Privacy Act of 1974; System of Records
| Published date | 22 February 2019 |
| Citation | 84 FR 5673 |
| Record Number | 2019-03107 |
| Section | Notices |
| Court | Environmental Protection Agency |
Federal Register, Volume 84 Issue 36 (Friday, February 22, 2019)
[Federal Register Volume 84, Number 36 (Friday, February 22, 2019)]
[Notices]
[Pages 5673-5676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03107]
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ENVIRONMENTAL PROTECTION AGENCY
Privacy Act of 1974; System of Records
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of a modified system of records.
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SUMMARY: Pursuant to the provisions of the Privacy Act, EPA's Office of
Pollution Prevention and Toxics (OPPT) is providing notice of its
proposal to modify an existing system of records (SOR) by updating the
category of uses to add lead-based paint and renovator professionals'
photographs, to add names of training program managers and principal
course instructors as well as their education or experience or training
qualifications, to discuss EPA's Central Data Exchange (CDX)
interconnection for online applications and notifications submissions
and other administrative updates to the ``Federal Lead-Based Paint
Program System of Records'' (FLPPSOR). FLPPSOR stores information in
both electronic and hard-copy formats and contains information about
individuals who have applied for certification to conduct lead-based
paint and renovation, repair and painting (RRP) activities and students
taking classes in lead-based paint and RRP activities. FLPPSOR contains
information about individuals who have been trained or applied for
certification to perform lead-based paint and RRP activities. FLPPSOR
contains information about individuals who are trained or certified in
the following disciplines: abatement workers, inspectors, supervisors,
risk assessors, project designers, renovators and dust sampling
technicians. The EPA Federal Lead-Based Paint Program system of records
does not duplicate any existing system of records. The system handles
Privacy Act protected information in the same manner regardless of
whether the information is contained in electronic or hard-copy form.
DATES: Persons wishing to comment on this system of records notice
amendment must do so by March 25, 2019.
[[Page 5674]]
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OEI-2017-0588, by one of the following methods:
Regulations.gov: www.regulations.gov. Follow the online
instructions for submitting comments.
Email: oei.docket@epa.gov.
Fax: 202-566-1752.
Mail: OEI Docket, Environmental Protection Agency, Mail code:
2822T, 1200 Pennsylvania Ave. NW, Washington, DC 20460.
Hand Delivery: OEI Docket, EPA/DC, WJC West Building, Room 3334,
1301 Constitution Ave. NW, Washington, DC. Such deliveries are only
accepted during the Docket's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OEI-
2017-0588. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information for which
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through www.regulations.gov.
The www.regulations.gov website is an ``anonymous access'' system for
EPA, which means the EPA will not know your identity or contact
information unless you provide it in the body of your comment. Each
agency determines submission requirements within their own internal
processes and standards. EPA has no requirement of personal
information. If you send an email comment directly to the EPA without
going through www.regulations.gov your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the internet. If you
submit an electronic comment, the EPA recommends that you include your
name and other contact information in the body of your comment and with
any disk or CD-ROM you submit. If the EPA cannot read your comment due
to technical difficulties and cannot contact you for clarification, the
EPA may not be able to consider your comment. Electronic files should
avoid the use of special characters, any form of encryption, and be
free of any defects or viruses. For additional information about the
EPA's public docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
for which disclosure is restricted by statute. Certain other material,
such as copyrighted material, will be publicly available only in hard
copy. Publicly available docket materials are available either
electronically in www.regulations.gov or in hard copy at the OEI
Docket, EPA/DC, WJC West Building, Room 3334, 1301 Constitution Ave.
NW, Washington, DC. The Public Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday excluding legal holidays. The
telephone number for the Public Reading Room is (202) 566-1744, and the
telephone number for the OEI Docket is (202) 566-1752.
FOR FURTHER INFORMATION CONTACT: Robert Wright, National Program
Chemicals Division (7404T), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001; telephone number: (202) 566-1975; email address:
wright.robert@epa.gov.
SUPPLEMENTARY INFORMATION:
1. General Information
On August 29, 1996, EPA published the requirements for Lead-Based
Paint Activities in Target Housing and Child-Occupied Facilities in the
Federal Register with an effective date of October 28, 1996. These
regulations established requirements for firms to be certified, an
accreditation program for training providers, and training,
certification and work practice requirements for individuals in the
following abatement disciplines: Inspectors, supervisors, risk
assessors, project designers and workers. On April 8, 2004, EPA
published the notification requirements for Lead-Based Paint Abatement
Activities and Training in the Federal Register with an effective date
of May 10, 2004. These regulations established notification procedures
for certified lead abatement firms to notify EPA prior to commencement
of lead-based paint abatement activities and accredited training
providers to notify EPA prior to teaching an abatement training course
and submit a post-training notification following completion of the
training course to provide EPA information about the individuals that
were trained. On April 22, 2008, EPA published the RRP rule in the
Federal Register with an effective date of June 23, 2008. The RRP rule
established requirements for training renovators and dust-sampling
technicians; certifying renovators, dust sampling technicians and
renovation firms; and accrediting providers of renovator and dust
sampling technician training. FLPPSOR contains information about
individuals who are certified inspectors, supervisors, risk assessors,
project designers, abatement workers, renovators and dust sampling
technicians. Also, FLPPSOR contains the names of training program
managers and principal course instructors as well as their education or
experience or training qualifications. EPA administers the
certification and accreditation programs in States, Tribal areas, and
territories that do not have EPA's authorization to independently
administer such programs. Access to the system is restricted to
authorized users and will be maintained in a secure, password-protected
computer system, in secure areas and buildings with physical access
controls and environmental controls.
The system is maintained by EPA's Office of Chemical Safety and
Pollution Prevention, Office of Pollution Prevention and Toxics.
SYSTEM NAME AND NUMBER
Federal Lead-Based Paint Program System of Records (FLPPSOR) and
EPA-54.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records maintained in FLPPSOR are stored in electronic and hard-
copy formats at Research Triangle Park (RTP), NC, EPA regional offices
and the Federal program contractor's office.
SYSTEM MANAGER(S):
Tanya Mottley, Director, National Program Chemicals Division,
USEPA, Office of Pollution Prevention and Toxics, (7404T), 1200
Pennsylvania Ave. NW, Washington, DC 20460, (202) 566-1652; and
Michelle Price, Chief, Lead, Heavy Metals and Inorganics Branch,
National Program Chemicals Division, USEPA, Office of Pollution
Prevention and Toxics, (7404T), 1200 Pennsylvania Ave. NW, Washington,
DC 20460, (202) 566-0744.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
40 CFR part 745 Lead--Requirements for Lead-Based Paint Activities
in Target Housing and Child-Occupied Facilities and 40 CFR part 745
Lead--Renovation, Repair, and Painting Program.
PURPOSE(S) OF THE SYSTEM:
The purpose of FLPPSOR is to maintain information submitted
[[Page 5675]]
electronically via EPA's CDX system to the Agency and through various
documents under the Federal Lead-Based Paint and RRP Programs. These
records include application forms, notification forms, and various
support documents. FLPPSOR supports activities integral to the program
(i.e., issuing certificates, analyzing information, generating letters
and reports, and providing information to allow for executing various
enforcement actions). EPA's CDX Customer Registration Subsystem's
System of Records Notice is EPA-52 [(Federal Register: December 8, 2003
(Volume 68, Number 234)]. The CDX system has an interconnection to the
FLPP Database system. On January 15, 2015, the CDX Memorandum of
Understanding (MOU) and CDX Interconnection Security Agreement (ISA)
documents were signed. The MOU defines the responsibilities of the
participating organizations of the interconnection and the ISA
specifies the technical and security requirements of the
interconnection.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals covered by the system include those who have been
trained or have applied for certification to perform lead-based paint
and RRP activities in the following disciplines: inspectors,
supervisors, risk assessors, project designers, abatement workers,
renovators, and dust sampling technicians. In addition, individuals
covered by the system include training program managers and principal
course instructors who have been accredited to teach lead-based paint
and RRP activities in the following disciplines: inspectors,
supervisors, risk assessors, project designers, abatement workers,
renovators, and dust sampling technicians.
CATEGORIES OF RECORDS IN THE SYSTEM:
FLPPSOR contains individuals' names, addresses, telephone numbers,
dates of birth, photographs of lead-based paint and RRP professionals,
signatures, course test scores, submitted fees, and certificate numbers
as well as the names of training program managers and principal course
instructors as well as their education or experience or training
qualifications.
RECORD SOURCE CATEGORIES:
Information is obtained from individuals who have submitted a
certification application and have been trained by an accredited
training provider. FLPPSOR maintains records on individuals derived
from a variety of sources relating to the undertaking of individuals
applying for certification and being trained to perform lead-based
paint and RRP activities. Also, FLPPSOR maintains records of the names
of training program managers and principal course instructors as well
as their education or experience or training qualifications.
These record sources include the following forms submitted to EPA:
EPA Form 8500-28, ``Application and Instructions for Individuals
Applying for Certification to Conduct Lead-Based Paint Activities'' and
EPA Form 8500-25, ``Application and Instructions for Training Providers
Applying for Accreditation of Lead-Based Paint Activity and Renovator
Training Programs.'' The information derived from these forms concerns
individuals who have applied for certification or accreditation in
lead-based paint or renovation, repair and painting activities. Two
record sources include information derived from required notifications
submitted to EPA pursuant to 40 CFR part 745. The first record source
requires firms certified under 40 CFR 745.227 to provide notification
to the Agency prior to conducting lead-based paint abatement
activities. The second record source requires training programs
accredited under 40 CFR 745.225 to provide notification to the Agency
prior to (pre-training notice) and then following conducting lead-based
paint and RRP activities training courses (post-training notice). The
data derived from the post-training notifications includes information
on inspectors, supervisors, risk assessors, project designers,
abatement workers, renovators and dust sampling technicians who have
been trained. Finally, other record sources of information stored in
the system may include supplementary documents obtained by headquarters
and regional offices in the application approval process.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
General routine uses are as follows: A, B, C, E, F, G, H, I, K(73
FR 2245). (https://www.federalregister.gov/documents/2008/01/14/E8-445/amendment-to-general-routine-uses)
In addition, the Agency may disclose information from FLPPSOR to
Federal, State, or local agencies, present and former employers and
business and personal associates, and hearing officials, as a given
situation might require for purposes including the following:
(1) To verify the identity of the individual;
(2) To enforce the conditions or terms of the Agency's Lead-Based
Paint Program and RRP Program regulations;
(3) To investigate possible fraud by, for example, applicants and
users, and verify compliance with the Agency's Lead-Based Paint Program
and RRP Program regulations;
(4) To prepare for litigation or to litigate fee collections and
reporting enforcement matters;
(5) To initiate a limitation, suspension, and termination (LS&T) or
debarment action;
(6) To investigate complaints, update files, and correct errors;
(7) To prepare for alternative dispute resolutions (ADR) in any of
the cases described in paragraphs (2), (3), and (4);
(8) To engage in audits or other internal matters within EPA;
(9) To contact certified individuals and applicants in the event of
a system modification that changes their application or certification
information; or
(10) To respond to a change to FLPPSOR, as in the case of a
modification, revocation, or termination of a user's access privileges.
(11) Disclosure to Persons or Entities in Response to an Actual or
Suspected Compromise or Breach of Personally Identifiable Information
To appropriate agencies, entities, and persons when (1) the Agency
suspects or has confirmed that there has been a breach of the system of
records,[middot] (2) the Agency has determined that as a result of the
suspected or confirmed breach there is a risk of harm to individuals,
the Agency (including its information systems, programs, and
operations), the Federal Government, or national security; and (3) the
disclosure made to such agencies, entities, and persons is reasonably
necessary to assist in connection with the Agency's efforts to respond
to the suspected or confirmed breach or to prevent, minimize, or remedy
such harm.
(12) Disclosure to assist another agency in its efforts to respond
to a breach.
To another Federal agency or Federal entity, when the Agency
determines that information from this system of records is reasonably
necessary to assist the recipient agency or entity in (1) responding to
a suspected or confirmed breach or (2) preventing, minimizing, or
remedying the risk of harm to individuals, the recipient agency or
entity (including its information systems, programs, and operations),
the Federal Government, or national
[[Page 5676]]
security, resulting from a suspected or confirmed breach.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Storage: Records maintained under the FLPPSOR are stored in
different formats and in several locations. Each of these record
collections, which together comprise the FLPPSOR, must adhere to the
requirements of the Privacy Act and are subject to the rules and
restrictions for disclosure of information specified under the Freedom
of Information Act.
(1) The main system is located at EPA's National Computer Center
(NCC) in Research Triangle Park (RTP), North Carolina. This database
contains information entered from some of the primary sources listed
above under ``Categories of Records in the System'' (submitted form and
notifications).
(2) Hard-copy files are located in EPA regional offices and the
facility operated by EPA's Federal program contractor's office. These
records include the original or photocopied paper submissions
(including supplementary information) provided to the Agency.
(3) EPA regional offices have developed electronic systems for
their local uses. These electronic records are maintained separate from
the main central server at RTP and are used solely by the regional
offices.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Retrievability: Records are retrieved by an individual's name,
application ID number, applicant ID number, or program activity.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Retention and Disposal: EPA will retain and dispose of these
records in accordance with the EPA Records Schedule 089 and the
National Archives and Records Administration General Records Schedule
23/8. Application records maintained in the system are deleted/
destroyed two years after the date of the last entry.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Safeguards: Physical access to the system housed in the facility at
RTP is controlled by a computerized badge-reading system, with security
patrols during non-business hours. All interactions between the system
and the authorized individual users are recorded through use of a card
reader and tracking database. Paper records stored at EPA's Federal
program contractor and storage facility are protected by computerized
badge-reading security systems, with files maintained in locked file
drawers. Records stored at EPA offices are secured through building
security protocols and computerized badge-reading systems. FLPP's
Security Manager gives access and assigns the different access roles to
FLPP users. The FLPP database uses an authentication system to valid
FLPP users to have access to use the database.
RECORD ACCESS PROCEDURES:
Requesters seeking access to this system of records must follow the
``Notification Procedure'' listed below and will be required to provide
adequate identification (e.g., driver's license, military
identification card, employee badge or identification card). Additional
identity verification procedures may be required as warranted. Requests
must meet the requirements of EPA regulations at 40 CFR part 16.
CONTESTING RECORD PROCEDURES:
If you wish to contest a record in the system of records, contact
the Agency's National Privacy Program as described under ``Notification
Procedure'' listed below. Your written inquiry should identify the
record(s) to be corrected, the corrective action sought, including any
requested amendment to the records, and any supporting documentation
you consider relevant to EPA's consideration of your request.
NOTIFICATION PROCEDURE:
Requests to determine whether this system of records contains a
record pertaining to you must be sent to the Agency's National Privacy
Program. The address is: U.S. Environmental Protection Agency; 1200
Pennsylvania Ave. NW, Room 2335 West; Washington, DC 20460; (202) 566-
1668; Email: (privacy@epa.gov); Attn: Agency Privacy Officer.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
70 FR 35251--Established a new System of Records (SOR) under the
Federal Lead-Based Paint Program (June 17, 2005).
74 FR 42298--Amended an existing system of records (SOR) by
changing the title of ``Lead-Based Paint System of Records'' (LPSOR) to
the ``Federal Lead-Based Paint Program System of Records'' (FLPPSOR).
Dated: September 11, 2018.
Vaughn Noga,
Principal Deputy Assistant Administrator.
[FR Doc. 2019-03107 Filed 2-21-19; 8:45 am]
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