[Code of Federal Regulations]
[Title 40, Volume 28]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR702.61]

[Page 8]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 702--GENERAL PRACTICES AND PROCEDURES--Table of Contents
 
                         Subpart C--Citizen Suit
 
Sec. 702.61  Service of notice.

    (a) Notice as a prerequisite to suit. Under section 20 of TSCA, no 
civil action may be commenced by a citizen to restrain a violation of 
TSCA, or a rule or order thereunder, unless at least 60 days in advance 
the citizen has given notice of the intent to file suit to the 
Administrator and to the person who is alleged to have committed the 
violation. No civil action may be commenced by a citizen to compel the 
Administrator to perform any non-discretionary act or duty under TSCA, 
unless at least 60 days in advance the citizen has given notice of the 
intent to file suit to the Administrator. However, in the case of an 
alleged failure by the Administrator to file an action under section 7 
of TSCA, the citizen must give notice to the Administrator only 10 days 
in advance of filing the civil action.
    (b) Method of service. Notice of intent to file suit can be either 
personally served or served by certified mail--return receipt requested-
-to persons identified in paragraph (d) of this section.
    (c) 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.
    (d) Persons to be served--(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 shall also be served on the 
Administrator of the EPA.
    (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 shall also be served on the Administrator of the EPA, and a copy 
shall be sent to the Attorney General of the United States.
    (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 shall 
also be served on the Administrator of the EPA, and a copy shall be sent 
to the Attorney General of the United States.
    (2) Performance of non-discretionary TSCA acts or duties. Notice of 
intent to file suit shall be served on the Administrator of the EPA and 
a copy shall be sent to the Attorney General of the United States.
    (3) Address of persons to be served. (i) EPA Administrator: 1200 
Pennsylvania Ave., NW., Washington, DC 20460. (ii) Attorney General of 
the United States: 10th and Constitution Avenue, NW., Washington, DC 
20530.