[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: 40CFR16.6]

[Page 218]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 16_IMPLEMENTATION OF PRIVACY ACT OF 1974--Table of Contents
 
Sec. 16.6  Initial decision on request for access to, or correction or 
amendment of, records.

    (a) Within 10 working days of receipt of a request, the Agency 
Privacy Act Officer will send a letter to the requester acknowledging 
receipt of the request and promptly forward it to the manager of the 
system of records where the requested record is located with 
instructions to:
    (1) Make a determination whether to permit access to the record, or 
to make the requested correction or amendment;
    (2) Inform the requester of that determination and, if the 
determination is to deny access to the record, or to not correct or 
amend it, the reason for that decision and the procedures for appeal.
    (b) If the system manager is unable to decide whether to grant a 
request of access to, or amendment or correction of a record within 20 
working days of the Agency's receipt of the request, he or she will 
inform the requester reasons for the delay, and an estimate of when a 
decision will be made.
    (c) In reviewing a request for the correction or amendment of a 
record, the system manager will be guided by the requirements of 5 
U.S.C. 552a(e)(1) and (e)(5).
    (d) A system manager who decides to grant all or any portion of a 
request to correct or amend a record will inform any person or entity 
outside EPA that was provided the record of the correction or amendment, 
and, where there is an accounting of that disclosure, make a note of the 
action taken in the accounting.
    (e) If a request pursuant to Sec. 16.3 for access to a record is in 
a system of records which is exempted, the records system manager or 
designee will decide whether any information will nonetheless be made 
available. If the decision is to deny access, the reason for denial and 
the appeal procedure will be given to the requester.
    (f) A person whose request for access is initially denied may appeal 
that denial to EPA's Privacy Act Officer. EPA's General Counsel will 
decide the appeal within 30 working days. If an appeal concerns a system 
of records maintained by the Office of Inspector General, the Privacy 
Act Officer will forward the appeal to the Counsel to the Inspector 
General who will decide on the appeal in accordance with Sec. 16.7. The 
Counsel to the Inspector General will carry out all responsibilities 
with respect to the appeal that are otherwise assigned to EPA's General 
Counsel under Sec. 16.7.
    (g) If the appeal under Sec. 16.7(e)(6) is denied, the requester 
will be notified of the right to seek judicial review in accordance with 
subsection (g) of the Privacy Act.