[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR23.12]

[Page 282]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 23_JUDICIAL REVIEW UNDER EPA_ADMINISTERED STATUTES--Table of Contents
 
Sec. 23.12  Filing notice of judicial review.

    (a) For the purposes of 28 U.S.C. 2112(a), a copy of any petition 
filed in any United States Court of Appeals challenging a final action 
of the Administrator shall be sent by certified mail, return receipt 
requested, or by personal delivery to the General Counsel. The petition 
copy shall be time-stamped by the Clerk of the Court when the original 
is filed with the Court. The petition should be addressed to: 
Correspondence Control Unit, Office of General Counsel (2311), U.S. 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460.
    (b) If the General Counsel receives two or more petitions filed in 
two or more United States Courts of Appeals for review of any Agency 
action within ten days of the effective date of that action for purposes 
of judicial review (as specified under Sec. Sec. 23.2 through 23.10 of 
this part), the General Counsel will notify the United States Judicial 
Panel of Multidistrict Litigation of any petitions that were received 
within the ten day period, in accordance with the applicable rules of 
the Panel.
    (c) For purposes of determining whether a petition for review has 
been received within the ten day period under paragraph (b) of this 
section, the petition shall be considered received on the date of 
service, if served personally. If service is accomplished by mail, the 
date of receipt shall be considered to be the date noted on the return 
receipt card.

[53 FR 29322, Aug. 3, 1988]