[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: 40CFR11.5]
[Page 188-190]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
PART 11_SECURITY CLASSIFICATION REGULATIONS PURSUANT TO EXECUTIVE
ORDER 11652--Table of Contents
Sec. 11.5 Procedures.
(a) General. Agency instructions on access, marking, safekeeping,
accountability, transmission, disposition, and destruction of
classification information and material will be found in the EPA
Sec. rity Manual for Safeguarding Classified Material. These instructions
shall conform with the National Sec. rity Council Directive of May 17,
1972, governing the classification, downgrading, declassification, and
safeguarding of National Sec. rity Information.
(b) Classification. (1) When information or material is originated
within EPA and it is believed to require classification, the person or
persons responsible for its origination shall protect it in the manner
prescribed for protection of classified information. The information
will then be transmitted under appropriate safeguards to the Director,
Sec. rity and Inspection Division, who will forward it to the department
having primary interest in it with a request that a classification
determination be made.
(2) A holder of information or material which incorporates
classified information properly originated by other agencies of the
Federal Government shall observe and respect the classification assigned
by the originator.
(3) If a holder believes there is unnecessary classification, that
the assigned classification is improper, or that the document is subject
to declassification, he shall so advise the Director, Sec. rity and
Inspection Division, who will be responsible for obtaining a resolution.
(c) Downgrading and declassification. Classified information and
material officially transferred to the Agency during its establishment,
pursuant to Reorganization Plan No. 3 of 1970, shall be declassified in
accordance with procedures set forth below. Also, the same procedures
will apply to the declassification of any information in the Agency's
possession which originated in departments or agencies which no longer
exist, except that no declassification will occur in such cases until
other departments having an interest in the subject matter have been
consulted. Other classified information in the Agency's possession may
be downgraded or declassified by the official authorizing its
classification, by a successor in capacity, or by a supervisory official
of either.
(1) General Declassification Schedule--(i) Top Sec. et. Information
or material originally classified Top Sec. et shall become automatically
downgraded to Sec. et at the end of the second full calendar year
following the year in which it was originated, downgraded to
Confidential at the end of the fourth full calendar year following the
year in which it was originated, and declassified at the end of the 10th
full calendar year following the year in which it was originated.
(ii) Sec. et. Information and material originally classified Sec. et
shall become automatically downgraded to Confidential at the end of the
second full calendar year following the year in
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which it was originated, and declassified at the end of the eighth full
calendar year following the year in which it was originated.
(iii) Confidential. Information and material originally classified
Confidential shall become automatically declassified at the end of the
sixth full calendar year following the year in which it was originated.
(2) Exemption from the General Declassification Schedule.
Information or material classified before June 1, 1972, assigned to
Group 4 under Executive Order No. 10501, as amended, shall be subject to
the General Declassification Schedule. All other information or material
classified before June 1, 1972, whether or not assigned to Groups 1, 2,
or 3, of Executive Order No. 10501, as amended, shall be excluded from
the General Declassification Schedule. However, at any time after the
expiration of 10 years after the date of origin it shall be subject to a
mandatory classification review and disposition in accordance with the
following criteria and conditions:
(i) It shall be declassified unless it falls within one of the
following criteria:
(a) Classified information or material furnished by foreign
governments or international organizations and held by the United States
on the understanding that it be kept in confidence.
(b) Classified information or material specifically covered by
statute, or pertaining to cryptography, or disclosing intelligence
sources or methods.
(c) Classified information or material disclosing a system, plan,
installation, project, or specific foreign relations matter, the
continuing protection of which is essential to the national security.
(d) Classified information or material the disclosure of which would
place a person in immediate jeopardy.
(ii) Mandatory review of exempted material. All classified
information and material originated after June 1, 1972, which is
exempted under any of the above criteria shall be subject to a
classification review by the originating department at any time after
the expiration of 10 years from the date of origin provided:
(a) A department or member of the public requests a review;
(b) The request describes the document or record with sufficient
particularity to enable the department to identify it; and
(c) The record can be obtained with a reasonable amount of effort.
(d) Information or material which no longer qualifies for exemption
under any of the above criteria shall be declassified. Information or
material which continues to qualify under any of the above criteria
shall be so marked, and, unless impossible, a date for automatic
declassification shall be set.
(iii) All requests for ``mandatory review'' shall be directed to:
Director, Sec. rity and Inspection Division, Environmental Protection
Agency, Washington, DC 20460.
The Director, Sec. rity and Inspection Division shall promptly notify the
action office of the request, and the action office shall immediately
acknowledge receipt of the request in writing.
(iv) Burden of proof for administrative determinations. The burden
of proof is on the originating Agency to show that continued
classification is warranted within the terms of this paragraph (c)(2).
(v) Availability of declassified material. Upon a determination
under paragraph (ii) of this paragraph (c)(2), that the requested
material no longer warrants classification, it shall be declassified and
made promptly available to the requester, if not otherwise exempt from
disclosure under section 552(b) of Title 5 U.S.C. (Freedom of
Information Act) or other provision of law.
(vi) Classification review requests. As required by paragraph (ii)
of this paragraph (c)(2) of this order, a request for classification
review must describe the document with sufficient particularity to
enable the Department or Agency to identify it and obtain it with a
reasonable amount of effort. Whenever a request is deficient in its
description of the record sought, the requester should be asked to
provide additional identifying information whenever possible. Before
denying a request on the ground
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that it is unduly burdensome, the requester should be asked to limit his
request to records that are reasonably obtainable. If nonetheless the
requester does not describe the records sought with sufficient
particularity, or the record requested cannot be obtained with a
reasonable amount of effort, the requester shall be notified of the
reasons why no action will be taken and of his right to appeal such
decision.
