Privacy Act of 1974; System of Records
| Citation | 84 FR 37866 |
| Record Number | 2019-16565 |
| Published date | 02 August 2019 |
| Section | Notices |
| Court | Environmental Protection Agency |
Federal Register, Volume 84 Issue 149 (Friday, August 2, 2019)
[Federal Register Volume 84, Number 149 (Friday, August 2, 2019)]
[Notices]
[Pages 37866-37869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16565]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-9996-30-OMS]
Privacy Act of 1974; System of Records
AGENCY: Office of Mission Support, Environmental Protection Agency
(EPA).
ACTION: Notice of modification of system of records.
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SUMMARY: The Environmental Protection Agency (EPA) is revamping and
renaming the Office of Criminal Enforcement Forensics and Training's
(OCEFT) recordkeeping system for criminal cases. The back-end
technology and user interface software are new, but the entirety of the
content of OCEFT's current system, EPA 17, Criminal Investigative Files
and Index, is being retained in the modified and renamed system. The
new name of the modified system EPA-17 is ``Online Criminal Enforcement
Activities Network (OCEAN).'' In addition, EPA is adding to the current
system contents, a category of records related to EPA Criminal
Investigation Division, National Capital Area Office (NCAO)'s,
protective service detail responsibilities regarding threat information
received by the Agency. The EPA-17 exemption from certain Privacy Act
provisions applies as well to this new category of threat information
records.
DATES: Persons wishing to comment on this system of records notice must
do so by September 3, 2019. New or Modified routine uses for this
modified system of records will be effective September 3, 2019.
ADDRESSES: Submit your comments, identified by Docket ID No OMS-2019-
0094, by one of the following methods:
Regulations.gov: www.regulations.gov Follow the online instructions
for submitting comments.
Email: [email protected].
Fax: 202-566-1752.
Mail: OEI Docket, Environmental Protection Agency, Mailcode: 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. OMS-2019-0094.
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 Controlled
Unclassified Information (CUI) or other information for which
disclosure is restricted by statute. Do not submit information that you
consider to be CUI 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. 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., CUI 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: Eric Blank, Senior Technical
Information Specialist, Operations Branch, Criminal Investigations
Division, Office of Criminal Enforcement, Forensics and Training,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW (Mail Code
2232A), Washington, DC 20004; [email protected] (202-566-0656).
SUPPLEMENTARY INFORMATION: Purpose of recordkeeping system is to update
the backend technology, increase capacity to store and maintain large
documents (such as high definition photos and recordings), improve
user-interface, and manage criminal case and Protective Service Detail
records. The current system's software is out of date and requires
modernization to improve user friendliness and efficiency, and expanded
capacity, which the new software will provide. The current system's
record content will be managed by the modified system, but in addition
the modified system will contain records of and related to threats of
harm against senior EPA officials and their family members, received by
EPA and handled by OCEFT's Protect Services Detail (``PSD records'').
The purpose of the expanded record content is to provide a central and
accessible electronic recordkeeping location for such PSD records. The
purpose of the software update is to modernize and improve the current
electronic recordkeeping system, called the Criminal Investigative
Index and Files, or Case Reporting System (CCRS).
SYSTEM NAME AND NUMBER: EPA 17
Online Criminal Enforcement Activities Network (OCEAN).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
EPA Office of Criminal Enforcement, Forensics and Training, 1200
Pennsylvania Avenue NW, Washington, DC 20004. Access to records is also
available to authorized EPA personnel
[[Page 37867]]
at the field offices of the OCEFT Criminal Investigation Division,
listed in the Appendix to this Notice.
SYSTEM MANAGER(S):
Eric Blank, Senior Technical Information Specialist, Operations
Branch, Criminal Investigations Division, Office of Criminal
Enforcement, Forensics and Training, Environmental Protection Agency,
1200 Pennsylvania Ave. NW (Mail Code 2232A), Washington, DC 20004;
[email protected] (202-566-0656)
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
18 U.S.C. 3063; Comprehensive Environmental Response, Compensation
and Liability Act, 42 U.S.C. 9601 et seq.; Solid Waste Disposal Act
(a.k.a., Resource Conservation and Recovery Act), 42 U.S.C. 6901 et
seq.; Federal Water Pollution Control Act (a.k.a., Clean Water Act), 33
U.S.C. 1251 et seq.; Toxic Substances Control Act, 15 U.S.C. 2601 et
seq.; Clean Air Act, 42 U.S.C. 7401 et seq.; Federal Insecticide,
Fungicide and Rodenticide Act, 7 U.S.C. 136 et seq.; Public Health
Service Act (a.k.a., Safe Drinking Water Act), 42 U.S.C. 300f et seq.;
Emergency Planning and Community Right-To-Know Act of 1986, 42 U.S.C.
11001 et seq.; and the Marine Protection, Research, and Sanctuaries Act
of 1972 (a.k.a., Ocean Dumping Act), 33 U.S.C. 1401 et seq.; Crimes and
Criminal Procedure, 18 U.S.C. 1 et seq.
PURPOSE(S) OF THE SYSTEM:
1. To support, further, and document the investigation of persons
or organizations alleged to have criminally violated any environmental
statute or regulation, or to have violated other federal statutes in
conjunction with such environmental violations.
2. In addition, to facilitate protection of EPA's Administrator,
the system will include information on individuals or entities that
threaten physical harm to the EPA Administrator, other agency senior
officials, or their family members, in violation of federal criminal
statutes. All lead information on threats will be referred to the
Office of Inspector General (OIG), which is responsible for the
investigation of threats against EPA personnel.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
1. (a) Subjects of investigations about whom data has been
collected by criminal investigators of the Office of Criminal
Enforcement, Forensics and Training, Criminal Investigation Division,
and assembled in the form of investigative reports concerning
violations of federal criminal statutes; and (b) persons who have made
threats of physical harm to the EPA Administrator, other senior agency
officials, or their family members (this information will also be
referred to the Office of Inspector General).
2. Persons who provide information and evidence used to
substantiate environmental criminal violations or threats of physical
harm to the EPA Administrator, other senior agency officials, or their
family members.
3. OCEFT criminal investigators and other governmental personnel
who participate in investigations, such as EPA Regional Criminal
Enforcement Counsel (RCECs); Assistant U.S. Attorneys (AUSAs) and other
trial attorneys of the Department of Justice; federal criminal
investigators of partner federal agencies, such as the Federal Bureau
of Investigations (FBI); and criminal investigators or prosecutors of
partner state criminal law enforcement agencies.
CATEGORIES OF RECORDS IN THE SYSTEM:
1. Investigative Case Management System. The Online Criminal
Enforcement Activities Network contains selected information from the
criminal investigative files. Such information includes, name, address,
telephone number; prior/secondary residences, vehicle information,
associated persons (name and role), driver's licenses/aliases,
associated companies (name and role), identifying numbers (number type,
number and brief description; including Social Security Number,
Passport number, Immigration ID number, US Marshall Service number,
State ID number, etc.), corporate data (company name, address,
telephone number), corporate vehicle information, corporate identifying
numbers, case information (e.g., case opened, date referred to EPA),
criminal investigator comments, name and office of criminal
investigator, dissemination information (e.g., which other agency
requested the information), and other related investigative
information.
2. Investigative Files. The investigative files housed within OCEAN
contain all information relating to an investigative matter which can
be stored electronically. In addition to the information contained in
the computerized case management system, the investigative files
contain, but are not limited to, correspondence (case coordination
reports, memos of conversation, and other records of communication
relating to the investigation), interviews (witness interview
statements generated by either an OCEFT/CID special agent or another
agency or person), regulatory history (permits and reports generated as
a result of normal program activity), technical support (program
reports generated as a result of the investigation), investigative
notes, electronic monitoring (reports requesting permission and use,
transcripts of tapes), records checks (personal history, police
information, fingerprint cards, photographs), property reports,
electronic copies or images of property or physical evidence obtained
and retained by OCEFT/CID including documents personal property and
electronic evidence, manifests and other related investigative
information and open source online information.
3. Threat Information. All information related to any individuals
or entities that threaten physical harm to the EPA Administrator,
senior agency officials, or their family members, in violation of
federal criminal statutes. In addition to the information contained in
the computerized case management system, the investigative leads files
may contain, but are not limited to, digital copies or transcripts of
the subject threat, witness statements, records checks (personal
history, police information, fingerprint cards, photographs), property
reports, electronic copies or images of property obtained and retained
by OCEFT/CID including documents, personal property and electronic
evidence and other related information, open source online information,
investigative reports and other information received from other law
enforcement agencies and the EPA OIG.
4. Case Management System. The Online Criminal Enforcement
Activities Network is the computerized management information system
for the Criminal Investigation Division, which reflects the activity
and productivity of individual agents and each OCEFT/CID office. It is
also the primary source for assembling statistical data for OCEFT/CID.
The Online Criminal Enforcement Activities Network contains the OCEFT/
CID case number, the case name, the most recent investigative or
prosecutorial activity, the involved environmental media and
environmental statutes, government employees involved in the
investigation, case status and case closure codes. The case name may be
either a company name or the name of a person that denotes the subject
of the investigation.
RECORD SOURCE CATEGORIES:
EPA employees and officials, employees of Federal contractors,
employees of other Federal agencies and of state, local, tribal, and
foreign agencies, witnesses, informants, public source materials, and
other persons who
[[Page 37868]]
may have information relevant to OCEFT/CID investigations.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
The following new routine uses apply to this system because the use
of the record is necessary for the efficient conduct of government
operations. The routine uses are related to and compatible with the
original purpose for which the information was collected. General
Routine Uses A, C, D, E, F, G, H, and K apply to this system (73 FR
2245). Records may also be disclosed:
1. To a potential source of information to the extent necessary to
elicit information or to obtain cooperation of that source in
furtherance of an EPA criminal investigation or protective service
detail investigation.
2. To the Department of Justice for consultation about what
information and records are required to be publicly released under
federal law.
3. To a federal agency in response to a valid subpoena.
4. To Federal and state government agencies responsible for
administering suspension and debarment programs.
5. To international law enforcement organizations if the
information is relevant to a violation or potential violation of civil
or criminal law or regulation within the jurisdiction of the
organization or a law enforcement agency that is a member of the
organization.
6. To the news media and public unless it is determined that the
release of the specific information in the context of a particular case
would constitute an unwarranted invasion of privacy.
7. To any person if the EPA determines that compelling
circumstances affecting human health, the environment, property, or
personal safety warrant the disclosure.
8. In connection with criminal prosecution or plea negotiations to
the extent that disclosure of the information is relevant and necessary
to the prosecution or negotiation and except where court orders are
otherwise required under section (b)(11) of the Privacy Act of 1974, 5
U.S.C. 552a(b)(11).
9. To the Office of Inspector General, which is responsible for
investigating threats to the Administrator and other agency officials.
10. 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; (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.
11. 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 security, resulting from a
suspected or confirmed breach.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
The EPA OCEFT currently stores and manages records related to
environmental and related non-environmental criminal investigations in
a centralized electronic recordkeeping system, EPA 17, Criminal
Investigative Index and Files. This computer recordkeeping system, and
the modified system that will replace it (OCEAN), involve the ``cloud''
storage of electronic records obtained or created by OCEFT criminal
investigators.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Files are assigned a case file number and records are maintained in
numerical order in a web-based computer system with access controls.
Access to records is obtained by entering user IDs and passwords then
conducting computer database searches using relevant search terms and
software programs. The system also allows for printing of records.
Information on individuals may be retrieved through the computer case
management system which can use, among other things, case titles, the
names of individuals, organization names, driver's license numbers,
vehicle or tag or vehicle identification numbers and other identifying
numbers.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Retention and Disposal: The manner of Retention and Disposal of the
Online Criminal Enforcement Activities Network and files will mirror
the current disposition of electronic records in the OCEFT Criminal
Investigation Index and Files system (EPA-17), known as the Criminal
Case Report System, or (CCRS) under EPA Records Schedule 684. These
records are scheduled as permanent retention.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Computer records are maintained in a secure, password protected
computer system. All records are maintained in secure, access-
controlled websites. The case management system maintains a user log
that identifies and records persons who access and use the system.
Computer-stored information is protected in accordance with the
Agency's security requirements. No unauthorized individuals may access
the physical equipment on which the system resides. Accounts can only
be created by the system administrator or assistant system
administrators.
RECORD ACCESS PROCEDURES:
To the extent permitted under the Privacy Act of 1974, 5 U.S.C.
552a(j)(2) or (k)(2), this system has been exempted from the provisions
of the Privacy Act of 1974 that permit access and correction. See, 40
CFR 16.11 and 16.12. These same authorities and exemptions also apply
to the threat information to be held by the modified system. Exemptions
from access may be complete or partial, depending on the applicable
exemption. However, EPA may, in its discretion, grant individual
requests for access and correction if it determines that the exercise
of these rights will not interfere with an interest that the exemption
is intended to protect.
CONTESTING RECORD PROCEDURES
Pursuant to the authorities set out in 40 CFR 16.11 and 16.12,
exempting federal criminal investigatory agencies from specified
provisions of the Privacy Act, individuals do not have the opportunity
to decline to provide information to, or to opt out of the collection
or sharing of their information by OCEFT criminal investigators. These
same authorities and exemptions also apply to the threat information to
be held by the OCEAN system. The EPA's procedures for making a Privacy
Act request can be found in EPA's Privacy Act regulations at 40 CFR
part 16.
NOTIFICATION PROCEDURE:
Requests for correction or amendment must identify the record to be
changed and the corrective action sought. Complete EPA Privacy Act
procedures are set out in 40 CFR part 16.
[[Page 37869]]
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
Pursuant to 5 U.S.C. 552a(j)(2) this system is exempt from the
following provisions of the Privacy Act: 5 U.S.C. 552a(c)(3) and (4);
(d); (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(5) and (e)(8);
(f)(2) through (5); and (g). Pursuant to 5 U.S.C. 552a(k)(2), this
system is exempt from the following provisions of the Privacy Act,
subject to the limitations set forth in that subsection: 5 U.S.C.
552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), and (f)(2) through (5).
See, 40 CFR 16.11 and 16.12.
HISTORY:
71 FR 234--January 4, 2006--Republication of Exempted System of
Records (EPA-17)
66 FR 49947--October 1, 2001--Creation of the OCEFT/NEIC Master
Tracking System of Records (EPA-46)
Appendix to Online Criminal Enforcement Activities Network
Criminal Investigation Division offices where system records may be
accessed online:
Boston Area Office, EPA/Criminal Investigation Division, 5
Post Office Square, Suite 100, 15th Floor, Boston, Massachusetts 02109-
3912
New York Area Office, EPA/Criminal Investigation Division,
290 Broadway (2C100), Room 1551, New York, New York 10007-1866
Buffalo Resident Office, EPA/Criminal Investigation
Division, 138 Delaware Avenue, Room 525, Buffalo, New York 14202
Syracuse Domicile Office, EPA/Criminal Investigation
Division, 441 S. Salina Street, 6th Floor, Box 349, Syracuse, New York
13202
Philadelphia Area Office, EPA/Criminal Investigation
Division, 1650 Arch Street (3CE00), Philadelphia, Pennsylvania 19103-
2029
Baltimore Resident Office, EPA/Criminal Investigation
Division, 701 Mapes Road, Suite E230, Environmental Science Center,
Fort George G. Meade, Maryland 20755-5350
Atlanta Area Office, EPA/Criminal Investigation Division,
61 Forsyth Street, Suite 16T90, Sam Nunn Atlanta Federal Center,
Atlanta, Georgia 30303
Tampa Resident Office, EPA/Criminal Investigation
Division, 2203 N Lois Avenue, Suite 815, Tampa, Florida 33607
Miami Resident Office, EPA/Criminal Investigation
Division, 909 SE First Avenue, Suite 700, Brickell Plaza Federal
Building, Miami, FL 33131
Nashville Domicile Office, EPA/Criminal Investigation
Division, 801 Broadway, Suite 312, Nashville, Tennessee 37203
Chicago Area Office, EPA/Criminal Investigation Division,
77 West Jackson, Chicago, Illinois 60604
Dallas Area Office, EPA/Criminal Investigation Division,
Fountain Place, 1445 Ross Avenue, (6CID), Suite 1200, Dallas, Texas
75202-2733
Houston Resident Office, EPA/Criminal Investigation
Division, 1919 Smith Street, Suite 9004, Houston, Texas 77002-8049
Kansas City Area Office, EPA/Criminal Investigation
Division, 11201 Renner Blvd., Lenexa, Kansas 66219
St. Louis Resident Office, EPA/Criminal Investigation
Division, 1222 Spruce Street, Room 2.102G, Robert A. Young Federal
Building, St. Louis, Missouri 63103
Denver Area Office, EPA/Criminal Investigation Division,
1595 Wynkoop Street, Denver, Colorado 80202-1129
San Francisco Area Office, EPA/Criminal Investigation
Division, 75 Hawthorne St., 8th Floor, San Francisco, California 94105-
3901
Los Angeles Resident Office, EPA/Criminal Investigation
Division, 600 Wilshire Boulevard, Suite 900, Los Angeles, CA 90017-3212
Phoenix Domicile Office, EPA/Criminal Investigation
Division, Sandra Day O'Connor Federal Building, 401 W Washington St.,
SPC #9, Suite 415, Phoenix, Arizona 85003
Seattle Area Office, EPA/Criminal Investigation Division,
1200 Sixth Avenue, Suite 155, Seattle, Washington 98101-3140
Portland Resident Office, EPA/Criminal Investigation
Division, 805 SW Broadway, Suite 620, Portland, Oregon 97204
Dated: May 3, 2019.
Vaughn Noga,
Senior Agency Official for Privacy.
[FR Doc. 2019-16565 Filed 8-1-19; 8:45 am]
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