Notice2022-22271
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
October 19, 2022
Effective
November 18, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The U.S. Environmental Protection Agency's (EPA) Office of Chemical Safety and Pollution Prevention is giving notice that it proposes to modify the Federal Lead-Based Paint Program (FLPP) System of Records pursuant to the provisions of the Privacy Act of 1974. To perform Lead-Based Paint or Renovation, Repair, and Painting (RRP) Activities in target housing and child-occupied facilities, EPA requires firms to be certified, individuals to be trained/certified, trainers to be accredited, and individuals to adhere to certain work practice requirements. In addition, firms must notify EPA prior to commencement of lead-based paint abatement activities and accredited training providers must notify EPA with information regarding courses scheduled and provided. The Agency uses the FLPP Database to manage and store information related to the application process for the accreditation of training providers and the certification of firms and individuals who perform abatement and renovation repair and painting activities.
Full Text
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<title>Federal Register, Volume 87 Issue 201 (Wednesday, October 19, 2022)</title>
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[Federal Register Volume 87, Number 201 (Wednesday, October 19, 2022)]
[Notices]
[Pages 63491-63493]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-22271]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-10093-01-OMS]
Privacy Act of 1974; System of Records
AGENCY: Office of Chemical Safety and Pollution Prevention,
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
Chemical Safety and Pollution Prevention is giving notice that it
proposes to modify the Federal Lead-Based Paint Program (FLPP) System
of Records pursuant to the provisions of the Privacy Act of 1974. To
perform Lead-Based Paint or Renovation, Repair, and Painting (RRP)
Activities in target housing and child-occupied facilities, EPA
requires firms to be certified, individuals to be trained/certified,
trainers to be accredited, and individuals to adhere to certain work
practice requirements. In addition, firms must notify EPA prior to
commencement of lead-based paint abatement activities and accredited
training providers must notify EPA with information regarding courses
scheduled and provided. The Agency uses the FLPP Database to manage and
store information related to the application process for the
accreditation of training providers and the certification of firms and
individuals who perform abatement and renovation repair and painting
activities.
DATES: Persons wishing to comment on this system of records notice must
do so by November 18, 2022. New and modified routine uses for this
modified system of records will be effective November 18, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OEI-2017-0588, 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#dcb8b3bfb7b9a883b3b1af9cb9acbdf2bbb3aa"><span class="__cf_email__" data-cfemail="afcbc0ccc4cadbf0c0c2dcefcadfce81c8c0d9">[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-
2017-0588. 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 current
operating status is available at <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
FOR FURTHER INFORMATION CONTACT: Robert Wright, Existing Chemicals Risk
Management Division (7404T), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001; email address: <a href="/cdn-cgi/l/email-protection#116663787679653f637e73746365517461703f767e67"><span class="__cf_email__" data-cfemail="cbbcb9a2aca3bfe5b9a4a9aeb9bf8baebbaae5aca4bd">[email protected]</span></a>; telephone number:
202.566.1975.
SUPPLEMENTARY INFORMATION: The FLPP System of Records (FLPPSOR) is
being modified to (1) change the name of the system from FLPPSOR to
FLPP Database to be more consistent with Agency nomenclature, (2)
update the General Routine Uses to add routine uses D, J, L, and M, (3)
add a new routine use for the purpose of sharing information for Agency
research purposes or to support other research activities (e.g.,
academic institutions research), and (4) update the ``categories of
individuals'', ``categories of records'', and ``policies and practices
for retrieval of records'' sections to ensure that all personally
identifiable information contained within FLPP Database is addressed.
[[Page 63492]]
SYSTEM NAME AND NUMBER:
Federal Lead-Based Paint Program (FLPP) Database, EPA-SORN 54.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
The system will be managed by the Office of Chemical Safety and
Pollution Prevention, Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460. Electronically stored
information is hosted at the EPA National Computer Center (NCC), 109 TW
Alexander Drive, Research Triangle Park, Durham, NC 27711. Paper
records are also maintained at EPA regional offices as well as the
Federal program contractor's facilities.
SYSTEM MANAGER(S):
Brian Symmes, Acting Director, Existing Chemicals Risk Management
Division, USEPA, Office of Pollution Prevention and Toxics, (7404T),
1200 Pennsylvania Ave. NW, Washington, DC 20460, (202) 566-1652; and
Michelle Price, Chief, Risk Management Branch 2, Existing Chemicals
Risk Management Division, USEPA, Office of Pollution Prevention and
Toxics, (7404T), 1200 Pennsylvania Ave. NW, Washington, DC 20460, (202)
566-0744.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Section 402 of the Toxic Substances Control Act (TSCA), 15 U.S.C.
2601 et seq., 40 CFR part 745--Lead-based Paint Poisoning Prevention in
Certain Residential Structures.
PURPOSE(S) OF THE SYSTEM:
Information collected in this system is used to establish an
applicant's eligibility for (1) certification to conduct lead-based
paint and RRP activities in target housing and child-occupied
facilities; and (2) accreditation to teach lead-based paint and RRP
activities training courses. This certification and accreditation
information, as well as information collected from required
notifications is used for compliance monitoring, enforcement purposes,
and related research.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Firms (including sole proprietorships and individuals doing
business), trainers and individuals that perform or wish to perform
regulated lead-based paint and renovation activities. Members of the
public who have been trained by an EPA accredited training provider to
conduct regulated lead-based paint or renovation activities.
CATEGORIES OF RECORDS IN THE SYSTEM:
The FLPP Database system of records contains individuals' names,
home addresses, business addresses, telephone numbers, email addresses,
documentation of experience/education/training, date of birth, gender,
height, weight, hair color, eye color, and photographs.
RECORD SOURCE CATEGORIES:
Information is obtained from individuals through their submission
of relevant programmatic forms. These include applications for
individual and firm certification, training provider accreditation,
notification of training and abatement activities.
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, B, C, D, E,
F, G, H, I, J, K, L and M.
Additional routine uses that apply to this system are:
(1) Information may be disclosed to contractors, grantees,
consultants, volunteers, educational institutions, or research
organizations who have a need to have access to the information in the
performance of research related to the FLPP. Information may be shared
for Agency research purposes or to support other FLPP-related research
activities at educational institutions or research organizations. 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).
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
These records are maintained electronically on computer storage
devices located at the U.S. EPA National Computer Center, 109 T.W.
Alexander Drive, Research Triangle Park, NC 27711. Paper records are
maintained at the EPA regional offices and the facility operated by
EPA's Federal program contractor's office.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by an individual's name, date of birth, home
address, business address, application ID number, applicant ID number,
or program activity.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
EPA will retain and dispose of these records in accordance with the
EPA Records Schedule 0089. The National Archives and Records
Administration (NARA) Disposal Authority: DAA-GRS-2013-0002-0016
disposition instructions requires NARA records to be closed when no
longer needed to conduct Agency business and to be destroyed
immediately after file closure. When disposal of records is
appropriate, sensitive information must be shredded or otherwise
definitively destroyed to protect confidentiality.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Security controls used to protect personal sensitive data in the
FLPP Database are commensurate with those required for an information
system rated MODERATE for confidentiality, integrity, and availability,
as prescribed in the 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: All personnel are required to
complete annual agency Information Security and Privacy training. All
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. FLLP Database access is
limited to authorized, authenticated users integrated with the Agency's
single-sign-on or <a href="http://Login.gov">Login.gov</a>. This integration uses the user's
credentials to identify the user prior to granting access to the
platform and the FLPP Database. 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. Paper records stored at EPA's
Federal program contractor and storage facility are protected by
computerized badge-reading security systems, with files maintained in
locked file drawers. Records stored at EPA offices are secured through
building security protocols and computerized badge-reading systems.
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
[[Page 63493]]
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#7c0c0e150a1d1f053c190c1d521b130a"><span class="__cf_email__" data-cfemail="2555574c5344465c654055440b424a53">[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:
70 FR 35251--Established a new System of Records (SOR) under the
Federal Lead-Based Paint Program (June 17, 2005).
74 FR 42298--Amended an existing system of records (SOR) by
changing the title of ``Lead-Based Paint System of Records'' (LPSOR) to
the ``Federal Lead-Based Paint Program System of Records'' (FLPPSOR)
(August 21, 2009) <a href="https://www.govinfo.gov/content/pkg/FR-2009-08-21/pdf/E9-20209.pdf">https://www.govinfo.gov/content/pkg/FR-2009-08-21/pdf/E9-20209.pdf</a>.
84 FR 5673--Amended an existing system of records (SOR) to update
the category of uses to add lead-based paint and renovator
professionals' photographs, to add names of training program manages
and principal course instructors as well as their education experience
or training qualification, and to discuss EPA's Central Data Exchange
(CDX) interconnection or online applications and notifications
submissions and other administrative updates to the FLPPSOR (February
22, 2019).
Vaughn Noga,
Senior Agency Official for Privacy.
[FR Doc. 2022-22271 Filed 10-18-22; 8:45 am]
BILLING CODE 6560-50-P
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