Privacy Act of 1974; System of Records

CourtEnvironmental Protection Agency
Citation87 FR 959
Record Number2022-00068
Publication Date07 January 2022
959
Federal Register / Vol. 87, No. 5 / Friday, January 7, 2022 / Notices
disabilities, please contact Mr. Aaron
Yeow at (202) 564–2050 or yeow.aaron@
epa.gov. To request accommodation of a
disability, please contact the DFO, at the
contact information noted above,
preferably at least ten days prior to each
meeting, to give EPA as much time as
possible to process your request.
Thomas H. Brennan,
Director, Science Advisory Board Staff Office.
[FR Doc. 2022–00110 Filed 1–6–22; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9302–01–OMS]
Privacy Act of 1974; System of
Records
AGENCY
: Office of Land and Emergency
Management (OLEM), Environmental
Protection Agency (EPA).
ACTION
: Notice of a modified system of
records.
SUMMARY
: The U.S. Environmental
Protection Agency’s (EPA), Office of
Land and Emergency Management
(OLEM) is giving notice that it proposes
to modify a system of records pursuant
to the provisions of the Privacy Act of
1974. Environmental Assessments of
Residential Properties (EARP) is being
modified to further clarify the nature of
the information, and the ways in which
that information may be used and
shared with parties who are part of the
evaluation and coordination process.
This system of records contains
information of individuals that is
collected in the course of response and
environmental assessment actions,
including actions taken under a variety
of EPA authorities. The information
maintained under this System of
Records Notice (SORN) is needed to
support EPA’s decision-making process
on what actions may be necessary to
address potential environmental
impacts at residential properties,
including necessary investigation and
cleanup activities. This information is
collected to ensure an appropriate and
cohesive response to situations that may
require EPA response activities, and to
protect the health and welfare of
residents who may be affected by
conditions that present a potential
environmental or public health threat.
The information is maintained as
needed for consideration and
coordination of environmental response
activities. This information may include
individuals’ contact information,
information related to their address or
place of residence, correspondence, and
related environmental and public health
information collected in the course of
investigation, sampling, and cleanup
work, as described in further detail
below. All exemptions and provisions
included in the previously published
SORN for EARP will transfer to the
modified SORN for EARP.
DATES
: Persons wishing to comment on
this system of records notice must do so
by February 7, 2022. New routine uses
for this modified system of records will
be effective February 7, 2022.
ADDRESSES
: Submit your comments,
identified by Docket ID No. EPA–HQ–
OLEM–2021–0038, by one of the
following methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Email: docket_oms@epa.gov. Include
the Docket ID number in the subject line
of the message.
Fax: (202) 566–1752.
Mail: OMS Docket, Environmental
Protection Agency, Mail Code: 2822T,
1200 Pennsylvania Ave. NW,
Washington, DC 20460.
Hand Delivery: OMS Docket, EPA/DC,
WJC West Building, Room 3334, 1301
Constitution Ave. NW, Washington, DC
20460. 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–OLEM–2021–
0038. 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 https://
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 https://
www.regulations.gov. The https://
www.regulations.gov website is an
‘‘anonymous access’’ system for the
EPA, which means the EPA will not
know your identity or contact
information. 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. If you send an email
comment directly to the EPA without
going through https://
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.
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 public docket, visit the
EPA Docket Center homepage at https://
www.epa.gov/dockets.
Docket: All documents in the docket
are listed in the https://
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 https://
www.regulations.gov or in hard copy at
the OMS Docket, EPA/DC, WJC West
Building, Room 3334, 1301 Constitution
Ave. NW, Washington. DC 20460. The
Public Reading Room is normally 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 OMS
Docket is (202) 566–1752.
Temporary Hours During COVID–19
Out of an abundance of caution for
members of the public and our staff, the
EPA Docket Center and Reading Room
are closed to the public, with limited
exceptions, to reduce the risk of
transmitting COVID–19. Our Docket
Center staff will continue to provide
remote customer service via email,
phone, and webform. We encourage the
public to submit comments via https://
www.regulations.gov or email, as there
may be a delay in processing mail and
faxes. Hand deliveries and couriers may
be received by scheduled appointment
only. For further information on EPA
Docket Center services and the current
status, please visit us online at https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT
:
Joseph Schaefer, Office of Land and
Emergency Management (OLEM), Office
of Superfund Remediation and
Technology Information (OSRTI), Mail
Code 205A–ERT, Raritan Depot 2890
Woodbridge Avenue, Edison, NJ 08837;
telephone number (732) 906–6920;
Schaefer.Joe@epa.gov.
SUPPLEMENTARY INFORMATION
: EPA
created a Privacy Act system of records
to allow the agency to maintain records
that are necessary to conduct
environmental assessments at
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residential properties in order to
respond to emergency situations and
during environmental assessment
activities conducted by EPA under
many different programs including
Superfund (42 U.S.C. 9601 et seq.), the
Resource Conservation and Recovery
Act (42 U.S.C. 6901 et seq.), and the
Safe Drinking Water Act (42 U.S.C. 300f
et seq.). This system of records promotes
transparency, efficiency, and improved
environmental and health outcomes by
encompassing all records associated
with EPA residential assessment and
response work, including the database
repositories, field documentation, and
analytical reports.
The previous notices concerning this
system of records highlighted that EPA
is often required to support or work
closely with state and local agencies or
other federal agencies evaluating the
health and welfare of affected
communities. This cooperation and
coordination also extends to tribes and
tribal agencies.
The previous notices included a list of
the types of information commonly
gathered in environmental assessments
and responses, including: Names of
residents; address information; phone
number or other contact information;
test results from environmental
sampling; information about the
building structure, such as the age of the
structure, information about the service
lines, plumbing and pipe information,
and building materials in the structure;
information about the length of
residence or ownership of the structure;
and geographic information system
(GIS) coordinates. Typical types of
information may also include: Age;
medical and health information;
property ownership and property
management information; information
about physical dimensions of the
property and structures present on the
property; information about wells on the
property; information about how the
property is used; information about
sampling locations; and information
about prior environmental issues at the
property, including prior test results
and actions taken. Other site-specific
data elements may also be collected if
needed for the environmental
assessment or response activity.
As described in more detail in the
previous notices, information and data
collected in environmental assessments
and responses will generally be stored
in an agency-approved electronic
database, which will be managed by
EPA system administrators. Other
associated records may also be stored in
other agency-approved electronic or
paper formats, such as Microsoft Excel
spreadsheets, Microsoft Word
documents or tables, or in file folders in
secure locations. During the course of
the assessment and response, records
may also be temporarily stored off site
in secure facilities such as incident
command posts or EPA field offices
which are maintained and secured by
EPA staff.
The previous notices identified the
EPA staff and contractors who might
have access to the information in the
system of records. The notices also
stated that in appropriate
circumstances, limited access to the
database systems may be provided to
state and local public health authorities
in conformity with federal, state, and
local laws when necessary to protect the
environment or public health or safety.
To clarify and emphasize the value of
inter-governmental coordination and
communication, the previous notices
are now clarified to confirm that routine
uses may include disclosure to any
appropriate federal, state, local, and
tribal authorities when necessary to
protect the environment or public
health or safety, including carrying out
an investigation or response.
Information may also be shared with
state agencies and with the public as
part of their participation in the
Superfund evaluation and decision-
making process. This may include
public disclosure of addresses where
EPA determines cleanup actions are
required. In cases of emergency, EPA
may also need to share information with
members of the public to assure
protection of the environment, and
public health and safety.
SYSTEM NAME AND NUMBER
:
Environmental Assessments of
Residential Properties (EARP), EPA–74.
SECURITY CLASSIFICATION
:
Unclassified.
SYSTEM LOCATION
:
The system is managed by EPA’s
Office of Land and Emergency
Management (OLEM), 1200
Pennsylvania Ave. NW, Mail Code 5103
T, Washington, DC 20460. Information
maintained pursuant to this notice may
be located at EPA Headquarters Offices
or at EPA Regional Offices, or at field
offices established as part of the
residential assessment field work,
depending upon the location where the
environmental assessment is conducted
or where computer resources are
located. Databases may be hosted at the
EPA’s National Computer Center located
at 109 T.W. Alexandra Drive, Durham,
NC 27709, or in OLEM’s emergency
response cloud hosting environment.
SYSTEM MANAGER
(
S
):
Joseph Schaefer, Physical Scientist
(Environmental), Office of Land and
Emergency Management (OLEM), Office
of Superfund Remediation and
Technology Information (OSRTI), Mail
Code 205A–ERT, Raritan Depot 2890
Woodbridge Avenue, Edison, NJ 08837;
telephone number (732) 906–6920;
Schaefer.Joe@epa.gov.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM
:
Resource Conservation and Recovery
Act (RCRA), 42 U.S.C. 6981;
Comprehensive Environmental
Response, Compensation and Liability
Act (CERCLA), 42 U.S.C. 9604, 9660;
Clean Air Act (CAA), 42 U.S.C. 7403;
Safe Drinking Water Act (SDWA), 42
U.S.C. 300i; 300j–1; Federal Water
Pollution Control Act, (FWPCA) 33
U.S.C. 1254, 1318, 1321; Toxic
Substances Control Act (TSCA), 15
U.S.C. 2609; Federal Insecticide,
Fungicide, and Rodenticide Act,
(FIFRA) 7 U.S.C. 136r.
PURPOSE
(
S
)
OF THE SYSTEM
:
The EPA has created a Privacy Act
system of records to allow EPA to
maintain records that are necessary to
conduct environmental assessments at
residential properties in order to
respond to emergency situations and
during environmental assessment
activities conducted by EPA under
many different programs including
Superfund, RCRA, and the SDWA. This
system of records promotes
transparency, efficiency, and improved
environmental and health outcomes by
encompassing all of the records
associated with EPA residential
assessment and response work,
including the database repositories,
field documentation and analytical
reports. Over the course of these
assessments EPA is often required to
support or work closely with state and
local agencies or other federal agencies
to evaluate the health and welfare of
affected communities. EPA’s
environmental assessment activities at
residential properties include:
Obtaining and tracking legal access to
the properties; gathering environmental
data through sampling activities, such
as sampling air, water, soil, or other
environmental media at sites; collecting
structural information such as the age of
the structure, information about the
service lines, plumbing and pipe
information, and building materials in
the structure, information about the
length of residence or ownership of the
structure, and GIS coordinates; and
collecting residential contact
information such as name, address, and
phone number to allow response teams
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to correspond with individuals affected
by environmental contamination.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM
:
Members of the public such as
residents, property owners, property
managers, and other individuals who
may be associated with a property
whose information needs to be collected
as part of EPA’s environmental
assessment and response activities. In
addition, EPA staff, contractors,
grantees, or any other individuals
engaged in response activities
(including state, local, and tribal
employees) may have their information
in the system such as name, office
address, and contact information to
facilitate assessment and response
activities.
CATEGORIES OF RECORDS IN THE SYSTEM
:
The types of data collected in
environmental assessments and
responses include names of residents;
names of property owners; tenant
information; names of property
managers; address information; phone
number or other contact information;
test results from environmental
sampling; medical and health
information; information about
residential structures such as the age of
the structure, information about the
service lines, plumbing and pipe
information, and building materials in
the structure; information about the
length of residence or ownership of the
structure; GIS coordinates; age; property
ownership and management
information; information about physical
dimensions of the property and
structures present on the property;
information about wells on the property;
information about uses of the property;
information about sampling locations;
and information about prior
environmental issues at the property,
including prior test results and actions
taken. Other site-specific data elements
may also be collected if needed for the
environmental assessment or emergency
response activity.
RECORD SOURCE CATEGORIES
:
Records within this system of records
are obtained by EPA employees,
contractors, or grantees collecting
environmental assessment data and
sample information at residential sites,
or from state or local governments who
have collected environmental
assessment information as part of their
response authorities. Environmental
assessment data is received from
interviews with residents, property
owners, property managers, and other
individuals who may be associated with
a property, local public records such as
property tax data, from inspections of
residential properties, from residential
property records or other public records,
and from other on-site sources such as
EPA or contracted laboratories and EPA
or contracted GIS systems.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM
,
INCLUDING CATEGORIES OF USERS AND
PURPOSES OF SUCH USES
:
The routine uses below are both
related to and compatible with the
original purpose for which the
information was collected. The
following general routine uses apply to
this system:
A. Disclosure for Law Enforcement
Purposes: Information may be disclosed
to the appropriate Federal, State, local,
tribal, or foreign agency responsible for
investigating, prosecuting, enforcing, or
implementing a statute, rule, regulation,
or order, if the information is relevant
to a violation or potential violation of
civil or criminal law or regulation
within the jurisdiction of the receiving
entity.
B. Disclosure Incident to Requesting
Information: Information may be
disclosed to any source from which
additional information is requested (to
the extent necessary to identify the
individual, inform the source of the
purpose of the request, and to identify
the type of information requested,)
when necessary to obtain information
relevant to an agency decision
concerning retention of an employee or
other personnel action (other than
hiring,) retention of a security clearance,
the letting of a contract, or the issuance
or retention of a grant, or other benefit.
D. Disclosure to Office of Management
and Budget: Information may be
disclosed to the Office of Management
and Budget at any stage in the
legislative coordination and clearance
process in connection with private relief
legislation as set forth in OMB Circular
No. A–19.
E. Disclosure to Congressional Offices:
Information may be disclosed to a
congressional office from the record of
an individual in response to an inquiry
from the congressional office made at
the request of the individual.
F. Disclosure to Department of Justice:
Information may be disclosed to the
Department of Justice, or in a
proceeding before a court, adjudicative
body, or other administrative body
before which the Agency is authorized
to appear, when:
1. The Agency, or any component
thereof;
2. Any employee of the Agency in his
or her official capacity;
3. Any employee of the Agency in his
or her individual capacity where the
Department of Justice or the Agency
have agreed to represent the employee;
or
4. The United States, if the Agency
determines that litigation is likely to
affect the Agency or any of its
components,
Is a party to litigation or has an
interest in such litigation, and the use
of such records by the Department of
Justice or the Agency is deemed by the
Agency to be relevant and necessary to
the litigation provided, however, that in
each case it has been determined that
the disclosure is compatible with the
purpose for which the records were
collected.
G. Disclosure to the National
Archives: Information may be disclosed
to the National Archives and Records
Administration in records management
inspections.
H. Disclosure to Contractors,
Grantees, and Others: Information may
be disclosed to contractors, grantees,
consultants, or volunteers performing or
working on a contract, service, grant,
cooperative agreement, job, or other
activity for the Agency and who have a
need to have access to the information
in the performance of their duties or
activities for the Agency. When
appropriate, recipients will be required
to comply with the requirements of the
Privacy Act of 1974 as provided in 5
U.S.C. 552a(m).
K. Disclosure in Connection With
Litigation: Information from this system
of records may be disclosed in
connection with litigation or settlement
discussions regarding claims by or
against the Agency, including public
filing with a court, to the extent that
disclosure of the information is relevant
and necessary to the litigation or
discussions 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).
The two routine uses below (L and M)
are required by OMB Memorandum M–
17–12.
L. Disclosure to Persons or Entities in
Response to an Actual or Suspected
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, (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
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to respond to the suspected or
confirmed breach or to prevent,
minimize, or remedy such harm.
M. Disclosure to Assist Another
Agency in Its Efforts to Respond to a
Breach of Personally Identifiable
Information: 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.
Additional routine uses that apply to
this system are:
1. Records may be disclosed to
federal, state, local, and tribal
authorities in conformity with federal,
state, local, and tribal laws when
necessary to protect the environment or
public health or safety, including
carrying out an investigation or
response. Personal medical records will
not be shared. Information sharing
agreements may be used as a
mechanism to define appropriate
limitations on use and disclosure of
Privacy Act information by state, tribal,
and local officials. Relevant federal,
state, tribal, and local laws may also
provide assurance that the information
will be kept confidential. Information
may also be shared with state agencies
and with the public as part of their
participation in the Superfund
evaluation and decision-making
process. This may include public
disclosure of addresses where EPA
determines cleanup actions are
required.
2. In case of emergency, EPA may
need to share information with members
of the public to assure protection of the
environment or public health and
safety.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS
:
These records are maintained
electronically on computer storage
devices such as computer tapes and
disks. The computer storage devices are
located at EPA OLEM. Backup will be
maintained at a disaster recovery site.
Computer records are maintained in a
secure password protected environment.
Access to computer records is limited to
those who have a need to know. Other
associated records may also be stored in
other electronic or paper formats, such
as Microsoft Excel spreadsheets,
Microsoft Word documents or tables, or
in file folders. During the course of the
assessment, records may also be
temporarily stored off-site in secure
facilities such as incident command
posts or EPA field offices which are
maintained and secured by EPA staff.
Permission level assignments will allow
users access only to those functions for
which they are authorized. All records
are maintained in secure, access-
controlled areas or buildings.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS
:
Information may be retrieved by any
collected data element, such as a
resident’s name or address, or
information may be retrieved by GIS
coordinates or by identifying numbers
assigned to a person, sampling location,
or residence.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS
:
Records maintained in this system are
subject to record schedule 1036, which
is still being finalized.
ADMINISTRATIVE
,
TECHNICAL
,
AND PHYSICAL
SAFEGUARDS
:
Security controls used to protect
personal sensitive data in
Environmental Assessments of
Residential Properties are
commensurate with those required for
an information system rated
MODERATE for confidentiality,
integrity, and availability, as prescribed
in National Institute of Standards and
Technology (NIST) Special Publication,
800–53, ‘‘Security and Privacy Controls
for Information Systems and
Organizations,’’ Revision 5.
ADMINISTRATIVE SAFEGUARDS
For documents in EPA database
systems, those systems have a single
point of access via a front-end Portal.
All users are required to complete a new
user form (signed by their supervisor)
and take online security training before
they are provided with access. All
authorized users of the EARP
application are required to take an
annual security training identifying the
user’s role and responsibilities for
protecting the Agency’s information
resources, as well as, consequences for
not adhering to the policy. Similarly,
those documents maintained on Agency
computers prior to placement in EARP
are protected by passwords and/or
Personal Identity Verification, and all
agency users are required to complete a
new user form (signed by their
supervisor) and take computer security
training.
TECHNICAL SAFEGUARDS
Electronic records are maintained in a
secure, password protected electronic
system.
PHYSICAL SAFEGUARDS
Paper files are maintained in locked
file cabinets when not in use by EPA
emergency response staff. All records
are maintained in secure, access-
controlled areas or buildings.
RECORD ACCESS PROCEDURES
:
Individuals seeking access to
information in this system of records
about themselves are 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 that
implement the Privacy Act of 1974, at
40 CFR part 16.
CONTESTING RECORD PROCEDURES
:
Requests for correction or amendment
must identify the record to be changed
and the corrective action sought.
Complete EPA Privacy Act procedures
are described in EPA’s Privacy Act
regulations at 40 CFR part 16.
NOTIFICATION PROCEDURES
:
Any individual who wants to know
whether this system of records contains
a record about him or her, should make
a written request to the EPA, Attn:
Agency Privacy Officer, MC 2831T,
1200 Pennsylvania Ave. NW,
Washington, DC 20460, privacy@
epa.gov.
EXEMPTIONS PROMULGATED FOR THE SYSTEM
:
None.
HISTORY
:
86 FR 23958 (May 5, 2021), 81 FR
23488 (April 21, 2016).
Vaughn Noga,
Senior Agency Official for Privacy.
[FR Doc. 2022–00068 Filed 1–6–22; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OAR–2004–0016; FRL–9383–01–
OAR]
Proposed Information Collection
Request; Comment Request; Part 71
Federal Operating Permit Program
(Renewal)
AGENCY
: Environmental Protection
Agency (EPA).
ACTION
: Notice.
SUMMARY
: The Environmental Protection
Agency is planning to submit an
information collection request (ICR),
‘‘Part 71 Federal Operating Permit
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