[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR16.4]

[Page 204]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 16_IMPLEMENTATION OF PRIVACY ACT OF 1974--Table of Contents
 
Sec. 16.4  Times, places, and requirements for identification of 
individuals making requests.

    (a) If an individual submitting a request for access under Sec. 
16.3 has asked that EPA authorize a personal inspection of records, and 
EPA has granted the request, he or she may present himself or herself at 
the time and place specified in EPA's response or arrange another time 
with the appropriate agency official.
    (b) Prior to inspection of records, an individual shall present 
sufficient identification (e.g., driver's license, employee 
identification card, social security card, credit card) to establish 
that he or she is the individual to whom the records pertain. An 
individual who is unable to provide such identification shall complete 
and sign, in the presence of an agency official, a statement declaring 
his or her identity and stipulating that he or she understands it is a 
misdemeanor punishable by fine up to $5,000 to knowingly and willfully 
seek or obtain access to records about another individual under false 
pretenses.
    (c) If an individual, having requested personal inspection of his or 
her records, wishes to have another person accompany him or her during 
inspection, he or she shall submit a written statement authorizing 
disclosure in the presence of the other person(s).
    (d) An individual who has made a personal inspection of records may 
then request copies of those records. Such requests may be granted, but 
fees may be charged in accordance with Sec. 16.11.
    (e) If an individual submitting a request under Sec. 16.3 wishes to 
have copies furnished by mail, he or she must include with the request 
sufficient data to allow EPA to verify his or her identity. Should 
sensitivity of the records warrant it, EPA may require a requester to 
submit a signed and notarized statement indicating that he or she is the 
individual to whom the records pertain and that he or she understands it 
is a misdemeanor punishable by fine up to $5,000 to knowingly and 
willfully seek or obtain access to records about another individual 
under false pretenses. Such mail requests may be granted, but fees may 
be charged in accordance with Sec. 16.11.
    (f) No verification of identity will be required where the records 
sought are publicly available under the Freedom of Information Act, as 
EPA procedures under 40 CFR part 2 will then apply.