Privacy Act of 1974; System of Records, 10197-10200 [2022-03832]

Download as PDF Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Notices 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, 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. EPA continues to carefully and continuously monitor information from the CDC, local area health departments, and our federal partners so that we can respond rapidly as conditions change regarding COVID–19. FOR FURTHER INFORMATION CONTACT: Ryland Shengzhi Li, Air and Radiation Law Office (mail code), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone (202) 564–6787; email address li.ryland@epa.gov. SUPPLEMENTARY INFORMATION: I. Obtaining a Copy of the Proposed Consent Decree The official public docket for this action (identified by Docket ID No. EPA–HQ–OGC–2022–0200) contains a copy of the proposed consent decree. The electronic version of the public docket for this action contains a copy of the proposed consent decree and is available through https:// www.regulations.gov. You may use https://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.’’ khammond on DSKJM1Z7X2PROD with NOTICES II. Additional Information About the Proposed Consent Decree The proposed consent decree would establish a June 3, 2022, deadline for EPA to establish the 2021 and 2022 renewable fuel standards (also known as renewable fuel obligations). EPA is obligated to establish the renewable fuel standards under 42 U.S.C. 7545(o)(3)(B)(i). The Agency was statutorily obligated to establish the 2021 renewable fuel standards by November 30, 2020, and to establish the VerDate Sep<11>2014 18:04 Feb 22, 2022 Jkt 256001 2022 renewable fuel standards by November 30, 2021. EPA proposed the renewable fuel standards for 2021 and 2022 on December 7, 2021. See 86 FR 72436 (published December 21, 2021). Under the proposed consent decree, EPA must sign the final rule establishing the 2021 and 2022 renewable fuel standards by June 3, 2022. The same rule proposing the 2021 and 2022 renewable fuel standards also proposed to revise the 2020 renewable fuel standards, which EPA had previously finalized in a separate rulemaking. 85 FR 7016 (February 6, 2020) (‘‘2020 Rule’’). Growth Energy and other parties have challenged the 2020 Rule in the D.C. Circuit. Growth Energy v. EPA, No. 20–1113 (D.C. Cir.) (consolidated under lead case RFS Power Coalition v. EPA, No. 20–1046 (D.C. Cir.)). In accordance with section 113(g) of the CAA, for a period of thirty (30) days following the date of publication of this document, the Agency will accept written comments relating to the proposed consent decree. EPA or the Department of Justice may withdraw or withhold consent to the proposed 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. III. Additional Information About Commenting on the Proposed Consent Decree Submit your comments, identified by Docket ID No. EPA–HQ–OGC–2022– 0200, via https://www.regulations.gov. Once submitted, comments cannot be edited or removed from this docket. EPA may publish any comment received to its public docket. Do not submit to EPA’s docket at https:// www.regulations.gov any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https:// www.epa.gov/dockets/commenting-epa- PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 10197 dockets. For additional information about submitting information identified as CBI, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section of this document. Note that written comments containing CBI and submitted by mail may be delayed and deliveries or couriers will be received by scheduled appointment only. 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. 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 https:// 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. 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. Gautam Srinivasan, Associate General Counsel. [FR Doc. 2022–03826 Filed 2–22–22; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–9446–01–OMS] Privacy Act of 1974; System of Records Office of Mission Support (OMS), Environmental Protection Agency (EPA). ACTION: Notice of a modified system of records. AGENCY: The U.S. Environmental Protection Agency’s (EPA or Agency), SUMMARY: E:\FR\FM\23FEN1.SGM 23FEN1 khammond on DSKJM1Z7X2PROD with NOTICES 10198 Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Notices Administrative IT System Support Staff, Office of Mission Support (OMS), is giving notice that it proposes to modify a system of records, Case Records System (CRS), pursuant to the provisions of the Privacy Act of 1974. EPA is modifying the Case Records System by renaming it to the Enterprise Legal Case Management System (ELCMS), consolidating information from other databases into the system, and moving it to a new enterprise platform, which is a platform that supports Agency-wide usage for Agency administrative legal proceedings. The purpose of the modified system is to manage the administrative adjudicatory proceedings held before the Agency through docketing, filing, case tracking, and document management and storage. Litigants, Agency attorneys and judges, and other interested parties may submit a variety of documents to the system, including pleadings, motions, briefs, exhibits, orders, hearing transcripts and initial decisions. DATES: Persons wishing to comment on this system of records notice must do so by March 25, 2022. New or modified routine uses for this modified system of records will be effective March 25, 2022. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– OEI–2014–0197, 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–OEI–2014– 0197. 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 VerDate Sep<11>2014 18:04 Feb 22, 2022 Jkt 256001 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. Docket Center services and the current status, please visit us online at https:// www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: Michael Hardy, Director, Administrative IT Systems Support Staff, Senior Information Technology Leader, Office of Mission Support, U.S. Environmental Protection Agency, Room 3352–L, WJC North—Mailcode 3102A, 1200 Pennsylvania Avenue, Washington, DC 20460, hardy.michael@epa.gov, 202– 564–7899, Nicole Williams, Office of Mission Support, U.S. Environmental Protection Agency, Room 3352–P, WJC North—Mailcode 3102A, 1200 Pennsylvania Avenue, Washington, DC 20460, williams.nicole@epa.gov, 202– 564–4026. SUPPLEMENTARY INFORMATION: EPA is modifying the Case Records System by renaming it to the Enterprise Legal Case Management System (ELCMS). EPA is also consolidating information from other databases into the system to modernize legacy applications under a single platform. The Agency conducts hearings and renders decisions in proceedings between the EPA and persons, businesses, government entities, and other organizations which are regulated, or alleged to be regulated, under environmental laws. ELCMS is a docketing, filing, case tracking, and document management system used for these proceedings. The system is maintained by the Office of Mission Support in Washington, DC and consists of electronic documents stored in a password-protected computer database. The system is accessible to Agency employees in connection with the performance of their authorized duties. 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 Electronic records are maintained by the Office of Mission Support (OMS), at EPA Headquarters, 1200 Pennsylvania Avenue NW, Washington, DC 20460 and national servers are located at the EPA National Computer Center (NCC) in Research Triangle Park, NC 27711. PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 SYSTEM NAME AND NUMBER: Enterprise Legal Case Management System (ELCMS), EPA–66. SECURITY CLASSIFICATION: Unclassified. SYSTEM LOCATION: SYSTEM MANAGER(S): Michael Hardy, Director, Strategic IT Investment Staff, Senior Information Technology Leader, Office of Mission Support, U.S. Environmental Protection Agency, Room 3352–L, WJC North— Mailcode 3102A, 1200 Pennsylvania Avenue, Washington, DC 20460, 202– 564–7899, hardy.michael@epa.gov. E:\FR\FM\23FEN1.SGM 23FEN1 Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Notices AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 11001 et seq. (Emergency Planning & Community Right-to-Know Act (EPCRA)); 42 U.S.C. 6901 et seq. (Resource Conservation and Recovery Act (RCRA)); 15 U.S.C. 2601 et seq. (Toxic Substances Control Act (TSCA)); 7 U.S.C. 136 et seq. (Federal Insecticide, Fungicide and Rodenticide Act (FIFRA)); 42 U.S.C. 9601 et seq. (Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)); 33 U.S.C. 1251 (Federal Water Pollution Control Act (FWPCA), commonly known as the Clean Water Act (CWA)); 42 U.S.C. 7401 (Clean Air Act (CAA)); 40 CFR 22.4 (Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation/ Termination or Suspension of Permits). khammond on DSKJM1Z7X2PROD with NOTICES PURPOSE(S) OF THE SYSTEM: The information in ELCMS is primarily used by Agency judges, attorneys and clerks to render determinations with respect to matters before them and to communicate the determinations to the appropriate individuals and organizations, as well as to the general public. Litigants, Agency attorneys and judges, and other interested parties may submit a variety of documents to the system, including pleadings, motions, briefs, exhibits, orders, hearing transcripts and initial decisions. When fully implemented, the electronic filing portion of the system will provide for online filing, tracking, and accounting of filings (e.g., pleadings, motions, briefs, exhibits, orders, and determinations) in all cases, both pending and archived. Other purposes of the system and the information contained therein, include: • Responding to Freedom of Information Act requests; • providing management information necessary to assess workload, assign incoming cases and monitor case progress; • allowing individual judges to monitor the progress of assigned cases; • providing ready access to case docketing information to support staff to enable timely response to complainants, government and private counsel, and respondents concerning the status of a particular case; and • promoting transparency by providing public access to Agency litigation documents. CATEGORIES OF INDIVIDUALS COVERED BY SYSTEM: This system covers any person, including individuals, or their representative, who create a profile or VerDate Sep<11>2014 18:04 Feb 22, 2022 Jkt 256001 whose information is contained in any document filed the system. CATEGORIES OF RECORDS IN THE SYSTEM: The records contained in this system may include but are not limited to: names, addresses, social security numbers, medical and/or financial information. RECORD SOURCE CATEGORIES: The sources of data within ELCMS are from documents submitted by parties to the administrative proceedings, to include briefs, motions, exhibits, and by judges presiding over the hearings and regional clerks, to include orders and initial decisions. 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 (86 FR 62527): A, E, F, G, H, K, L, and M. POLICIES AND PRACTICES FOR STORAGE OF RECORDS: These records are maintained electronically on computer storage devices located at the EPA, and Administrative IT System Support Staff of OMS, manage the system which is stored at the National Computer Center (NCC) in Research Triangle Park, North Carolina in secure, access-controlled rooms, areas, and buildings. Backup files will be maintained at a disaster recovery site. Computer records are maintained in a secure password protected environment. Permission level assignments will allow users access only to those functions for which they are authorized. There are no paper records generated by this system. POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS: Cases are retrieved by the name of the business entity or parties to a particular case, or the case docket number. POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS: The records will be maintained under EPA Records Schedules 508, 509, and 510. ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS: Security controls used to protect personal sensitive data in Enterprise Legal Case Management System are commensurate with those required for an information system rated MODERATE for confidentiality, integrity, and availability, as prescribed PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 10199 in National Institute of Standards and Technology (NIST) Special Publication, 800–53, ‘‘Security and Privacy Controls for Information Systems and Organizations,’’ Revision 5. 1. Administrative Safeguards: EPA personnel are required to complete annual agency Information Security and Privacy training. EPA personnel are instructed to lock their computers when they leave their desks. 2. Technical Safeguards: Electronic records are maintained in a secure, password protected electronic system. ELCMS access is limited to authorized, authenticated users integrated with the Agency’s single-sign-on. This integration uses the user’s LAN credentials to identify the user prior to granting access to the platform and ELCMS. All of the system’s electronic communication utilizes the agency’s Trusted Internet Connection (TIC). 3. Physical Safeguards: All records are maintained in secure, accesscontrolled areas or buildings. RECORD ACCESS PROCEDURES: All requests for access to personal records should cite the Privacy Act of 1974 and reference the type of request being made (i.e., access). Requests must include: (1) The name and signature of the individual making the request; (2) the name of the Privacy Act system of records to which the request relates; (3) a statement whether a personal inspection of the records or a copy of them by mail is desired; and (4) proof of identity. A full description of EPA’s Privacy Act procedures for requesting access to records is available at 40 CFR part 16. CONTESTING RECORDS PROCEDURES: Requests for correction or amendment must include: (1) The name and signature of the individual making the request; (2) the name of the Privacy Act system of records to which the request relates; (3) a description of the information sought to be corrected or amended and the specific reasons for the correction or amendment; and (4) proof of identity. A full description of EPA’s Privacy Act procedures for the correction or amendment of a record are described in EPA’s Privacy Act regulations at 40 CFR part 16. NOTIFICATION PROCEDURES: Individuals who wish to be informed whether a Privacy Act system of records maintained by EPA contains any record pertaining to them, should make a written request to the EPA, Attn: Agency Privacy Officer, MC 2831T, 1200 Pennsylvania Ave. NW, Washington, DC 20460, or by email at: E:\FR\FM\23FEN1.SGM 23FEN1 10200 Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Notices privacy@epa.gov. A full description of EPA’s Privacy Act procedures is included in EPA’s Privacy Act regulations at 40 CFR part 16. EXEMPTIONS PROMULGATED FOR THE SYSTEM: None. HISTORY: Federal Register Volume 79, Number 180 (Wednesday, September 17, 2014) [Notices] [Pages 55794–55796] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2014– 22164] Vaughn Noga, Senior Agency Official for Privacy. [FR Doc. 2022–03832 Filed 2–22–22; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2021–0839; FRL–9576–01– OCSPP] Pesticide Registration Maintenance Fee: Product Cancellation Order for Certain Pesticide Registrations Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: This notice announces EPA’s order for the cancellations, voluntarily requested by the registrants and accepted by the Agency, of the products listed in Table 1 of Unit III, pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). DATES: The cancellations are effective February 23, 2022. FOR FURTHER INFORMATION CONTACT: Michael Yanchulis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001; telephone number: (202) 566–2951; email address: yanchulis.michael@epa.gov. SUPPLEMENTARY INFORMATION: SUMMARY: khammond on DSKJM1Z7X2PROD with NOTICES I. General Information A. Does this action apply to me? This action is directed to the public in general and may be of interest to a wide range of stakeholders including environmental, human health, and agricultural advocates; the chemical industry; pesticide users; and members of the public interested in the sale, distribution, or use of pesticides. Since others also may be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. VerDate Sep<11>2014 18:04 Feb 22, 2022 Jkt 256001 B. How can I get copies of this document effect. This requirement applies to all registrations granted under FIFRA and other related information? section 3 (7 U.S.C. 136a) as well as those The docket for these actions, granted under FIFRA section 24(c) (7 identified by docket identification (ID) U.S.C. 136v(c)) to meet special local number EPA–HQ–OPP–2021–0839, is needs. Registrations for which the fee is available at https://www.regulations.gov not paid are subject to cancellation by or at the Office of Pesticide Programs order and without a hearing. Regulatory Public Docket (OPP Docket) Under FIFRA, the EPA Administrator in the Environmental Protection Agency may reduce or waive maintenance fees Docket Center (EPA/DC), West William for minor agricultural use pesticides Jefferson Clinton Bldg., Rm. 3334, 1301 when it is determined that the fee Constitution Ave. NW, Washington, DC would be likely to cause significant 20460–0001. The Public Reading Room impact on the availability of the is open from 8:30 a.m. to 4:30 p.m., pesticide for the use. Monday through Friday, excluding legal In fiscal year 2021, maintenance fees holidays. The telephone number for the were collected in one billing cycle. On Public Reading Room is (202) 566–1744, December 1, 2020, all holders of either and the telephone number for the OPP FIFRA section 3 registrations or FIFRA Docket is (202) 566–1744. section 24(c) registrations were sent lists Due to the public health concerns of their active registrations, along with related to COVID–19, the EPA Docket forms and instructions for responding. Center (EPA/DC) and Reading Room is They were asked to identify which of closed to visitors with limited their registrations they wished to exceptions. The staff continues to maintain in effect, and to calculate and provide remote customer service via remit the appropriate maintenance fees. email, phone, and webform. For the Most responses were received by the latest status information on EPA/DC statutory deadline of January 15, 2021. services and docket access, visit https:// A notice of intent to cancel was sent in www.epa.gov/dockets. September of 2021 to companies who did not respond and to companies who II. Background responded but paid for less than all This cancellation order follows a their registrations. Since mailing the December 7, 2021, Federal Register notices of intent to cancel, EPA has Notice of Receipt of Requests from the maintained a toll-free inquiry number registrants listed in Table 2 of Unit III, through which the questions of affected to voluntarily cancel these product registrants have been answered. registrations. In the December 7, 2021, In fiscal year 2021, the Agency has notice, EPA indicated that it would waived the fees for 335 minor issue an order implementing the agricultural use registrations at the cancellations, unless the Agency request of the registrants. Maintenance received substantive comments within fees have been paid for about 17,467 the 30-day comment period that would FIFRA section 3 registrations, or about merit its further review of these 98% of the registrations on file in requests, or unless the registrants October 2020. Fees have been paid for withdrew their requests. The Agency about 1,996 FIFRA section 24(c) did not receive any comments. The registrations, or about 95% of the total registration numbers below were listed on file in October 2020. Cancellations in the December 7, 2021, notice but for non-payment of the maintenance fee were listed in another request to cancel affect 148 FIFRA section 3 registrations Federal Register notice so are not listed and 23 FIFRA section 24(c) in this notice. The products and Federal registrations. These cancellations can be Register Notice are: Federal Register of found in Table 4 below. Cancellations April 10, 2017 (82 FR 17253; FRL– for companies paying the fee at one of 9950–38): 241–383, 241–395, 241–410, the capped payment amounts are 241–411, and 241–419. Accordingly, considered voluntary cancellations EPA hereby issues in this notice a since the registration could be cancellation order granting the maintained without an additional fee requested cancellations. Any payment. These cancellations are distribution, sale, or use of the products subject to a 30-day comment period and subject to this cancellation order is are listed in Table 1 below. The cancellation orders generally permitted only in accordance with the permit registrants to continue to sell and terms of this order, including any distribute existing stocks of the canceled existing stocks provisions. products until 1 year after the date on Section 4(i)(5) of FIFRA (7 U.S.C. which the fee was due. Existing stocks 136a–1(i)(5)) requires that all pesticide already in the hands of dealers or users, registrants pay an annual registration however, can generally be distributed, maintenance fee, due by January 15 of sold, or used legally until they are each year, to keep their registrations in PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\23FEN1.SGM 23FEN1

Agencies

[Federal Register Volume 87, Number 36 (Wednesday, February 23, 2022)]
[Notices]
[Pages 10197-10200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03832]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9446-01-OMS]


Privacy Act of 1974; System of Records

AGENCY: Office of Mission Support (OMS), Environmental Protection 
Agency (EPA).

ACTION: Notice of a modified system of records.

-----------------------------------------------------------------------

SUMMARY: The U.S. Environmental Protection Agency's (EPA or Agency),

[[Page 10198]]

Administrative IT System Support Staff, Office of Mission Support 
(OMS), is giving notice that it proposes to modify a system of records, 
Case Records System (CRS), pursuant to the provisions of the Privacy 
Act of 1974. EPA is modifying the Case Records System by renaming it to 
the Enterprise Legal Case Management System (ELCMS), consolidating 
information from other databases into the system, and moving it to a 
new enterprise platform, which is a platform that supports Agency-wide 
usage for Agency administrative legal proceedings. The purpose of the 
modified system is to manage the administrative adjudicatory 
proceedings held before the Agency through docketing, filing, case 
tracking, and document management and storage. Litigants, Agency 
attorneys and judges, and other interested parties may submit a variety 
of documents to the system, including pleadings, motions, briefs, 
exhibits, orders, hearing transcripts and initial decisions.

DATES: Persons wishing to comment on this system of records notice must 
do so by March 25, 2022. New or modified routine uses for this modified 
system of records will be effective March 25, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OEI-2014-0197, by one of the following methods:
    Federal eRulemaking Portal: https://www.regulations.gov. Follow the 
online instructions for submitting comments.
    Email: [email protected]. 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-OEI-
2014-0197. 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: Michael Hardy, Director, 
Administrative IT Systems Support Staff, Senior Information Technology 
Leader, Office of Mission Support, U.S. Environmental Protection 
Agency, Room 3352-L, WJC North--Mailcode 3102A, 1200 Pennsylvania 
Avenue, Washington, DC 20460, [email protected], 202-564-7899, 
Nicole Williams, Office of Mission Support, U.S. Environmental 
Protection Agency, Room 3352-P, WJC North--Mailcode 3102A, 1200 
Pennsylvania Avenue, Washington, DC 20460, [email protected], 
202-564-4026.

SUPPLEMENTARY INFORMATION: EPA is modifying the Case Records System by 
renaming it to the Enterprise Legal Case Management System (ELCMS). EPA 
is also consolidating information from other databases into the system 
to modernize legacy applications under a single platform. The Agency 
conducts hearings and renders decisions in proceedings between the EPA 
and persons, businesses, government entities, and other organizations 
which are regulated, or alleged to be regulated, under environmental 
laws.
    ELCMS is a docketing, filing, case tracking, and document 
management system used for these proceedings. The system is maintained 
by the Office of Mission Support in Washington, DC and consists of 
electronic documents stored in a password-protected computer database. 
The system is accessible to Agency employees in connection with the 
performance of their authorized duties.

SYSTEM NAME AND NUMBER:
    Enterprise Legal Case Management System (ELCMS), EPA-66.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Electronic records are maintained by the Office of Mission Support 
(OMS), at EPA Headquarters, 1200 Pennsylvania Avenue NW, Washington, DC 
20460 and national servers are located at the EPA National Computer 
Center (NCC) in Research Triangle Park, NC 27711.

SYSTEM MANAGER(S):
    Michael Hardy, Director, Strategic IT Investment Staff, Senior 
Information Technology Leader, Office of Mission Support, U.S. 
Environmental Protection Agency, Room 3352-L, WJC North--Mailcode 
3102A, 1200 Pennsylvania Avenue, Washington, DC 20460, 202-564-7899, 
[email protected].

[[Page 10199]]

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    42 U.S.C. 11001 et seq. (Emergency Planning & Community Right-to-
Know Act (EPCRA)); 42 U.S.C. 6901 et seq. (Resource Conservation and 
Recovery Act (RCRA)); 15 U.S.C. 2601 et seq. (Toxic Substances Control 
Act (TSCA)); 7 U.S.C. 136 et seq. (Federal Insecticide, Fungicide and 
Rodenticide Act (FIFRA)); 42 U.S.C. 9601 et seq. (Comprehensive 
Environmental Response, Compensation, and Liability Act (CERCLA)); 33 
U.S.C. 1251 (Federal Water Pollution Control Act (FWPCA), commonly 
known as the Clean Water Act (CWA)); 42 U.S.C. 7401 (Clean Air Act 
(CAA)); 40 CFR 22.4 (Consolidated Rules of Practice Governing the 
Administrative Assessment of Civil Penalties and the Revocation/
Termination or Suspension of Permits).

PURPOSE(S) OF THE SYSTEM:
    The information in ELCMS is primarily used by Agency judges, 
attorneys and clerks to render determinations with respect to matters 
before them and to communicate the determinations to the appropriate 
individuals and organizations, as well as to the general public. 
Litigants, Agency attorneys and judges, and other interested parties 
may submit a variety of documents to the system, including pleadings, 
motions, briefs, exhibits, orders, hearing transcripts and initial 
decisions. When fully implemented, the electronic filing portion of the 
system will provide for online filing, tracking, and accounting of 
filings (e.g., pleadings, motions, briefs, exhibits, orders, and 
determinations) in all cases, both pending and archived. Other purposes 
of the system and the information contained therein, include:
     Responding to Freedom of Information Act requests;
     providing management information necessary to assess 
workload, assign incoming cases and monitor case progress;
     allowing individual judges to monitor the progress of 
assigned cases;
     providing ready access to case docketing information to 
support staff to enable timely response to complainants, government and 
private counsel, and respondents concerning the status of a particular 
case; and
     promoting transparency by providing public access to 
Agency litigation documents.

CATEGORIES OF INDIVIDUALS COVERED BY SYSTEM:
    This system covers any person, including individuals, or their 
representative, who create a profile or whose information is contained 
in any document filed the system.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The records contained in this system may include but are not 
limited to: names, addresses, social security numbers, medical and/or 
financial information.

RECORD SOURCE CATEGORIES:
    The sources of data within ELCMS are from documents submitted by 
parties to the administrative proceedings, to include briefs, motions, 
exhibits, and by judges presiding over the hearings and regional 
clerks, to include orders and initial decisions.

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 (86 FR 62527): A, E, F, G, H, 
K, L, and M.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    These records are maintained electronically on computer storage 
devices located at the EPA, and Administrative IT System Support Staff 
of OMS, manage the system which is stored at the National Computer 
Center (NCC) in Research Triangle Park, North Carolina in secure, 
access-controlled rooms, areas, and buildings. Backup files will be 
maintained at a disaster recovery site. Computer records are maintained 
in a secure password protected environment. Permission level 
assignments will allow users access only to those functions for which 
they are authorized. There are no paper records generated by this 
system.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Cases are retrieved by the name of the business entity or parties 
to a particular case, or the case docket number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    The records will be maintained under EPA Records Schedules 508, 
509, and 510.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Security controls used to protect personal sensitive data in 
Enterprise Legal Case Management System 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.
    1. Administrative Safeguards: EPA personnel are required to 
complete annual agency Information Security and Privacy training. EPA 
personnel are instructed to lock their computers when they leave their 
desks.
    2. Technical Safeguards: Electronic records are maintained in a 
secure, password protected electronic system. ELCMS access is limited 
to authorized, authenticated users integrated with the Agency's single-
sign-on. This integration uses the user's LAN credentials to identify 
the user prior to granting access to the platform and ELCMS. All of the 
system's electronic communication utilizes the agency's Trusted 
Internet Connection (TIC).
    3. Physical Safeguards: All records are maintained in secure, 
access-controlled areas or buildings.

RECORD ACCESS PROCEDURES:
    All requests for access to personal records should cite the Privacy 
Act of 1974 and reference the type of request being made (i.e., 
access). Requests must include: (1) The name and signature of the 
individual making the request; (2) the name of the Privacy Act system 
of records to which the request relates; (3) a statement whether a 
personal inspection of the records or a copy of them by mail is 
desired; and (4) proof of identity. A full description of EPA's Privacy 
Act procedures for requesting access to records is available at 40 CFR 
part 16.

CONTESTING RECORDS PROCEDURES:
    Requests for correction or amendment must include: (1) The name and 
signature of the individual making the request; (2) the name of the 
Privacy Act system of records to which the request relates; (3) a 
description of the information sought to be corrected or amended and 
the specific reasons for the correction or amendment; and (4) proof of 
identity. A full description of EPA's Privacy Act procedures for the 
correction or amendment of a record are described in EPA's Privacy Act 
regulations at 40 CFR part 16.

NOTIFICATION PROCEDURES:
    Individuals who wish to be informed whether a Privacy Act system of 
records maintained by EPA contains any record pertaining to them, 
should make a written request to the EPA, Attn: Agency Privacy Officer, 
MC 2831T, 1200 Pennsylvania Ave. NW, Washington, DC 20460, or by email 
at:

[[Page 10200]]

[email protected]. A full description of EPA's Privacy Act procedures is 
included in EPA's Privacy Act regulations at 40 CFR part 16.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    Federal Register Volume 79, Number 180 (Wednesday, September 17, 
2014) [Notices] [Pages 55794-55796] From the Federal Register Online 
via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2014-
22164]

Vaughn Noga,
Senior Agency Official for Privacy.
[FR Doc. 2022-03832 Filed 2-22-22; 8:45 am]
BILLING CODE 6560-50-P
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