Notice2022-03832
Privacy Act of 1974; System of Records
Primary source
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Published
February 23, 2022
Effective
March 25, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The U.S. Environmental Protection Agency's (EPA or Agency), 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.
Full Text
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<title>Federal Register, Volume 87 Issue 36 (Wednesday, February 23, 2022)</title>
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[Federal Register Volume 87, Number 36 (Wednesday, February 23, 2022)]
[Notices]
[Pages 10197-10200]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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.
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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: <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#65010a060e00113a0a0816250015044b020a13"><span class="__cf_email__" data-cfemail="64000b070f01103b0b0917240114054a030b12">[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-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 <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: 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, <a href="/cdn-cgi/l/email-protection#dfb7beadbba6f1b2b6bcb7bebab39fbaafbef1b8b0a9"><span class="__cf_email__" data-cfemail="f79f9685938ed99a9e949f96929bb7928796d9909881">[email protected]</span></a>, 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, <a href="/cdn-cgi/l/email-protection#55223c39393c3438267b3b3c363a3930153025347b323a23"><span class="__cf_email__" data-cfemail="75021c19191c1418065b1b1c161a1910351005145b121a03">[email protected]</span></a>,
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,
<a href="/cdn-cgi/l/email-protection#ee868f9c8a97c083878d868f8b82ae8b9e8fc0898198"><span class="__cf_email__" data-cfemail="d9b1b8abbda0f7b4b0bab1b8bcb599bca9b8f7beb6af">[email protected]</span></a>.
[[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:
<bullet> Responding to Freedom of Information Act requests;
<bullet> providing management information necessary to assess
workload, assign incoming cases and monitor case progress;
<bullet> allowing individual judges to monitor the progress of
assigned cases;
<bullet> 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
<bullet> 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]]
<a href="/cdn-cgi/l/email-protection#abdbd9c2ddcac8d2ebcedbca85ccc4dd"><span class="__cf_email__" data-cfemail="f181839887909288b1948190df969e87">[email protected]</span></a>. 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 [<a href="http://www.gpo.gov">www.gpo.gov</a>] [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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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.