PART 374—PRIOR NOTICE OF CITIZEN SUITS Authority: 42 U.S.C. 9659. Source: 57 FR 55040, Nov. 23, 1992, unless otherwise noted. § 374.1 Purpose. Section 310 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA), authorizes civil actions by any person to enforce the Act. These civil actions may be brought against any person (including the United States, and any other governmental instrumentality or agency, to the extent permitted by the Eleventh Amendment to the Constitution), that is alleged to become effective pursuant to the Act (including any provision of an agreement under section 120 of the Act, relating to Federal facilities); and against the President or any other officer of the United States (including the Administrator of the Environmental Protection Agency and the Administrator of the Agency for Toxic Substances and Disease Registry) where there is alleged a failure to perform any act or duty under this Act, which is not discretionary with the President or such other officer, including an act or duty under section 120 of the Act (relating to Federal facilities), but not including any act or duty under section 311 of the Act (relating to research, development, and demonstration). These civil actions under section 310 of the Act are to be filed in accordance with the rules of the district court in which the action is instituted. The purpose of this part is to prescribe procedures governing the notice requirements of subsections (d) and (e) of section 310 of the Act as a prerequisite to the commencement of such actions. § 374.2 Service of notice. (a) Violation of standard, regulation, condition, requirement, or order. (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 served by personal service upon or by certified mail, return receipt requested, addressed to the Administrator of the Environmental Protection Agency, and to the Regional Administrator of the Environmental Protection Agency for the Region in which the violation is alleged to have occurred. A list of addresses that may be useful in providing notice of citizen suits is provided at § 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 served by personal service upon or by certified mail, return receipt requested, addressed to the Administrator of the Environmental Protection Agency, and to the Regional Administrator of the Environmental Protection Agency for the Region in which the violation is alleged to have occurred. A list of addresses that may be useful in providing notice of citizen suits is provided at § 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 served by personal service upon or by certified mail, return receipt requested, addressed to the Administrator of the Environmental Protection Agency, and to the Regional Administrator of the Environmental Protection Agency for the Region in which the violation is alleged to have occurred. A list of addresses that may be useful in providing notice of citizen suits is provided at § 374.6. These addresses are subject to change and must be verified prior to use. (b) Failure to act. (c) Date of service. § 374.3 Contents of notice. (a) Violation of standard, regulation, condition, requirement, or order. (b) Failure to act. (c) Identification of counsel. [57 FR 55040, Nov. 23, 1992; 57 FR 61612, Dec. 28, 1992] § 374.4 Timing of notice. (a) Violation of standard, regulation, condition, requirement, or order. et seq. (b) Failure to act. § 374.5 Copy of complaint. At the time of filing an action under this Act, the plaintiff must provide a copy of the complaint to the Attorney General of the United States and to the Administrator of the Environmental Protection Agency. § 374.6 Addresses. Table 1 to § 374.6 Addressee Address Administrator U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW (1101), Washington, DC 20460. Regional Administrator, Region I U.S. Environmental Protection Agency, 5 Post Office Square—Suite 100, Boston, MA 02109-3912. Regional Administrator, Region II U.S. Environmental Protection Agency, 26 Federal Plaza, Room 930, New York, NY 10278. Regional Administrator, Region III U.S. Environmental Protection Agency, 841 Chestnut Street, Philadelphia, PA 19107. Regional Administrator, Region IV U.S. Environmental Protection Agency, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960. Regional Administrator, Region V U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, IL 60604. Regional Administrator, Region VI U.S. Environmental Protection Agency, 1201 Elm Street, Suite 500, Dallas, Texas 75270-2102. Regional Administrator, Region VII U.S. Environmental Protection Agency, 11201 Renner Boulevard, Lenexa, Kansas 66219. Regional Administrator, Region VIII U.S. Environmental Protection Agency, 999 18th Street, Suite 500, Denver, CO 80202-2405. Regional Administrator, Region IX U.S. Environmental Protection Agency, 75 Hawthorne Street, San Francisco, CA 94105. Regional Administrator, Region X U.S. Environmental Protection Agency, 1200 Sixth Avenue, Seattle, WA 98101. Administrator Agency for Toxic Substances and Disease Registry, Center for Disease Control, 200 Independence Avenue SW, Washington, DC 20201. Attorney General United States Department of Justice, Tenth and Pennsylvania Avenues NW, Washington, DC 20530. [57 FR 55040, Nov. 23, 1992, as amended at 65 FR 47325, Aug. 2, 2000; 76 FR 49674, Aug. 11, 2011; 78 FR 37978, June 25, 2013; 84 FR 44232, Aug. 23, 2019; 89 FR 86750, Oct. 31, 2024]