40 CFR § 13.37 - Notice requirement before offset.

---
identifier: "/us/cfr/t40/s13.37"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 13.37 - Notice requirement before offset."
title_number: 40
title_name: "Protection of Environment"
section_number: "13.37"
section_name: "Notice requirement before offset."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "A"
subchapter_name: "GENERAL"
part_number: "13"
part_name: "CLAIMS COLLECTION STANDARDS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 552a, 5512, and 5514; 31 U.S.C. 3711  and 3720A; 4 CFR parts 101-10."
regulatory_source: "53 FR 37270, Sept. 23, 1988, unless otherwise noted."
cfr_part: "13"
---


# 13.37 Notice requirement before offset.

A request for reduction of an IRS tax refund will be made only after EPA makes a determination that an amount is owed and past-due and provides the debtor with 60 days written notice. EPA's notice of intention to collect by IRS tax refund offset (Notice of Intent) will state:

(a) The amount of the debt;

(b) That unless the debt is repaid within 60 days from the date of EPA's Notice of Intent, EPA intends to collect the debt by requesting the IRS to reduce any amounts payable to the debtor as refunds of Federal taxes paid by an amount equal to the amount of the debt and all accumulated interest and other charges;

(c) That the debtor has a right to present evidence that all or part of the debt is not past-due or not legally enforceable; and

(d) A mailing address for forwarding any written correspondence and a contact name and phone number for any questions.