[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: 40CFR16.9]

[Page 205-206]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 16_IMPLEMENTATION OF PRIVACY ACT OF 1974--Table of Contents
 
Sec. 16.9  Appeal of initial adverse agency determination on request 
for correction or amendment.

    (a) Any individual whose request for correction or amendment is 
initially denied by EPA and who wishes to appeal may do so by letter to 
the Privacy Act Officer. The appeal shall contain a description of the 
initial request sufficient to identify it.
    (b) The Privacy Act Officer shall make a final determination not 
later than 30 working days from the date on which the individual 
requests the review, unless, for good cause shown, the Privacy Act 
Officer extends the 30-day period and notifies the requester. Such

[[Page 206]]

extension will be utilized only in exceptional circumstances.
    (c) In conducting the review of an appeal, the Privacy Act Officer 
will be guided by the requirements of 5 U.S.C. 552a (e)(1) and (e)(5).
    (d) If the Privacy Act Officer determines to grant all or any 
portion of an appeal he or she shall so inform the requester and EPA 
shall make the correction or amendment and comply with Sec. 16.8(d)(3).
    (e) If the Privacy Act Officer determines not to grant all or any 
portion of an appeal he or she shall inform the requester:
    (1) Of the determination and its basis;
    (2) Of the requester's right to file a concise statement of reasons 
for disagreeing with EPA's decision;
    (3) Of the procedures for filing such statement of disagreement;
    (4) That such statements of disagreements will be made available in 
subsequent disclosures of the record, together with an agency statement 
(if deemed appropriate) summarizing its refusal;
    (5) That prior recipients of the disputed record will be provided 
with statements as in paragraph (e)(4) of this section, to the extent 
that an accounting of disclosures is maintained under 5 U.S.C. 552a(c); 
and
    (6) Of the requester's right to seek judicial review under 5 U.S.C. 
552a(g).