Notice2022-12825
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
June 15, 2022
Effective
July 15, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The U.S. Environmental Protection Agency's (EPA), Office of Land and Emergency Management (OLEM), Office of Superfund Remediation and Technology Information (OSRTI), is giving notice that it proposes to modify a system of records pursuant to the provisions of the Privacy Act of 1974. Superfund Enterprise Management System (SEMS) is being modified to expand the categories of records that may be housed in SEMS and the categories of individuals who may be covered by the system. Additionally, EPA is modifying SEMS to add General Routine Uses B, D, and M, modify General Routine Use L, and add three Specific Routine Uses. The new Specific Routine Uses are related to disclosure of records to protect the environment or public health or safety, including carrying out an investigation or response; to share information with the public in cases of emergency to protect the environment or public health and safety; and to respond to other external requests for information to support programmatic functions. This system of records is an electronic repository of Superfund documents routinely used to house and organize data and information regarding Superfund sites. Records contained in SEMS are used in support of programmatic functions including investigation; cleanup; program planning; community outreach; coordination with state, local and tribal entities; listing and de-listing of Superfund sites; enforcement activities; and litigation. Information related to Superfund sites may be gathered under other statutory authorities because SEMS is an accessible repository for selected non- Superfund sites as well. Privacy is maintained by limiting access to the database containing confidential business and personal information. All exemptions and provisions included in the previously published System of Records Notice (SORN) for SEMS will transfer to the modified SORN for SEMS.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 115 (Wednesday, June 15, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 115 (Wednesday, June 15, 2022)]
[Notices]
[Pages 36124-36127]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12825]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-9641-01-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.
-----------------------------------------------------------------------
SUMMARY: The U.S. Environmental Protection Agency's (EPA), Office of
Land and Emergency Management (OLEM), Office of Superfund Remediation
and Technology Information (OSRTI), is giving notice that it proposes
to modify a system of records pursuant to the provisions of the Privacy
Act of 1974. Superfund Enterprise Management System (SEMS) is being
modified to expand the categories of records that may be housed in SEMS
and the categories of individuals who may be covered by the system.
Additionally, EPA is modifying SEMS to add General Routine Uses B, D,
and M, modify General Routine Use L, and add three Specific Routine
Uses. The new Specific Routine Uses are related to disclosure of
records to protect the environment or public health or safety,
including carrying out an investigation or response; to share
information with the public in cases of emergency to protect the
environment or public health and safety; and to respond to other
external requests for information to support programmatic functions.
This system of records is an electronic repository of Superfund
documents routinely used to house and organize data and information
regarding Superfund sites. Records contained in SEMS are used in
support of programmatic functions including investigation; cleanup;
program planning; community outreach; coordination with state, local
and tribal entities; listing and de-listing of
[[Page 36125]]
Superfund sites; enforcement activities; and litigation. Information
related to Superfund sites may be gathered under other statutory
authorities because SEMS is an accessible repository for selected non-
Superfund sites as well. Privacy is maintained by limiting access to
the database containing confidential business and personal information.
All exemptions and provisions included in the previously published
System of Records Notice (SORN) for SEMS will transfer to the modified
SORN for SEMS.
DATES: Persons wishing to comment on this system of records notice must
do so by July 15, 2022. New or Modified routine uses for this modified
system of records will be effective July 15, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OLEM-2021-0037, 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#fe9a919d959b8aa191938dbe9b8e9fd0999188"><span class="__cf_email__" data-cfemail="ea8e8589818f9eb5858799aa8f9a8bc48d859c">[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-
2021-0037. 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. Further information about EPA Docket Center services and the
current operating status is available at <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
FOR FURTHER INFORMATION CONTACT: Jennifer Sutton, Office of Land and
Emergency Management (OLEM), Office of Superfund Remediation and
Technology Information (OSRTI), Mail Code 5202P, 1200 Pennsylvania Ave.
NW, Washington, DC 20460; telephone number (703) 603-8718;
<a href="/cdn-cgi/l/email-protection#3a694f4e4e555414705f5454535c5f487a5f4a5b145d554c"><span class="__cf_email__" data-cfemail="f1a28485859e9fdfbb949f9f98979483b1948190df969e87">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: EPA created a Privacy Act system of records
to allow the Agency to maintain and readily access records to provide
project and program managers the ability to plan, manage, track, and
report on clean-up and enforcement activities taking place at Superfund
sites. The SEMS database application supports the electronic capture,
imaging, indexing, and tracking of records which document
investigation, cleanup, and enforcement activities at potential and
existing hazardous waste sites. The electronic repository of documents
is routinely used in a variety of ways, including research,
enforcement, litigation support, responses to congressional and Freedom
of Information Act (FOIA) requests, public participation in the
Superfund process, electronic archiving, cost recovery, disaster
recovery, and support of the program and Agency missions. This
notification confirms that the SEMS database may now also be used to
house and manage documents developed by non-Superfund EPA program
offices, including those conducting investigatory and enforcement
activities under the Resource Conservation and Recovery Act, the Safe
Drinking Water Act, the Clean Air Act, and the Federal Water Pollution
Control Act.
Records protected under the Privacy Act are subject to Agency-wide
security requirements governing all database systems at EPA. Privacy is
maintained by limiting access to the database containing confidential
business and personal information. Access to the database has been
limited to individuals designated as system Administrators, Remedial
Project Managers (RPMs), Data Sponsors, On-Scene Coordinators (OSCs),
Information Management Coordinators (IMCs), Budget Coordinators (BCs),
Regional Attorneys, Regional Managers, Data Entry Support Staff,
Support Contractors, and any other staff with assigned data management
responsibilities. This notification confirms that access to utilize and
access the documents in the SEMS database may now be expanded to also
include individuals holding comparable positions (including enforcement
program staff) in EPA offices conducting investigatory and enforcement
activities under the Resource Conservation and Recovery Act, the Safe
Drinking Water Act, the Clean Air Act, and the Federal Water Pollution
Control Act. This notification further clarifies and specifies
categories of records that may be present in the SEMS database.
EPA is adding General Routine Use B related to the disclosure of
information to sources from which additional information is requested
and a General Routine Use D related to disclosure of information to the
Office of Management and Budget (OMB). Additionally, EPA is modifying
General Routine Use L and adding General Routine Use M regarding
response to a suspected or confirmed breach of personally identifiable
information. EPA is also modifying SEMS to add three Specific Routine
Uses that may include disclosure to appropriate Federal, state, local,
and tribal authorities in conformity with Federal, state, local,
[[Page 36126]]
and tribal laws when necessary to protect the environment or public
health or safety, including effectively carrying out an investigation
or response. 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. 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 share
information with members of the public to assure protection of the
environment or public health and safety. Records may be disseminated in
response to other external requests, and in support of investigation;
cleanup; program planning; community outreach; coordination with state,
local and tribal entities; listing and de-listing of Superfund sites;
enforcement activities; and litigation.
SYSTEM NAME AND NUMBER:
Superfund Enterprise Management System (SEMS), EPA-69.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
The system will be managed by the EPA's Office of Emergency
Response, 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):
Jennifer Sutton, Office of Land and Emergency Management (OLEM),
Office of Superfund Remediation and Technology Information (OSRTI),
Mail Code 5202P, 1200 Pennsylvania Ave. NW, Washington, DC 20460;
telephone number (703) 603-8718; <a href="/cdn-cgi/l/email-protection#b2e1c7c6c6dddc9cf8d7dcdcdbd4d7c0f2d7c2d39cd5ddc4"><span class="__cf_email__" data-cfemail="c99abcbdbda6a7e783aca7a7a0afacbb89acb9a8e7aea6bf">[email protected]</span></a>.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Comprehensive Environmental Response, Compensation and Liability
Act, 42 U.S.C. 9604, 9660 and 40 CFR 300; Resource Conservation and
Recovery Act, 42 U.S.C. 6981; Clean Air Act, 42 U.S.C. 7403; Safe
Drinking Water Act, 42 U.S.C. 300i; 300j-1; the Freedom of Information
Act, 5 U.S.C. 552; Toxic Substances Control Act, 15 U.S.C. 2609; and
Federal Water Pollution Control Act, 33 U.S.C. 1254, 1318, 1321.
PURPOSE(S) OF THE SYSTEM:
The purpose of SEMS is to provide project and program managers with
data and information needed to plan, manage, track and report on
investigation, cleanup, and enforcement activities taking place at
Superfund sites. SEMS is an electronic repository of documents and data
used to disseminate records in response to FOIA and other external
requests, and in support of litigation; investigation; cleanup; program
planning; community outreach; coordination with state, local and tribal
entities; listing and de-listing of Superfund sites; and enforcement
activities. SEMS tracks activities at each Superfund site which include
assessment; removal; contamination and risk characterization; remedy
selection and implementation; post construction operation and
maintenance; enforcement activities; financial resources; and community
involvement. SEMS may also be used to track activities at non-Superfund
sites in the system which may include investigation, risk
characterization, and enforcement and negotiation activities.
CATEGORIES OF INDIVIDUALS COVERED BY SYSTEM:
This system covers potentially responsible parties (PRP), EPA
employees with responsibilities at specific Superfund sites, members of
the public who have made public comments on program decisions or who
have environmental sampling results reported for their personal
business or residence, and contractor and analytical laboratory staff
with responsibilities on specific Superfund sites. This system also
covers businesses and individuals subject to EPA regulatory or
enforcement authority under the Resource Conservation and Recovery Act,
the Safe Drinking Water Act, the Clean Air Act, and the Federal Water
Pollution Control Act; EPA employees with responsibilities under those
statutes; members of the public who have made public comments on
program decisions or who have environmental sampling results reported
for their personal business or residence; and contractor and analytical
laboratory staff with responsibilities on specific regulatory or
enforcement matters.
CATEGORIES OF RECORDS IN THE SYSTEM:
Site location and basic descriptive information; contact
information (e.g., name, address, telephone number, email address) for
key individuals with information and responsibilities on specific
sites; data generated and obtained by EPA regarding site information
and actions conducted at the site; information on buildings and other
structures; planned and actual site financial and enforcement
information; information on potentially responsible parties (PRP) or
regulated entities; negotiation data; litigation/referral data; lien
data; alternative dispute resolution data; litigation history;
correspondence tracking; transcribed voice messages; property access
information; land use restrictions; community involvement data (i.e.,
location, contact data, technical assistance grant data); and medical
and public health information pertaining to environmental sampling
results or public complaints.
RECORD SOURCE CATEGORIES:
Information placed and maintained in SEMS is derived from, among
other sources, existing programmatic records, EPA employees,
contractors, grantees, civil investigators and attorneys, analytical
laboratories, private entities, the public, state and local cleanup
programs and officials, and public records.
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, November 10,
2021): A, B, D, E, F, G, H, K, L, and M.
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
[[Page 36127]]
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 share information with members of
the public to assure protection of the environment or public health and
safety.
3. Records may be shared with external parties in support of
investigation; cleanup; program planning; community outreach;
coordination with state, local and tribal entities; listing and de-
listing of Superfund sites; enforcement activities; and litigation.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records will be stored electronically in an Agency-approved
database (Oracle) and managed by system developers and administrators,
along with EPA Office of Superfund Remediation and Technology
Information (OSRTI) personnel. Incremental system backups are performed
nightly and monthly. Actual files are stored in a Windows file server.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records can be retrieved by Site Name, Site ID Number, Author,
Addressee, Document Title, Document Date, and Document ID Number.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records maintained in this system are subject to record schedule
0755, which is still being finalized.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Security controls used to protect personal sensitive data in SEMS
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
Federal Information Systems and Organizations,'' Revision 5.
1. Administrative Safeguards: The system has 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 SEMS application are required to take an annual security and
privacy awareness 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.
2. Technical Safeguards: Information is maintained in a secure
username/password protected environment. Permission-level assignments
allow users access only to those functions for which they are
authorized. Audit logs are reviewed on a monthly basis to identify
system access outside of normal business hours, anomalous user accounts
or server names, or login failures. No external access to SEMS is
provided.
3. Physical Safeguards: Access to all information and hardware is
maintained in a secure, access-controlled facility at the NCC.
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 included in EPA's
Privacy Act regulations at 40 CFR part 16.
CONTESTING RECORD 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 is included 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: <a href="/cdn-cgi/l/email-protection#e393918a9582809aa3869382cd848c95"><span class="__cf_email__" data-cfemail="08787a617e696b71486d7869266f677e">[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:
80 FR 21237 (February 17, 2015).
Vaughn Noga,
Senior Agency Official for Privacy.
[FR Doc. 2022-12825 Filed 6-14-22; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on June 15, 2022.
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.