PART 11—SECURITY CLASSIFICATION REGULATIONS PURSUANT TO EXECUTIVE ORDER 11652 Authority: Executive Order 11652 (37 FR 5209, March 10, 1972) and the National Security Directive of May 17, 1972 (37 FR 10053, May 19, 1972). Source: 37 FR 23541, Nov. 4, 1972, unless otherwise noted. § 11.1 Purpose. These regulations establish policy and procedures governing the classification and declassification of national security information. They apply also to information or material designated under the Atomic Energy Act of 1954, as amended, as “Restricted Data,” or “Formerly Restricted Data” which, additionally, is subject to the provisions of the Act and regulations of the Atomic Energy Commission. § 11.2 Background. While the Environmental Protection Agency does not have the authority to originally classify information or material in the interest of the national security, it may under certain circumstances downgrade or declassify previously classified material or generate documents incorporating classified information properly originated by other agencies of the Federal Government which must be safeguarded. Agency policy and procedures must conform to applicable provisions of Executive Order 11652, and the National Security Council Directive of May 17, 1972, governing the safeguarding of national security information. § 11.3 Responsibilities. (a) Classification and Declassification Committee: This committee, appointed by the Administrator, has the authority to act on all suggestions and complaints with respect to EPA's administration of this order. It shall establish procedures to review and act within 30 days upon all applications and appeals regarding requests for declassification. The Administrator, acting through the committee, shall be authorized to overrule previous determinations in whole or in part when, in its judgment, continued protection is no longer required. If the committee determines that continued classification is required under section 5(B) of Executive Order 11652, it shall promptly so notify the requester and advise him that he may appeal the denial to the Interagency Classification Review Committee. (b) Director, Security and Inspection Division, Office of Administration: The Director, Security and Inspection Division, is responsible for the overall management and direction of a program designed to assure the proper handling and protection of classified information, and that classified information in the Agency's possession bears the appropriate classification markings. He also will assure that the program operates in accordance with the policy established herein, and will serve as Secretary of the Classification and Declassification Committee. (c) Assistant Administrators, Regional Administrators, Heads of Staff Offices, Directors of National Environmental Research Centers are responsible for designating an official within their respective areas who shall be responsible for: (1) Serving as that area's liaison with the Director, Security and Inspection Division, for questions or suggestions concerning security classification matters. (2) Reviewing and approving, as the representative of the contracting offices, the DD Form 254, Contract Security Classification Specification, issued to contractors. (d) Employees; (1) Those employees generating documents incorporating classified information properly originated by other agencies of the Federal Government are responsible for assuring that the documents are marked in a manner consistent with security classification assignments. (2) Those employees preparing information for public release are responsible for assuring that such information is reviewed to eliminate classified information. (3) All employees are responsible for bringing to the attention of the Director, Security and Inspection Division, any security classification problems needing resolution. § 11.4 Definitions. (a) Classified information. (b) Classified material. (c) Marking. (d) National security information. (e) Security classification assignment. (f) Security classification category. (1) Top Secret. (2) Secret. (3) Confidential. § 11.5 Procedures. (a) General. (b) Classification. (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, Security and Inspection Division, who will be responsible for obtaining a resolution. (c) Downgrading and declassification. (1) General Declassification Schedule Top Secret. (ii) Secret. (iii) Confidential. (2) Exemption from the General Declassification Schedule. (i) It shall be declassified unless it falls within one of the following criteria: ( a ( b ( c ( d (ii) Mandatory review of exempted material. ( a ( b ( c ( d (iii) All requests for “mandatory review” shall be directed to: Director, Security and Inspection Division, Environmental Protection Agency, Washington, DC 20460. The Director, Security 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. (v) Availability of declassified material. (vi) Classification review requests. § 11.6 Access by historical researchers and former Government officials. (a) Access to classified information or material may be granted to historical researchers or to persons who formerly occupied policymaking positions to which they were appointed by the President: Provided, however, (1) Determine that access is clearly consistent with the interests of the national security; and (2) Take appropriate steps to assure that classified information or material is not published or otherwise compromised. (b) Access granted a person by reason of his having previously occupied a policymaking position shall be limited to those papers which the former official originated, reviewed, signed, or received while in public office, except as related to the “Declassification of Presidential Papers,” which shall be treated as follows: (1) Declassification of Presidential Papers. (i) The terms of the donor's deed of gift; (ii) Consultations with the Departments having a primary subject-matter interest; and (iii) The provisions of § 11.5(c). (2) [Reserved]