Privacy Act of 1974; System of Records, 5673-5676 [2019-03107]
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Federal Register / Vol. 84, No. 36 / Friday, February 22, 2019 / Notices
complete the Anti-backsliding Study on
or before March 30, 2020. In addition,
within three months of completing the
Anti-backsliding Study, if the parties
cannot reach an agreement on a
deadline for the Follow-up Action, they
will promptly submit a joint motion (or,
if the Parties are unable to agree,
separate motions) to govern further
proceedings.
For a period of thirty (30) days
following the date of publication of this
notice, the Agency will accept written
comments relating to the proposed
partial consent decree from persons who
are not named as parties or intervenors
to the litigation in question. EPA or the
Department of Justice may withdraw or
withhold consent to the proposed
partial consent decree if the comments
disclose facts or considerations that
indicate that such consent is
inappropriate, improper, inadequate, or
inconsistent with the requirements of
the Act.
II. Additional Information About
Commenting on the Proposed Partial
Consent Decree
A. How can I get a copy of the partial
consent decree?
The official public docket for this
action (identified by Docket ID No.
EPA–HQ–OGC–2018–0818) contains a
copy of the proposed partial consent
decree. The official public docket is
available for public viewing at the
Office of Environmental Information
(OEI) Docket in the EPA Docket Center,
EPA West, Room 3334, 1301
Constitution Ave. NW, Washington, DC.
The EPA Docket Center 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.
An electronic version of the public
docket is available through
www.regulations.gov. You may use
www.regulations.gov to submit or view
public comments, access the index
listing of the contents of the official
public docket, and access those
documents in the public docket that are
available electronically. Once in the
system, key in the appropriate docket
identification number then select
‘‘search.’’
It is important to note that EPA’s
policy is that public comments, whether
submitted electronically or in paper,
will be made available for public
viewing online at www.regulations.gov
without change, unless the comment
contains copyrighted material, CBI, or
other information whose disclosure is
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restricted by statute. Information
claimed as CBI and other information
whose disclosure is restricted by statute
is not included in the official public
docket or in the electronic public
docket. EPA’s policy is that copyrighted
material, including copyrighted material
contained in a public comment, will not
be placed in EPA’s electronic public
docket but will be available only in
printed, paper form in the official public
docket. Although not all docket
materials may be available
electronically, you may still access any
of the publicly available docket
materials through the EPA Docket
Center.
B. How and to whom do I submit
comments?
You may submit comments as
provided in the ADDRESSES section.
Please ensure that your comments are
submitted within the specified comment
period. Comments received after the
close of the comment period will be
marked ‘‘late.’’ EPA is not required to
consider these late comments.
If you submit an electronic comment,
EPA recommends that you include your
name, mailing address, and an email
address or other contact information in
the body of your comment and with any
disk or CD–ROM you submit. This
ensures that you can be identified as the
submitter of the comment and allows
EPA to contact you in case EPA cannot
read your comment due to technical
difficulties or needs further information
on the substance of your comment. Any
identifying or contact information
provided in the body of a comment will
be included as part of the comment that
is placed in the official public docket,
and made available in EPA’s electronic
public docket. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment.
Use of the www.regulations.gov
website to submit comments to EPA
electronically is EPA’s preferred method
for receiving comments. The electronic
public docket system is an ‘‘anonymous
access’’ system, which means EPA will
not know your identity, email address,
or other contact information unless you
provide it in the body of your comment.
In contrast to EPA’s electronic public
docket, EPA’s electronic mail (email)
system is not an ‘‘anonymous access’’
system. If you send an email comment
directly to the Docket without going
through www.regulations.gov, your
email address is automatically captured
and included as part of the comment
that is placed in the official public
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5673
docket, and made available in EPA’s
electronic public docket.
Dated: January 30, 2019.
Gautam Srinivasan,
Acting Associate General Counsel.
[FR Doc. 2019–03108 Filed 2–21–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
Privacy Act of 1974; System of
Records
Environmental Protection
Agency (EPA).
AGENCY:
ACTION:
Notice of a modified system of
records.
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 hardcopy 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.
SUMMARY:
Persons wishing to comment on
this system of records notice
amendment must do so by March 25,
2019.
DATES:
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Federal Register / Vol. 84, No. 36 / Friday, February 22, 2019 / Notices
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 https://www.epa.gov/
epahome/dockets.htm.
ADDRESSES:
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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 ChildOccupied 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 leadbased paint abatement activities and
accredited training providers to notify
EPA prior to teaching an abatement
training course and submit a posttraining 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
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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
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electronically via EPA’s CDX system to
the Agency and through various
documents under the Federal LeadBased 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
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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 leadbased 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:
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5675
(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,· (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
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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 badgereading 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 badgereading security systems, with files
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maintained in locked file drawers.
Records stored at EPA offices are
secured through building security
protocols and computerized badgereading 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 LeadBased 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]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OAR–2004–0082; FRL–9988–73–
OEI]
Information Collection Request
Submitted to OMB for Review and
Approval; Comment Request; EPA’s
Natural Gas STAR Program (Renewal)
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
The Environmental Protection
Agency (EPA) has submitted an
information collection request (ICR),
EPA’s Natural Gas STAR Program (EPA
ICR No. 1736.08, OMB Control No.
2060–0328) to the Office of Management
and Budget (OMB) for review and
approval in accordance with the
Paperwork Reduction Act. This is a
renewal with modification of the
existing ICR which expires on March 31,
2019. Public comments were previously
requested via the Federal Register on
September 5, 2018 during a 60-day
comment period. This notice allows for
an additional 30 days for public
comments. A fuller description of the
ICR is given below, including its
estimated burden and cost to the public.
An agency may not conduct or sponsor
and a person is not required to respond
to a collection of information unless it
displays a currently valid OMB control
number.
DATES: Additional comments may be
submitted on or before March 25, 2019.
ADDRESSES: Submit your comments,
referencing Docket ID Number EPA–
HQ–OAR–2004–0082 to (1) EPA online
using www.regulations.gov (our
preferred method), by email to a-and-rDocket@epa.gov, or by mail to: EPA
Docket Center, Environmental
Protection Agency, Mail Code 28221T,
1200 Pennsylvania Ave. NW,
Washington, DC 20460, and (2) OMB via
email to oira_submission@omb.eop.gov.
Address comments to OMB Desk Officer
for EPA.
EPA’s policy is that all comments
received will be included in the public
docket without change including any
personal information provided, unless
the comment includes profanity, threats,
information claimed to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute.
FOR FURTHER INFORMATION CONTACT:
Jerome Blackman, Office of
Atmospheric Programs, Climate Change
Division, (6207A), Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW, Washington, DC 20460;
SUMMARY:
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Agencies
[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]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
Privacy Act of 1974; System of Records
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of a modified system of records.
-----------------------------------------------------------------------
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 https://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]
BILLING CODE 6560-50-P