Privacy Act of 1974; System of Records, 37866-37869 [2019-16565]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[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 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., 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]
BILLING CODE 6560-50-P