Notice2022-00068
Privacy Act of 1974; System of Records
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 7, 2022
Effective
February 7, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The U.S. Environmental Protection Agency's (EPA), Office of Land and Emergency Management (OLEM) is giving notice that it proposes to modify a system of records pursuant to the provisions of the Privacy Act of 1974. Environmental Assessments of Residential Properties (EARP) is being modified to further clarify the nature of the information, and the ways in which that information may be used and shared with parties who are part of the evaluation and coordination process. This system of records contains information of individuals that is collected in the course of response and environmental assessment actions, including actions taken under a variety of EPA authorities. The information maintained under this System of Records Notice (SORN) is needed to support EPA's decision-making process on what actions may be necessary to address potential environmental impacts at residential properties, including necessary investigation and cleanup activities. This information is collected to ensure an appropriate and cohesive response to situations that may require EPA response activities, and to protect the health and welfare of residents who may be affected by conditions that present a potential environmental or public health threat. The information is maintained as needed for consideration and coordination of environmental response activities. This information may include individuals' contact information, information related to their address or place of residence, correspondence, and related environmental and public health information collected in the course of investigation, sampling, and cleanup work, as described in further detail below. All exemptions and provisions included in the previously published SORN for EARP will transfer to the modified SORN for EARP.
Full Text
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<title>Federal Register, Volume 87 Issue 5 (Friday, January 7, 2022)</title>
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[Federal Register Volume 87, Number 5 (Friday, January 7, 2022)]
[Notices]
[Pages 959-962]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-00068]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-9302-01-OMS]
Privacy Act of 1974; System of Records
AGENCY: Office of Land and Emergency Management (OLEM), Environmental
Protection Agency (EPA).
ACTION: Notice of a modified system of records.
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SUMMARY: The U.S. Environmental Protection Agency's (EPA), Office of
Land and Emergency Management (OLEM) is giving notice that it proposes
to modify a system of records pursuant to the provisions of the Privacy
Act of 1974. Environmental Assessments of Residential Properties (EARP)
is being modified to further clarify the nature of the information, and
the ways in which that information may be used and shared with parties
who are part of the evaluation and coordination process. This system of
records contains information of individuals that is collected in the
course of response and environmental assessment actions, including
actions taken under a variety of EPA authorities. The information
maintained under this System of Records Notice (SORN) is needed to
support EPA's decision-making process on what actions may be necessary
to address potential environmental impacts at residential properties,
including necessary investigation and cleanup activities. This
information is collected to ensure an appropriate and cohesive response
to situations that may require EPA response activities, and to protect
the health and welfare of residents who may be affected by conditions
that present a potential environmental or public health threat. The
information is maintained as needed for consideration and coordination
of environmental response activities. This information may include
individuals' contact information, information related to their address
or place of residence, correspondence, and related environmental and
public health information collected in the course of investigation,
sampling, and cleanup work, as described in further detail below. All
exemptions and provisions included in the previously published SORN for
EARP will transfer to the modified SORN for EARP.
DATES: Persons wishing to comment on this system of records notice must
do so by February 7, 2022. New routine uses for this modified system of
records will be effective February 7, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OLEM-2021-0038, by one of the following methods:
Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the
online instructions for submitting comments.
Email: <a href="/cdn-cgi/l/email-protection#d0b4bfb3bbb5a48fbfbda390b5a0b1feb7bfa6"><span class="__cf_email__" data-cfemail="0f6b606c646a7b5060627c4f6a7f6e21686079">[email protected]</span></a>. Include the Docket ID number in the
subject line of the message.
Fax: (202) 566-1752.
Mail: OMS Docket, Environmental Protection Agency, Mail Code:
2822T, 1200 Pennsylvania Ave. NW, Washington, DC 20460.
Hand Delivery: OMS Docket, EPA/DC, WJC West Building, Room 3334,
1301 Constitution Ave. NW, Washington, DC 20460. Such deliveries are
only accepted during the Docket's normal hours of operation, and
special arrangements should be made for deliveries of boxed
information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OLEM-
2021-0038. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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
<a href="https://www.regulations.gov">https://www.regulations.gov</a>. The <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
Docket: All documents in the docket are listed in the <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
FOR FURTHER INFORMATION CONTACT: Joseph Schaefer, Office of Land and
Emergency Management (OLEM), Office of Superfund Remediation and
Technology Information (OSRTI), Mail Code 205A-ERT, Raritan Depot 2890
Woodbridge Avenue, Edison, NJ 08837; telephone number (732) 906-6920;
<a href="/cdn-cgi/l/email-protection#7625151e1713101304583c19133613061758111900"><span class="__cf_email__" data-cfemail="3a6959525b5f5c5f481470555f7a5f4a5b145d554c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: EPA created a Privacy Act system of records
to allow the agency to maintain records that are necessary to conduct
environmental assessments at
[[Page 960]]
residential properties in order to respond to emergency situations and
during environmental assessment activities conducted by EPA under many
different programs including Superfund (42 U.S.C. 9601 et seq.), the
Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.), and
the Safe Drinking Water Act (42 U.S.C. 300f et seq.). This system of
records promotes transparency, efficiency, and improved environmental
and health outcomes by encompassing all records associated with EPA
residential assessment and response work, including the database
repositories, field documentation, and analytical reports.
The previous notices concerning this system of records highlighted
that EPA is often required to support or work closely with state and
local agencies or other federal agencies evaluating the health and
welfare of affected communities. This cooperation and coordination also
extends to tribes and tribal agencies.
The previous notices included a list of the types of information
commonly gathered in environmental assessments and responses,
including: Names of residents; address information; phone number or
other contact information; test results from environmental sampling;
information about the building structure, such as the age of the
structure, information about the service lines, plumbing and pipe
information, and building materials in the structure; information about
the length of residence or ownership of the structure; and geographic
information system (GIS) coordinates. Typical types of information may
also include: Age; medical and health information; property ownership
and property management information; information about physical
dimensions of the property and structures present on the property;
information about wells on the property; information about how the
property is used; information about sampling locations; and information
about prior environmental issues at the property, including prior test
results and actions taken. Other site-specific data elements may also
be collected if needed for the environmental assessment or response
activity.
As described in more detail in the previous notices, information
and data collected in environmental assessments and responses will
generally be stored in an agency-approved electronic database, which
will be managed by EPA system administrators. Other associated records
may also be stored in other agency-approved electronic or paper
formats, such as Microsoft Excel spreadsheets, Microsoft Word documents
or tables, or in file folders in secure locations. During the course of
the assessment and response, records may also be temporarily stored off
site in secure facilities such as incident command posts or EPA field
offices which are maintained and secured by EPA staff.
The previous notices identified the EPA staff and contractors who
might have access to the information in the system of records. The
notices also stated that in appropriate circumstances, limited access
to the database systems may be provided to state and local public
health authorities in conformity with federal, state, and local laws
when necessary to protect the environment or public health or safety.
To clarify and emphasize the value of inter-governmental coordination
and communication, the previous notices are now clarified to confirm
that routine uses may include disclosure to any appropriate federal,
state, local, and tribal authorities when necessary to protect the
environment or public health or safety, including carrying out an
investigation or response. Information may also be shared with state
agencies and with the public as part of their participation in the
Superfund evaluation and decision-making process. This may include
public disclosure of addresses where EPA determines cleanup actions are
required. In cases of emergency, EPA may also need to share information
with members of the public to assure protection of the environment, and
public health and safety.
SYSTEM NAME AND NUMBER:
Environmental Assessments of Residential Properties (EARP), EPA-74.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
The system is managed by EPA's Office of Land and Emergency
Management (OLEM), 1200 Pennsylvania Ave. NW, Mail Code 5103 T,
Washington, DC 20460. Information maintained pursuant to this notice
may be located at EPA Headquarters Offices or at EPA Regional Offices,
or at field offices established as part of the residential assessment
field work, depending upon the location where the environmental
assessment is conducted or where computer resources are located.
Databases may be hosted at the EPA's National Computer Center located
at 109 T.W. Alexandra Drive, Durham, NC 27709, or in OLEM's emergency
response cloud hosting environment.
SYSTEM MANAGER(S):
Joseph Schaefer, Physical Scientist (Environmental), Office of Land
and Emergency Management (OLEM), Office of Superfund Remediation and
Technology Information (OSRTI), Mail Code 205A-ERT, Raritan Depot 2890
Woodbridge Avenue, Edison, NJ 08837; telephone number (732) 906-6920;
<a href="/cdn-cgi/l/email-protection#1447777c75717271663a5e7b71547164753a737b62"><span class="__cf_email__" data-cfemail="a2f1c1cac3c7c4c7d08ce8cdc7e2c7d2c38cc5cdd4">[email protected]</span></a>.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6981;
Comprehensive Environmental Response, Compensation and Liability Act
(CERCLA), 42 U.S.C. 9604, 9660; Clean Air Act (CAA), 42 U.S.C. 7403;
Safe Drinking Water Act (SDWA), 42 U.S.C. 300i; 300j-1; Federal Water
Pollution Control Act, (FWPCA) 33 U.S.C. 1254, 1318, 1321; Toxic
Substances Control Act (TSCA), 15 U.S.C. 2609; Federal Insecticide,
Fungicide, and Rodenticide Act, (FIFRA) 7 U.S.C. 136r.
PURPOSE(S) OF THE SYSTEM:
The EPA has created a Privacy Act system of records to allow EPA to
maintain records that are necessary to conduct environmental
assessments at residential properties in order to respond to emergency
situations and during environmental assessment activities conducted by
EPA under many different programs including Superfund, RCRA, and the
SDWA. This system of records promotes transparency, efficiency, and
improved environmental and health outcomes by encompassing all of the
records associated with EPA residential assessment and response work,
including the database repositories, field documentation and analytical
reports. Over the course of these assessments EPA is often required to
support or work closely with state and local agencies or other federal
agencies to evaluate the health and welfare of affected communities.
EPA's environmental assessment activities at residential properties
include: Obtaining and tracking legal access to the properties;
gathering environmental data through sampling activities, such as
sampling air, water, soil, or other environmental media at sites;
collecting structural information such as the age of the structure,
information about the service lines, plumbing and pipe information, and
building materials in the structure, information about the length of
residence or ownership of the structure, and GIS coordinates; and
collecting residential contact information such as name, address, and
phone number to allow response teams
[[Page 961]]
to correspond with individuals affected by environmental contamination.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Members of the public such as residents, property owners, property
managers, and other individuals who may be associated with a property
whose information needs to be collected as part of EPA's environmental
assessment and response activities. In addition, EPA staff,
contractors, grantees, or any other individuals engaged in response
activities (including state, local, and tribal employees) may have
their information in the system such as name, office address, and
contact information to facilitate assessment and response activities.
CATEGORIES OF RECORDS IN THE SYSTEM:
The types of data collected in environmental assessments and
responses include names of residents; names of property owners; tenant
information; names of property managers; address information; phone
number or other contact information; test results from environmental
sampling; medical and health information; information about residential
structures such as the age of the structure, information about the
service lines, plumbing and pipe information, and building materials in
the structure; information about the length of residence or ownership
of the structure; GIS coordinates; age; property ownership and
management information; information about physical dimensions of the
property and structures present on the property; information about
wells on the property; information about uses of the property;
information about sampling locations; and information about prior
environmental issues at the property, including prior test results and
actions taken. Other site-specific data elements may also be collected
if needed for the environmental assessment or emergency response
activity.
RECORD SOURCE CATEGORIES:
Records within this system of records are obtained by EPA
employees, contractors, or grantees collecting environmental assessment
data and sample information at residential sites, or from state or
local governments who have collected environmental assessment
information as part of their response authorities. Environmental
assessment data is received from interviews with residents, property
owners, property managers, and other individuals who may be associated
with a property, local public records such as property tax data, from
inspections of residential properties, from residential property
records or other public records, and from other on-site sources such as
EPA or contracted laboratories and EPA or contracted GIS systems.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
The routine uses below are both related to and compatible with the
original purpose for which the information was collected. The following
general routine uses apply to this system:
A. Disclosure for Law Enforcement Purposes: Information may be
disclosed to the appropriate Federal, State, local, tribal, or foreign
agency responsible for investigating, prosecuting, enforcing, or
implementing a statute, rule, regulation, or order, if the information
is relevant to a violation or potential violation of civil or criminal
law or regulation within the jurisdiction of the receiving entity.
B. Disclosure Incident to Requesting Information: Information may
be disclosed to any source from which additional information is
requested (to the extent necessary to identify the individual, inform
the source of the purpose of the request, and to identify the type of
information requested,) when necessary to obtain information relevant
to an agency decision concerning retention of an employee or other
personnel action (other than hiring,) retention of a security
clearance, the letting of a contract, or the issuance or retention of a
grant, or other benefit.
D. Disclosure to Office of Management and Budget: Information may
be disclosed to the Office of Management and Budget at any stage in the
legislative coordination and clearance process in connection with
private relief legislation as set forth in OMB Circular No. A-19.
E. Disclosure to Congressional Offices: Information may be
disclosed to a congressional office from the record of an individual in
response to an inquiry from the congressional office made at the
request of the individual.
F. Disclosure to Department of Justice: Information may be
disclosed to the Department of Justice, or in a proceeding before a
court, adjudicative body, or other administrative body before which the
Agency is authorized to appear, when:
1. The Agency, or any component thereof;
2. Any employee of the Agency in his or her official capacity;
3. Any employee of the Agency in his or her individual capacity
where the Department of Justice or the Agency have agreed to represent
the employee; or
4. The United States, if the Agency determines that litigation is
likely to affect the Agency or any of its components,
Is a party to litigation or has an interest in such litigation, and
the use of such records by the Department of Justice or the Agency is
deemed by the Agency to be relevant and necessary to the litigation
provided, however, that in each case it has been determined that the
disclosure is compatible with the purpose for which the records were
collected.
G. Disclosure to the National Archives: Information may be
disclosed to the National Archives and Records Administration in
records management inspections.
H. Disclosure to Contractors, Grantees, and Others: Information may
be disclosed to contractors, grantees, consultants, or volunteers
performing or working on a contract, service, grant, cooperative
agreement, job, or other activity for the Agency and who have a need to
have access to the information in the performance of their duties or
activities for the Agency. When appropriate, recipients will be
required to comply with the requirements of the Privacy Act of 1974 as
provided in 5 U.S.C. 552a(m).
K. Disclosure in Connection With Litigation: Information from this
system of records may be disclosed in connection with litigation or
settlement discussions regarding claims by or against the Agency,
including public filing with a court, to the extent that disclosure of
the information is relevant and necessary to the litigation or
discussions and except where court orders are otherwise required under
section (b)(11) of the Privacy Act of 1974, 5 U.S.C. 552a(b)(11).
The two routine uses below (L and M) are required by OMB Memorandum
M-17-12.
L. Disclosure to Persons or Entities in Response to an Actual or
Suspected Breach of Personally Identifiable Information: To appropriate
agencies, entities, and persons when (1) the Agency suspects or has
confirmed that there has been a breach of the system of records, (2)
the Agency has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, the Agency
(including its information systems, programs, and operations), the
Federal Government, or national security; and (3) the disclosure made
to such agencies, entities, and persons is reasonably necessary to
assist in connection with the Agency's efforts
[[Page 962]]
to respond to the suspected or confirmed breach or to prevent,
minimize, or remedy such harm.
M. Disclosure to Assist Another Agency in Its Efforts to Respond to
a Breach of Personally Identifiable Information: To another Federal
agency or Federal entity, when the Agency determines that information
from this system of records is reasonably necessary to assist the
recipient agency or entity in (1) responding to a suspected or
confirmed breach or (2) preventing, minimizing, or remedying the risk
of harm to individuals, the recipient agency or entity (including its
information systems, programs, and operations), the Federal Government,
or national security, resulting from a suspected or confirmed breach.
Additional routine uses that apply to this system are:
1. Records may be disclosed to federal, state, local, and tribal
authorities in conformity with federal, state, local, and tribal laws
when necessary to protect the environment or public health or safety,
including carrying out an investigation or response. Personal medical
records will not be shared. Information sharing agreements may be used
as a mechanism to define appropriate limitations on use and disclosure
of Privacy Act information by state, tribal, and local officials.
Relevant federal, state, tribal, and local laws may also provide
assurance that the information will be kept confidential. Information
may also be shared with state agencies and with the public as part of
their participation in the Superfund evaluation and decision-making
process. This may include public disclosure of addresses where EPA
determines cleanup actions are required.
2. In case of emergency, EPA may need to share information with
members of the public to assure protection of the environment or public
health and safety.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
These records are maintained electronically on computer storage
devices such as computer tapes and disks. The computer storage devices
are located at EPA OLEM. Backup will be maintained at a disaster
recovery site. Computer records are maintained in a secure password
protected environment. Access to computer records is limited to those
who have a need to know. Other associated records may also be stored in
other electronic or paper formats, such as Microsoft Excel
spreadsheets, Microsoft Word documents or tables, or in file folders.
During the course of the assessment, records may also be temporarily
stored off-site in secure facilities such as incident command posts or
EPA field offices which are maintained and secured by EPA staff.
Permission level assignments will allow users access only to those
functions for which they are authorized. All records are maintained in
secure, access-controlled areas or buildings.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Information may be retrieved by any collected data element, such as
a resident's name or address, or information may be retrieved by GIS
coordinates or by identifying numbers assigned to a person, sampling
location, or residence.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records maintained in this system are subject to record schedule
1036, which is still being finalized.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Security controls used to protect personal sensitive data in
Environmental Assessments of Residential Properties are commensurate
with those required for an information system rated MODERATE for
confidentiality, integrity, and availability, as prescribed in National
Institute of Standards and Technology (NIST) Special Publication, 800-
53, ``Security and Privacy Controls for Information Systems and
Organizations,'' Revision 5.
ADMINISTRATIVE SAFEGUARDS
For documents in EPA database systems, those systems have a single
point of access via a front-end Portal. All users are required to
complete a new user form (signed by their supervisor) and take online
security training before they are provided with access. All authorized
users of the EARP application are required to take an annual security
training identifying the user's role and responsibilities for
protecting the Agency's information resources, as well as, consequences
for not adhering to the policy. Similarly, those documents maintained
on Agency computers prior to placement in EARP are protected by
passwords and/or Personal Identity Verification, and all agency users
are required to complete a new user form (signed by their supervisor)
and take computer security training.
TECHNICAL SAFEGUARDS
Electronic records are maintained in a secure, password protected
electronic system.
PHYSICAL SAFEGUARDS
Paper files are maintained in locked file cabinets when not in use
by EPA emergency response staff. All records are maintained in secure,
access-controlled areas or buildings.
RECORD ACCESS PROCEDURES:
Individuals seeking access to information in this system of records
about themselves are required to provide adequate identification (e.g.,
driver's license, military identification card, employee badge or
identification card). Additional identity verification procedures may
be required, as warranted. Requests must meet the requirements of EPA
regulations that implement the Privacy Act of 1974, at 40 CFR part 16.
CONTESTING RECORD PROCEDURES:
Requests for correction or amendment must identify the record to be
changed and the corrective action sought. Complete EPA Privacy Act
procedures are described in EPA's Privacy Act regulations at 40 CFR
part 16.
NOTIFICATION PROCEDURES:
Any individual who wants to know whether this system of records
contains a record about him or her, should make a written request to
the EPA, Attn: Agency Privacy Officer, MC 2831T, 1200 Pennsylvania Ave.
NW, Washington, DC 20460, <a href="/cdn-cgi/l/email-protection#4a3a38233c2b29330a2f3a2b642d253c"><span class="__cf_email__" data-cfemail="e393918a9582809aa3869382cd848c95">[email protected]</span></a>.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
86 FR 23958 (May 5, 2021), 81 FR 23488 (April 21, 2016).
Vaughn Noga,
Senior Agency Official for Privacy.
[FR Doc. 2022-00068 Filed 1-6-22; 8:45 am]
BILLING CODE 6560-50-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.