Environmental Law Matters

On February 24, 2026, the U.S. Environmental Protection Agency ("EPA") proposed new rules that would revise the procedural requirements for service of Notices of Intent to file citizen suits ("NOIs") on EPA under several federal environmental statutes.  The proposed amendments to 40 CFR 54.2, 135.2, 210.2, 254.2, 374.2, and 702.61 would apply to NOIs served on EPA under the Clean Air Act, the Clean Water Act, the Safe Drinking Water Act, the Noise Control Act, the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act, and the Toxic Substances Control Act.

EPA is seeking to address how NOIs are served on the EPA Administrator and, as applicable, on the Regional Administrator – planning a switch from the current method of service by mail to a centralized, electronic method.  As an alternative, the proposal allows for service by certified mail in situations where electronic service on EPA is not practicable.  However, no change is proposed as to service of the NOI on the alleged violator and any applicable state administrator or agency.  EPA provides the following rationale for the proposed amendments:

The EPA is proposing to require electronic submission of NOIs to ensure the Agency receives and processes such NOIs in a modern, more timely, and efficient manner. The proposed change would better serve the purpose of the 60-day waiting period that these statutes prescribe because the EPA would receive electronic NOIs instantaneously and would have more time to potentially address the concern provided in the NOI before the NOI submitter files a judicial complaint. Such a change could alleviate the need for costly and protracted litigation, which would conserve the resources of the Agency and the public. Additionally, centralizing an electronic NOI repository would allow the Agency to more effectively monitor the NOIs received and quickly post them to EPA's public-facing website, which is important for public transparency. The EPA also expects that electronic service would benefit the public because it is more convenient and less costly than the existing process, which requires NOI submitters to bear the costs of paper printing and sending potentially voluminous collections of documents via certified mail. Finally, electronic service is generally more reliable and less likely to result in potential disputes over the timing of service or whether the requirement to serve the Agency with an NOI was met, which would also conserve public and Agency resources.

The proposed changes could offer a tangential benefit to regulated entities by providing EPA with more effective use of the sixty-day notice period.

EPA must receive public comments on or before March 26, 2026.