[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR210.2]

[Page 168]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 210--PRIOR NOTICE OF CITIZEN SUITS--Table of Contents
 
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 
mailed to the Administrator of the Environmental Protection Agency, the 
Regional Administrator of the Environmental Protection Agency for the 
region in which such violation is alleged to have occurred; 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. 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 mailed to the 
Administrator of the Environmental Protection Agency, the Regional 
Administrator of the Environmental Protection Agency for the region in 
which such violation is alleged to have occurred; 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.
    (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 mailed to the Administrator of the 
Environmental Protection Agency, the Regional Administrator of the 
Environmental Protection Agency for the region in which such violation 
is alleged to have occurred, 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 shall be accomplished by registered mail, return 
receipt requested, addressed to, or by personal service upon, the 
Administrator, Environmental Protection Agency, Washington, DC 20460. 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, and to the Administrator of the Environmental Protection Agency.
    (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 by mail, the date of receipt will be deemed to be the 
date noted on the return receipt card.