[Federal Register Volume 86, Number 111 (Friday, June 11, 2021)]
[Notices]
[Pages 31307-31310]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12230]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10022-63-OCFO]


Privacy Act of 1974; System of Records

AGENCY: Office of the Chief Financial Officer (OCFO), Environmental 
Protection Agency (EPA).

ACTION: Notice of a new system of records.

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SUMMARY: The U.S. Environmental Protection Agency's (EPA), Office of 
the Chief Financial Officer, Office of Technology Solutions is giving 
notice that it proposes to create a new system of records pursuant to 
the provisions of the Privacy Act of 1974. The e-Recovery system of 
records (EPA-90) is being created to replace the Superfund Cost 
Recovery Package Imaging and On-Line System (SCORPIOS) system of 
records (EPA-39). The e-Recovery system will be used to organize cost 
information and produce reports that summarize the costs for a specific 
Superfund Response or Oil Removal site, and will also be used to track 
Federal Emergency Management Agency (FEMA) mission assignment costs. 
The information previously stored in SCORPIOS will be stored in the e-
Recovery system.

DATES: Persons wishing to comment on this system of records notice must 
do so by July 12, 2021. New routine uses for this new system of records 
will be effective July 12, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No., EPA-HQ-
OMS-2019-0649 by one of the following methods:
    Regulations.gov: www.regulations.gov. Follow the online 
instructions for submitting comments.
    Email: docket_oms@epa.gov. 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-OMS-
2019-0649. 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 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

[[Page 31308]]

your comment. 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. 
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 
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 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: Andrew Lam, Ronald Reagan Building, 
1300 Pennsylvania Ave. NW, Washington, DC 20460, Office of Chief 
Financial Officer, (202) 564-2925, Lam.Andrew@epa.gov.

SUPPLEMENTARY INFORMATION: EPA has the authority to recover costs 
associated with its response to releases or threatened releases of 
hazardous substances, or discharges or threatened discharges of oil. 
EPA will use the e-Recovery system to organize and produce reports 
detailing this cost information. To support the recovery of certain 
removal costs associated with threatened or actual discharges of oil, 
EPA submits a Cost Recovery Package (CRP) to the U.S. Coast Guard 
(USCG). Previously, EPA used SCORPIOS to prepare the CRP; however, 
because SCORPIOS uses old technology that has become difficult and 
expensive for the Agency to maintain, the SCORPIOS system will be 
replaced with the more modern e-Recovery system. SCORPIOS will be 
decommissioned once e-Recovery goes live.

SYSTEM NAME AND NUMBER:
    e-Recovery, EPA-90.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    109 T.W. Alexander Drive, NCC Building, Durham, NC 27711.

SYSTEM MANAGER(S):
    Michael Clanton, Director, Office of Technology Solutions, (202) 
564-1084, Clanton.Michael@epa.gov, Ronald Reagan Building, 1300 
Pennsylvania Ave. NW, Washington, DC 20460.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Comprehensive Environmental Response, Compensation, and Liability 
Act of 1980, 42 U.S.C. 9607; 5 U.S.C. 301; 31 U.S.C. 3512; Executive 
Order 9397 (Nov. 22, 1943); Federal Water Pollution Control Act, as 
amended by the Federal Water Pollution Control Act Amendments of 1972 
(Clean Water Act), 33 U.S.C. 1321; National Oil and Hazardous 
Substances Pollution Contingency Plan, 40 CFR part 300.

PURPOSE(S) OF THE SYSTEM:
    The e-Recovery system will maintain and organize cost information 
associated with responding to releases or threatened releases of 
hazardous substances or discharges or threatened discharges of oil, and 
will be used to track FEMA mission assignment costs. EPA will use the 
information stored in this system to produce cost reports, which will 
be used to support the Agency's recovery of its clean-up costs from 
responsible parties. EPA, the U.S. Department of Justice, and the U.S. 
Coast Guard will also use this information for litigation support 
purposes.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    EPA employees, EPA contractors, non-EPA government personnel, state 
and local government personnel and/or private citizens.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The e-Recovery system will store the following information: Social 
security number, name, home address, credit card number, other credit 
card information, driver's license number, other personal 
identification numbers (i.e., home phone numbers, membership numbers, 
personal license plates, etc.) and other personal information related 
to travel expenses such as home addresses, credit card numbers, and 
other recoverable expense items.

RECORD SOURCE CATEGORIES:
    The primary source of data for e-Recovery is the Compass Data 
Warehouse (CDW). CDW is a system that consolidates financial data from 
several enterprise systems, such as Compass, Integrated Grants 
Management System (IGMS), People Plus, EPA Acquisition System (EAS), 
and Payment Tracking System (PTS), into a single relational database. 
All of the data that resides in the CDW originates from the enterprise 
systems and is a duplicate of data from the original source.

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 (73 FR 2245): General routine 
uses A, F, G, H, I, K, L, and M.
    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.
    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

[[Page 31309]]

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).
    I. Disclosures for Administrative Claims, Complaints and Appeals: 
Information from this system of records may be disclosed 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.
    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 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.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    These records are maintained electronically in computer databases 
and backup disks. Incremental backups run weeknights (Monday through 
Thursday), full backups run every weekend (Friday PM through Monday 
AM). These backups are maintained at the National Computer Center 
(NCC), 109 T.W. Alexander Drive, Durham, NC 27711.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved by employee last name, pay period, and 
Superfund site identification number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    EPA will retain and dispose of these records in accordance with the 
National Archives and Records Administration General Records Schedule 
and EPA Records Schedule 0052, NARA Disposal Authority: DAA-GRS-2013-
0003-0001. e-Recovery records are retained for at least 30 years after 
the completion of all cost recovery at a given Superfund Site.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Security controls used to protect personal and/or sensitive data in 
the e-Recovery 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 Federal Information Systems and Organizations,'' Revision 
5.
    1. Administrative Safeguards: EPA employees and contractors are 
required to complete annual agency Information Security and Privacy 
training. EPA employees and contractors are instructed to lock their 
computers when they leave their desks.
    2. Technical Safeguards: Computer records are maintained in a 
secure password protected environment. Access to computer records is 
limited to those who have a need to know. Personal Identification 
Verification (PIV) card is required to get access to e-Recovery. 
Permission level assignments allow users access only to those functions 
for which they are authorized.
    3. Physical Safeguards: 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 RECORDS 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, should make a written request to 
the EPA, Attn: Agency Privacy Officer, MC 2831T, 1200 Pennsylvania Ave. 
NW, Washington, DC 20460, privacy@epa.gov.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

[[Page 31310]]

HISTORY:
    Federal Register: October 1, 2001 (Volume 66, Number 190).

Vaughn Noga,
Senior Agency Official for Privacy.
[FR Doc. 2021-12230 Filed 6-10-21; 8:45 am]
BILLING CODE 6560-50-P


