidated Environmental Management, Inc. v. Zen-Noh Grain Corp. (2013) laed · cites it 3× “40 C.F.R. § 54.3 (b). Although “the notice requirement does not demand that a citizen plaintiff “list every specific aspect or detail of every alleged violation,” it must provide enough information to permit the defendant to identify the standards allegedly violated and the…”
National Parks Conservation Ass'n v. Tennessee Valley Authority (2001) tned “shall include sufficient information to permit the recipient to identify the specific standard, limitation, or order which has allegedly been violated, the activity alleged to be in violation, the person or persons responsible for the alleged violation, the location of the…”
City of Biddeford v. Maine Energy Recovery Co., LP (2004) med · cites it 4× “40 C.F.R. § 54.3 (b). The parties agree, Opposition at 2, Plaintiffs Reply to Defendant’s Objection to Plaintiffs Motion for Leave to File Second Amended Complaint, etc.”
Show all 28 citing cases →
— 40 C.F.R. § 54.3(b) — 2 cases
Save Our Health Organization v. Recomp Of Minnesota, Inc. (1994) ca8
Save Our Health Organization v. Recomp of Minnesota, Inc. (1994) ca8
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