[Federal Register Volume 69, Number 177 (Tuesday, September 14, 2004)]
[Notices]
[Pages 55433-55436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20677]


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ENVIRONMENTAL PROTECTION AGENCY

[OEI-2002-0009; FRL-7812-6]
RIN-2025-AA13


Privacy Act of 1974 Republication of Exempted System of Records

AGENCY: Environmental Protection Agency.

ACTION: Amendment to notice of Privacy Act system of records.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
republish two exempt Privacy Act system of records.

DATES: Comments must be received on or before October 14, 2004. The 
proposed amendments will be effective upon publication of final 
regulations.

ADDRESSES: Submit your comments, identified by Docket ID No. OEI-2002-
0009, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Agency Web site: http://www.epa.gov/edocket. EDOCKET, 
EPA's electronic public docket and comment system, is EPA's preferred 
method for receiving comments. Follow the on-line instructions for 
submitting comments.
     E-mail: [email protected].
     Fax: 202 566-1753.
     Mail: Office of Environmental Information Docket, 
Environmental Protection Agency, (2822T), 1200 Pennsylvania Ave., NW., 
Washington, DC 20460.
     Hand Delivery: Public Reading Room, Room B102, EPA West 
Building, 1301 Constitution Avenue, 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. OEI-2002-0009. 
EPA's policy is that all comments received will be included in the 
public docket without change and may be made available online at http://www.epa.gov/edocket, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through EDOCKET, http://www.regulations.gov, or e-mail. The EPA EDOCKET and the federal 
regulations.gov Web sites are ``anonymous access'' systems, which means 
EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an e-mail comment 
directly to EPA without going through EDOCKET or http://www.regulations.gov, your e-mail 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, EPA recommends that you include your name and other contact 
information in the body of your comment and with any disk or CD-ROM you 
submit. If EPA cannot read your comment due to technical difficulties 
and cannot contact you for clarification, 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 EPA's public docket visit 
EDOCKET on-line or see the Federal Register of May 31, 2002 (67 FR 
38102).
    Docket: All documents in the docket are listed in the EDOCKET index 
at http://www.epa.gov/edocket. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be

[[Page 55434]]

publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in EDOCKET or in hard 
copy at the Office of Environmental Information Docket, EPA/DC, EPA 
West, Room B102, 1301 Constitution Avenue, NW., Washington, DC. This 
Docket Facility is open from 8:30 a.m. to 4:30 p.m. EST, Monday through 
Friday, excluding legal holidays. The Docket telephone number is (202) 
566-1752. 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 Office of Environmental Information Docket is (202) 566-1752.

FOR FURTHER INFORMATION CONTACT: Judy E. Hutt, PA Officer, Records, 
Privacy and FOIA Branch, Collection Strategies Division, Office of 
Information Collection, Office of Environmental Information (OEI), 
(2822T), EPA, 1200 Pennsylvania Ave, NW., Washington, DC 20460; Phone, 
(202) 566-1668; Fax, (202) 566-1639; [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

    1. Submitting CBI. Do not submit this information to EPA through 
EDOCKET, http://www.regulations.gov or e-mail. Clearly mark the part or 
all of the information that you claim to be CBI. For CBI information in 
a disk or CD-ROM that you mail to EPA, mark the outside of the disk or 
CD-ROM as CBI and then identify electronically within the disk or CD-
ROM the specific information that is claimed as CBI). In addition to 
one complete version of the comment that includes information claimed 
as CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
     Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register date and 
page number).
     Follow directions--The agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree; suggest alternatives 
and substitute language for your requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
     Provide specific examples to illustrate your concerns, and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
     Make sure to submit your comments by the comment period 
deadline identified.

SUPPLEMENTARY INFORMATION: These notices are being republished after 
the publishing of Agency rules.

    Dated: September 3, 2004.
Kimberly T. Nelson,
Assistant Administrator and Chief Information Officer.
EPA-17

System Name:
    OCEFT Criminal Investigative Index and Files.

System Location:
    Criminal Investigation Division, Office of Criminal Enforcement, 
Forensics and Training, Environmental Protection Agency, 1200 
Pennsylvania Avenue NW., Washington, DC 20004. Records are also 
maintained in field offices of the OCEFT Criminal Investigation 
Division. See the appendix for addresses of field offices.

Categories of Individuals Covered by the System:
    Subjects of investigations about whom data has been collected by 
criminal investigators of the Office of Criminal Enforcement, Forensics 
and Training, Criminal Investigation Division, and assembled in the 
form of investigative reports concerning violations of federal 
environmental statutes and regulations; persons who provide information 
and evidence that are used to substantiate environmental criminal 
violations are also covered by this system of records; OCEFT criminal 
investigators who participate in investigations.

Categories of Records in the System:
    1. Investigative Index. The computer-enhanced investigative index 
systems contain selected information from the criminal investigative 
files. Such information includes, but is not limited to, personal data 
(e.g., name, address, telephone number); prior/secondary residences; 
vehicle information; associated persons (name and role); driver's 
licenses/aliases; associated companies (name and role); identifying 
numbers (number type, number and brief description); corporate data 
(company name, address, telephone number); corporate vehicle 
information; corporate identifying numbers; case information (e.g., 
case opened, date referred to EPA); criminal investigator comments; 
name and office of criminal investigator; dissemination information 
(e.g., which other agency requested the information); and other related 
investigative information.
    2. Investigative Files. The investigative files contain all 
information relating to an investigative matter. In addition to the 
information contained in the computerized index system, the 
investigative files contain, but are not limited to, correspondence 
(case coordination reports, memos of conversation, and other records of 
communication relating to the investigation); interviews (witness 
interview statements generated by either an OCEFT/CID special agent or 
another agency or person); regulatory history (permits and reports 
generated as a result of normal program activity); technical support 
(program reports generated as a result of the investigation); 
investigative notes; electronic monitoring (reports requesting 
permission and use, transcripts of tapes); records checks (personal 
history, police information, fingerprint cards, photographs); property 
reports; property obtained and retained by OCEFT/CID including 
documents, personal property and physical evidence; manifests and other 
related investigative information.
    3. Criminal Docket. The Criminal Docket is the computerized 
management information system for the Criminal Investigation Division, 
which reflects the activity and productivity of individual agents and 
each OCEFT/CID office. It is also the primary source for assembling 
statistical data for OCEFT/CID. There is no information contained in 
the Criminal Docket that is not also contained in the Criminal 
Investigative Index and Files. The Criminal Docket contains the OCEFT/
CID case number, the case name, the most recent investigative or 
prosecutorial activity, the involved environmental media and 
environmental statutes, government employees involved in the 
investigation, case status and case closure codes. The case name may be 
either a company name or the name of a person that denotes the subject 
of the investigation. Authority for Maintenance of the System (includes 
any revisions or amendments): 18 U.S.C. 3063; Comprehensive 
Environmental Response, Compensation and Liability

[[Page 55435]]

Act, 42 U.S.C. 9603; Resource Conservation and Recovery Act, 42 U.S.C. 
6928; Federal Water Pollution Control Act, 33 U.S.C. 1319, 1321; Toxic 
Substances Control Act, 15 U.S.C. 2614, 2615; Clean Air Act, 42 U.S.C. 
7413; Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. 
136j, 136l; Safe Drinking Water Act, 42 U.S.C. 300h-2, 300i-1; Noise 
Control Act of 1972, 42 U.S.C. 4912; Emergency Planning and Community 
Right-To-Know Act of 1986, 42 U.S.C. 11045; and the Marine Protection, 
Research, and Sanctuaries Act of 1972, 33 U.S.C. 1415.

Purpose(s):
    To support and further the investigation of persons or 
organizations alleged to have criminally violated any environmental 
statute or regulation. Criminal violations of other federal statutes 
may have occurred in conjunction with such environmental violations 
and, therefore, may also be within the scope of an OCEFT/CID 
investigation and may be included in the record system.

Routine Uses of Records Maintained in the System, Including Categories 
of Users, and the Purposes of Such Uses:
    General Routine Uses A, C, D, E, F, G, H, and K apply to this 
system. Records may also be disclosed:
    1. To a potential source of information to the extent necessary to 
elicit information or to obtain cooperation of that source in 
furtherance of an EPA criminal investigation.
    2. To the Department of Justice for consultation about what 
information and records are required to be publicly released under 
federal law.
    3. To a federal agency in response to a valid subpoena.
    4. To Federal and state government agencies responsible for 
administering suspension and debarment programs.
    5. To international law enforcement organizations if the 
information is relevant to a violation or potential violation of civil 
or criminal law or regulation within the jurisdiction of the 
organization or a law enforcement agency that is a member of the 
organization.
    6. To the news media and public unless it is determined that the 
release of the specific information in the context of a particular case 
would constitute an unwarranted invasion of privacy.
    7. To any person if the EPA determines that compelling 
circumstances affecting human health, the environment, or property 
warrant the disclosure.
    8. In connection with criminal prosecution or plea negotiations to 
the extent that disclosure of the information is relevant and necessary 
to the prosecution or negotiation 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).

Policies and Practices For Storing, Retrieving, Accessing, Retaining, 
and Disposing of Records in the System:
    Storage: Hard copy files and computer databases.
    Retrievability: Files are assigned a case file number and records 
are maintained in numerical order. Information on individuals may be 
retrieved through the computer index which can use, among other things, 
case titles, the names of individuals, organization names, driver's 
license numbers, vehicle or tag or vehicle identification numbers and 
other identifying numbers.
    Safeguards: Computer records are maintained in a secure, password 
protected computer system. Paper records are maintained in lockable 
file cabinets. All records are maintained in secure, access-controlled 
areas or buildings. The index system also maintains a user log that 
identifies and records persons who access and use the system.
    Retention and Disposal: The manner of Retention and Disposal of the 
computer index and files depends on how the information is used. The 
files and computerized data fall into one of three categories:
    1. For cases investigated but not referred to the Department of 
Justice (DOJ) for criminal prosecution, files are retained in the 
applicable OCEFT/CID office for two years after the investigation is 
closed and then forwarded to the Federal Records Center (FRC) nearest 
the System Location for an additional three years. The FRC will 
normally destroy the files after three years.
    2. For cases referred to DOJ but DOJ declines to prosecute, files 
are retained by the applicable OCEFT/CID office for five years after 
DOJ declines to prosecute and then retired to the FRC, where they are 
normally destroyed after five years.
    3. For cases that become the subject of judicial action, files are 
retained by the applicable OCEFT/CID office for five years after 
completion of the judicial action and then forwarded to the FRC for an 
additional ten years of retention. The FRC normally destroys the case 
files after ten years.

System Manager(s) and Address:
    Director, Criminal Investigations Division, Office of Criminal 
Enforcement, Forensics and Training, Environmental Protection Agency, 
Ariel Rios Building, 1200 Pennsylvania Avenue NW., Washington, DC 
20004.

Notification Procedures:
    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 System Manager. 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.

Access Procedure:
    To the extent permitted under the Privacy Act of 1974, 5 U.S.C. 
552a(j)(2) or (k)(2), this system has been exempted from the provisions 
of the Privacy Act of 1974 that permit access and correction. 
Exemptions from access may be complete or partial, depending on the 
particular exemption applicable. However, EPA may, in its discretion, 
grant individual requests for access and correction if it determines 
that the exercise of these rights will not interfere with an interest 
that the exemption is intended to protect.

Contesting Procedure:
    Requests for correction or amendment must identify the record to be 
changed and the corrective action sought. Complete EPA Privacy Act 
procedures are set out in 40 CFR part 16.

Record Source Categories:
    EPA employees and officials; employees of Federal contractors; 
employees of other Federal agencies and of State, local, tribal, and 
foreign agencies; witnesses; informants; public source materials, and 
other persons who may have information relevant to OCEFT/CID 
investigations.

Systems Exempted From Certain Provisions of the Act:
    Pursuant to 5 U.S.C. 552a(j)(2) this system is exempt from the 
following provisions of the Privacy Act: 5 U.S.C. 552a(c)(3) and (4); 
(d); (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(5) and (e)(8); 
(f)(2) through (5); and (g). Pursuant to 5 U.S.C. 552a(k)(2), this 
system is exempt from the following provisions of the Privacy Act, 
subject to the limitations set forth in that subsection: 5 U.S.C. 
552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), and (f)(2) through (5).

[[Page 55436]]

BJEPA-21

System Name:
    External Compliance Program Discrimination Complaint Files.

System Location:
    Office of Civil Rights, Environmental Protection Agency, Ariel Rios 
Building, 1200 Pennsylvania Avenue NW., Washington, DC 20460.

Categories of Individuals Covered by the System:
    Individuals who have filed, or had filed on their behalf, 
discrimination complaints against recipients of Federal financial 
assistance.

Categories of Records in the System:
    Letters or other documents initiating discrimination complaints, 
correspondence, internal memoranda and notes pertaining to the 
complaints; investigative reports and findings on the complaints; and 
related information concerning the complaints and investigations. A 
computerized case index includes cases by number, complainant (but not 
all complainants are identified because there are sometimes multiple 
complainants in a single case), and recipient.

Authority for Maintenance of the System (includes any revisions or 
amendments):
    Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d et seq.; 
Title IX of the Education Amendments of 1972, 20 U.S.C. 1681 et seq.; 
Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794; Federal 
Water Pollution Control Act Amendments of 1972 (Pub. L. 92-500, section 
13), 33 U.S.C.1251 note; Title III of the Age Discrimination Act of 
1975, 42 U.S.C. 6101 et seq.); Title VIII of the Federal Fair Housing 
Act (42 U.S.C. 3601); Executive Orders 11246 (Sept. 24, 1965), 12250 
(Nov. 2, 1980) and 12892 (Jan. 17, 1994); 40 CFR part 7.

Purpose(s):
    This file system is maintained to support and further the 
discrimination complaint process, including the investigation and 
resolution of complaints, and to assure compliance with the 
nondiscrimination laws by recipients of Federal financial assistance.

Routine Uses of Records Maintained in the System, Including Categories 
of Users, and the Purposes of Such Uses:
    General Routine Uses A, C, D, E, F, G, H, I, and K apply to this 
system. Records may also be disclosed:
    1. To the Department of Justice or other Federal and State agencies 
when necessary to complete an investigation, enforce the 
nondiscrimination statutes set forth in the Authority section of this 
Notice, or assure proper coordination between Federal agencies.
    2. To persons named as alleged discriminating officials to allow 
such persons the opportunity to respond to the allegations of 
discrimination made against them during the course of the 
discrimination complaint process.
    3. To any potential source of information when necessary to obtain 
information relevant to an OCR investigation of a discrimination 
complaint, but only to the extent necessary to inform the source of the 
Purpose(s) of the request and to identify the type of information 
requested. Policies and Practices for Storing, Retrieving, Accessing, 
Retaining, and Disposing of Records in the System:
    Storage: File folders. An index of cases is maintained on a 
computer database.
    Retrievability: By name, case file number, or other characteristic.
    Safeguards: Computer records are maintained in a secure, password 
protected computer system. Paper records are maintained in lockable 
file cabinets. All records are maintained in secure, access-controlled 
areas or buildings.
    Retention and Disposal: The record schedule for these records is 
currently under review and will be submitted to the National Archives 
and Records Administration. Proposed retention: Files are retained in 
the office for one year after the final decision is written, sent to 
the Federal Records Center for nine years, then destroyed.

System Manager(s) and Address:
    Associate Director, Complaints Resolution and External Compliance 
Staff, Office of Civil Rights, Environmental Protection Agency, Ariel 
Rios Building, 1200 Pennsylvania Avenue NW., Washington, DC 20460.

Notification Procedures:
    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 System Manager.

Access Procedure:
    To the extent permitted under the Privacy Act of 1974, 5 U.S.C. 
552a(k)(2), this system has been exempted from the provisions of the 
Privacy Act of 1974 that permit access and correction. However, EPA 
may, in its discretion, fully grant individual requests for access and 
correction if it determines that the exercise of these rights will not 
interfere with an interest that the exemption is intended to protect. 
The exemption from access is limited in some instances by law to 
information that would reveal the identity of a confidential source. 
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 Procedure:
    Requests for correction or amendment must identify the record to be 
changed and the corrective action sought. Complete EPA Privacy Act 
procedures are set out in 40 CFR part 16.

Record Source Categories:
    Complainants, recipients, witnesses, EPA investigators and/or 
contract investigators, other EPA personnel, and other persons with 
information relevant to the case.

Systems Exempted From Certain Provisions of the Act:
    Pursuant to 5 U.S.C. 552a(k)(2), this system is exempt from the 
following provisions of the Privacy Act of 1974, subject to the 
limitations set forth in that subsection: 5 U.S.C. 552a(c)(3), (d), and 
(e)(1).

[FR Doc. 04-20677 Filed 9-13-04; 8:45 am]
BILLING CODE 6560-50-P