# 2026-03646: EPA Speeds Up Eco-Lawsuits: Ditch Paper, Go Digital for Notices

2026-03646, Prior Notice of Citizen Suits, is a Federal Register proposed rule from Environmental Protection Agency published 2026-02-24, effective Comments must be received on or before March 26, 2026. (as of 2026-06-11).

- Canonical: https://policyrisk.com/federal-register/2026-03646
- As of: 2026-06-11
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Document number: 2026-03646
- Title: Prior Notice of Citizen Suits
- Type: Proposed Rule
- Agencies: Environmental Protection Agency
- Citation: 91 FR 8810
- Published: 2026-02-24
- Effective: Comments must be received on or before March 26, 2026.
- Comments close: not stated
- Significant: no
- Touches household money: no
- Regulation identifier numbers: 2015-AA04
- Last updated: 2026-06-11

## In one line

EPA Speeds Up Eco-Lawsuits: Ditch Paper, Go Digital for Notices

## Summary

The EPA wants to make it easier and faster to handle citizen lawsuits about the environment by requiring people to send their Notices of Intent electronically. This change affects anyone planning to file a citizen suit under major environmental laws and aims to speed up EPA’s response without extra costs. Comments on this proposal are open until March 26, 2026, so now’s the time to speak up!

## Abstract

The Environmental Protection Agency (EPA) is proposing to amend its regulations prescribing the manner in which prior notice of citizen suits is to be provided as required under the citizen suit provisions of the Clean Air Act (CAA), the Clean Water Act (CWA), the Safe Drinking Water Act (SDWA), the Noise Control Act (NCA), the Resource Conservation and Recovery Act (RCRA), the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and the Toxic Substances Control Act (TSCA). This proposed rulemaking would generally require electronic service to EPA of Notices of Intent (NOIs) to file a citizen suit under the listed environmental statutes. These proposed revisions would help ensure the Agency receives and processes such NOIs in a timely and efficient manner.

## Effects PRIA read

- NOIs must be filed electronically: benefit, medium. If you plan to file a citizen suit under the Clean Air Act, Clean Water Act, Safe Drinking Water Act, Noise Control Act, RCRA, CERCLA, or TSCA, you will generally have to submit your Notice of Intent (NOI) electronically to the EPA via the procedure at www.epa.gov/ogc. The proposed amendments updat…
- Exception if electronic impracticable: benefit, low. If electronic service of an NOI is not practicable for you, the EPA would allow serving the NOI by certified mail, but the mailed submission must include an explanation of why electronic service is impracticable. The rule text repeats this practicability exception across the affected CFR parts.
- Electronic timestamp sets service date: benefit, low. When you serve an NOI electronically under the proposed rules, the electronic date stamp will be treated as the date the notice was given; if you serve by mail, the return-receipt date will control. That timing determines the start of the 60-day waiting period the statutes require before most citiz…
- Electronic filing reduces filer costs: benefit, medium. EPA states electronic service will be more convenient and less costly for NOI submitters because it avoids paper printing and certified mail costs and reduces disputes about timing. The Agency says centralizing electronic NOIs will also let EPA post them publicly more quickly, improving transparenc…
- EPA says no big burden on small entities: benefit, low. EPA certifies under the Regulatory Flexibility Act that this rule will not have a significant economic impact on a substantial number of small entities, concluding the rule imposes no net regulatory burden because it only changes the mechanism for providing NOIs. EPA also states this is an Executiv…

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## Sources
- [2026-03646 on federalregister.gov](https://www.federalregister.gov/documents/2026/02/24/2026-03646/prior-notice-of-citizen-suits)
- [2026-03646 as published (PDF)](https://www.govinfo.gov/content/pkg/FR-2026-02-24/pdf/2026-03646.pdf)

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Source: PRIA, https://policyrisk.com/federal-register/2026-03646 (as of 2026-06-11).
