[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: 40CFR16.8]

[Page 205]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 16_IMPLEMENTATION OF PRIVACY ACT OF 1974--Table of Contents
 
Sec. 16.8  Initial determination on request for correction or amendment 
of record.

    (a) Within 10 working days of receipt of a request for amendment or 
correction, the system manager shall acknowledge the request, and 
promptly either:
    (1) Make any correction, deletion, or addition which the requester 
believes should be made; or
    (2) Inform the requester of his or her refusal to correct or amend 
the record, the reason for refusal, and the procedures for appeal.
    (b) If the system manager is unable to comply with the preceding 
paragraphs within 30 working days of his or her receipt of a request, he 
or she will inform the requester of that fact, the reasons, and an 
estimate of when a determination will be reached.
    (c) In conducting the review of the request, the system manager will 
be guided by the requirements of 5 U.S.C. 552a (e)(1) and (e)(5).
    (d) If the system manager determines to grant all or any portion of 
the request, he or she will:
    (1) Advise the individual of that determination;
    (2) Make the correction or amendment; and
    (3) So inform any person or agency outside EPA to whom the record 
has been disclosed, and, where an accounting of that disclosure is 
maintained in accordance with 5 U.S.C. 552a(c), note the occurrence and 
substance of the correction or amendment in the accounting.
    (e) If the system manager determines not to grant all or any portion 
of a request for correction or amendment, he or she will:
    (1) Comply with paragraph (d)(3) of this section (if necessary);
    (2) Advise the individual of the determination and its basis;
    (3) Inform the individual that an appeal may be made; and
    (4) Describe the procedures for making the appeal.
    (f) If EPA receives from another Federal agency a notice of 
correction or amendment of information furnished by that agency and 
contained in one of EPA's systems of records, the system manager shall 
advise the individual and make the correction as if EPA had originally 
made the correction or amendment.