Notice Of Noncompliance

Notice of Noncompliance in the United States

Notice of Noncompliance in Environmental Law

A notice sent by the Environmental Protection Agency (EPA) or a state agency to inform the recipient that it is not complying with specified sections of the Clean Air Act. The notice is preliminary to payment of a penalty for delayed compliance with one of the specified programs under the Clean Air Act, such as the acid deposition, permitting, and stratospheric ozone provisions.

Unlike a number of other enforcement provisions, Section 120 of the Clean Air Act aims to recover the savings a company or other person realized because it did not comply with the law on time. For example, if a business was supposed to limit its emissions of sulfur dioxide by 15 March and it is out of compliance after that date, the EPA can consider what it has saved by not investing in pollution control equipment. The penalty will depend on the cost of the equipment at the time it should have been installed, the cost of maintaining, testing, and other costs associated with upkeep, and the value of money.

The notice of noncompliance places a duty on the recipient to calculate its own penalty based on the EPA’s regulations and begin submitting payments within four months. Payment of the penalty does not eliminate other rights of enforcement the government has. In the example above, the company has not only delayed putting the appropriate equipment into service, it has also been violating the emission limits. The notice of noncompliance does not deal with the emission violations, so the EPA can use a separate section of the Clean Air Act to collect penalties for them.

The notice of noncompliance is unique to the Clean Air Act, but the concept of recovering delayed compliance costs is not. In settlement discussions and penalty calculations for violations of the Clean Water Act, for instance, the government uses the economic benefit realized as an absolute bottom line in calculating the penalty. The penalty cannot go below that figure because the statute prohibits it. The penalty policies for settlement reflect the overriding concern that compliance must not be delayed to save money.
Based on “Environment and the Law. A Dictionary”.

Notice Of Noncompliance: Open and Free Legal Research of US Law

Federal Primary Materials

The U.S. federal government system consists of executive, legislative, and judicial branches, each of which creates information that can be the subject of legal research about Notice Of Noncompliance. This part provides references, in relation to Notice Of Noncompliance, to the legislative process, the federal judiciary, and the primary sources of federal law (cases, statutes, and regulations).

Federal primary materials about Notice Of Noncompliance by content types:

Laws and Regulations

US Constitution
Federal Statutory Codes and Legislation

Federal Case Law and Court Materials

U.S. Courts of Appeals
United States courts of appeals, inclouding bankruptcy courts and bankcruptcy appellate panels:

Federal Administrative Materials and Resources

Presidential Materials

Materials that emanate from the President’s lawmaking function include executive orders for officers in departments and agencies and proclamations for announcing ceremonial or commemorative policies. Presidential materials available include:

Executive Materials

Federal Legislative History Materials

Legislative history traces the legislative process of a particular bill (about Notice Of Noncompliance and other subjects) for the main purpose of determining the legislators’ intent behind the enactment of a law to explain or clarify ambiguities in the language or the perceived meaning of that law (about Notice Of Noncompliance or other topics), or locating the current status of a bill and monitoring its progress.

State Administrative Materials and Resources

State regulations are rules and procedures promulgated by state agencies (which may apply to Notice Of Noncompliance and other topics); they are a binding source of law. In addition to promulgating regulations, state administrative boards and agencies often have judicial or quasi-judicial authority and may issue administrative decisions affecting Notice Of Noncompliance. Finding these decisions can be challenging. In many cases, researchers about Notice Of Noncompliance should check state agency web sites for their regulations, decisions, forms, and other information of interest.

State rules and regulations are found in codes of regulations and administrative codes (official compilation of all rules and regulations, organized by subject matter). Search here:

State opinions of the Attorney General (official written advisory opinions on issues of state law related to Notice Of Noncompliance when formerly requested by a designated government officer):

Tools and Forms

Law in Other Regions

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