[Federal Register Volume 84, Number 161 (Tuesday, August 20, 2019)]
[Notices]
[Pages 43125-43127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17922]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9997-90-OMS]


Privacy Act of 1974; System of Records

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

ACTION: Notice of a new system of records.

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SUMMARY: The Environmental Protection Agency's (EPA) Office of Air and 
Radiation, Office of Atmospheric Programs, is giving notice that it 
proposes to create a new system of records pursuant to the provisions 
of the Privacy Act of 1974. This system of records contains personally 
identifiable information collected from approved Clean Air Act section 
608 technician certification programs that are withdrawing from the 
program or having their approval revoked. The system will maintain the 
information necessary for EPA to assist certified air-conditioning and 
refrigeration technicians who have lost or damaged their certification 
cards in obtaining replacement cards when the original cards were 
obtained from certification programs that have withdrawn from the 
program or have had their approval revoked.

DATES: Persons wishing to comment on this new system of records notice 
must do so by September 19, 2019. If no comments are received, the 
system of records notice will become effective by September 19, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OEI-2017-0205, by one of the following methods:
    Regulations.gov: www.regulations.gov. Follow the online 
instructions for submitting comments.
    Email: oei.docket@epa.gov.
    Fax: 202-566-1752.
    Mail: OMS Docket, Environmental Protection Agency, Mailcode: 2822T, 
1200 Pennsylvania Ave. NW, Washington, DC 20460.
    Hand Delivery: OMS Docket, EPA/DC, WJC West Building, Room 3334, 
1301

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Constitution Ave. NW, Washington, DC. 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-
2017-0205. 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 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 
www.regulations.gov. The www.regulations.gov website is an ``anonymous 
access'' system for EPA, which means the EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. Each agency determines submission requirements within 
their own internal processes and standards. EPA has no requirement of 
personal information. If you send an email comment directly to the EPA 
without going through 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. 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. 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's public docket visit the EPA 
Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the 
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 www.regulations.gov or in hard copy at the OMS 
Docket, EPA/DC, WJC West Building, Room 3334, 1301 Constitution Ave. 
NW, Washington, DC. The Public Reading Room is 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.

FOR FURTHER INFORMATION CONTACT: Sara Kemme, Office of Atmospheric 
Programs, U.S. Environmental Protection Agency, Mail Code 6205T, 1200 
Pennsylvania Avenue NW, Washington, DC 20460; email address: 
kemme.sara@epa.gov, (202) 566-0511.

SUPPLEMENTARY INFORMATION:  The U.S. Environmental Protection Agency 
(EPA) plans to create a Privacy Act system of records for certain 
refrigeration and air-conditioning technician records. The information 
collected in this system supports the refrigerant management program 
under Clean Air Act (CAA) section 608 and implementing regulations 
codified in 40 CFR part 82, subpart F. The regulations establish a 
certification program for technicians that work on air-conditioning or 
refrigeration appliances. Instead of directly testing and issuing 
certifications, EPA approves programs that certify technicians. 
Certifying programs can voluntarily withdraw when they no longer wish 
to certify technicians. When a program withdraws its participation, or 
has its approval revoked or failure to abide by the regulatory 
requirements, the program must properly dispose of its records by 
transferring them to another approved technician certification program 
or to EPA. These records will allow EPA to assist certified technicians 
in obtaining replacement certification cards.
SYSTEM NAME AND NUMBER
    Section 608 Technician Certification Records, EPA-75.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue NW, 
Washington, DC 20460.

SYSTEM MANAGER(S):
    Branch Chief, Stratospheric Program Implementation Branch, 
Stratospheric Protection Division, Office of Atmospheric Programs, Mail 
Code 6205T, 1200 Pennsylvania Avenue NW, Washington, DC 20460; email 
address spdcomment@epa.gov.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    42 U.S.C. 7414, 7601, 7671-7671q.

PURPOSE(S) OF THE SYSTEM:
    The purpose of the system is to accept records from programs that 
withdraw or have their approval revoked from participation in the 
Section 608 technician certification program. The system will maintain 
the information necessary for EPA to assist certified air-conditioning 
and refrigeration technicians who have lost or damaged their 
certification cards in obtaining replacement cards.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    EPA-certified air-conditioning and refrigeration technicians whose 
certifying program has withdrawn its participation in the program or 
had its approval revoked.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Technician name (first, last and middle initial), address, contact 
information (which can include address, phone number, and email 
address), type of certification, site of certification or location 
number, year of certification, certifying program-generated 
identification number, notes on how past requests for replacement cards 
were resolved, and other information provided by the technician 
certification program.

RECORD SOURCE CATEGORIES:
    EPA-approved certifying programs that are withdrawing from the 
program or are having their approval revoked.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    The use of the record is necessary for the efficient conduct of 
government operations; and/or the use is both related to and compatible 
with the original purpose for which the information was collected. 
Also, each routine use of the records contained in the system, 
including the categories of users and the purpose of such use. The last 
two routine uses are required in accordance with M-17-12. Information 
may be provided:
    1. To a federal, state, local, tribal or foreign agency if the 
information is relevant to a violation or potential violation of law, 
whether civil, criminal or regulatory in nature;
    2. 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

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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;
    3. To contractors, grantees, consultants or volunteers who have 
been engaged by the agency to assist in performing a service and who 
need access to the information in order to perform the service;
    4. To an authorized appeal grievance examiner, formal complaints 
examiner, equal employment opportunity investigator, arbitrator or 
other person properly engaged in investigation or settlement of an 
administrative grievance, complaint, claim, or appeal filed by an 
employee, but only to the extent that the information is relevant and 
necessary to the proceeding. Agencies that may obtain information under 
this routine use include, but are not limited to, the Office of 
Personnel Management, Office of Special Counsel, Merit Systems 
Protection Board, Federal Labor Relations Authority, Equal Employment 
Opportunity Commission, and Office of Government Ethics;
    5. 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);
    6. 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 
to respond to the suspected or confirmed breach or to prevent, 
minimize, or remedy such harm.
    7. 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.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Electronic records will be stored in a password protected file on a 
computer that is not connected to the EPA network in a locked room and 
paper records will be stored in a locked filing cabinet in a locked 
room.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved by the person's name.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records stored in this system are subject to EPA's records schedule 
1035(d). This record retention schedule requires destruction 10 years 
after file closure.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Records stored at EPA offices are secured through building security 
protocols such as employee identification checks and security 
screenings for visitors. Electronic and hardcopy files will be stored 
at EPA headquarters in Washington DC. Electronic files can only be 
accessed using an EPA-issued PIV card. Access is limited to specific 
authorized Agency and contractor personnel who administer the program. 
All contractors are subject to the Federal Acquisition Regulations 
(FAR) Privacy Act clauses in their contract with EPA. Computer-stored 
information is protected in accordance with the Agency's security 
requirements. The system of records will be maintained as a password 
protected database on a computer that requires dual-factor 
authentication to log on to. Different levels of access (e.g., view, 
edit, etc.) will be assigned to personnel. Personnel that have access 
to the system will be trained in the handling of personally 
identifiable information. Paper records related to the system will be 
kept in locked filing cabinets within a limited access room or on a 
limited as-needed basis in a locked cabinet in EPA employee workspace.

RECORD ACCESS PROCEDURES:
    Individuals can obtain assistance in obtaining a replacement 
technician certification card here: https://www.epa.gov/section608/steps-replacing-lost-section-608-technician-certification-card. General 
requests for access must be made in accordance with the procedures 
described in EPA's Privacy Act regulations at 40 CFR part 16. 
Requesters will be required to provide adequate identification, such as 
a driver's license, employee identification card, or other identifying 
document. Additional identification procedures may be required in some 
instances.

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 PROCEDURE:
    Any individual who wants to know whether this system of records 
contains a record about him or her, who wants access to his or her 
record, or who wants to contest the contents of a record, should make a 
written request to the Agency Privacy Officer, MC 2831T, 1200 
Pennsylvania Avenue NW, Washington, DC 20460.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    None.

    Dated: August 1, 2019.
Vaughn Noga,
Senior Agency Official for Privacy.
[FR Doc. 2019-17922 Filed 8-19-19; 8:45 am]
 BILLING CODE 6560-50-P


