[Federal Register Volume 87, Number 5 (Friday, January 7, 2022)]
[Notices]
[Pages 959-962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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: https://www.regulations.gov. Follow the 
online instructions for submitting comments.
    Email: [email protected]. 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 https://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 
https://www.regulations.gov. The https://www.regulations.gov 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 https://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. 
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 https://www.epa.gov/dockets.
    Docket: All documents in the docket are listed in the https://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 https://www.regulations.gov 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 https://www.regulations.gov 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 https://www.epa.gov/dockets.

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; 
[email protected].

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; 
[email protected].

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, [email protected].

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


