[Federal Register Volume 70, Number 116 (Friday, June 17, 2005)]
[Notices]
[Pages 35251-35253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11913]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[OEI-2004-0005; FRL-7698-1]


Lead-Based Paint System of Records (LPSOR)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY:  Pursuant to the provisions of the Privacy Act of 1974 (5 
U.S.C. 552a), EPA's Office of Pollution Prevention and Toxics (OPPT) is 
giving notice that it intends to establish a new System of Records 
(SOR) under the Federal Lead-Based Paint Program. This system of 
records (LPSOR), comprising information stored in both electronic and 
hard paper formats, contains information on individuals who have 
applied for certification to conduct lead-based paint activities, who 
are students taking classes in lead-based paint activities, or who have 
been identified on behalf of firms which conduct or which receive 
accreditation to provide training in lead-based paint activities. EPA 
administers lead-based paint certification and accreditation programs 
in states, Indian tribal areas, and territories that do not have EPA 
authorization to administer such programs. Applicants interested in 
certification and accreditation must submit a complete application 
package and necessary fees for EPA approval.

DATES:  EPA intends to implement the new System of Records on July 27, 
2005.

FOR FURTHER INFORMATION CONTACT: Robert Wright,National Program 
Chemicals Division (7404T), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (202) 566-1975; e-mail 
address:[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me

    This action is directed to the public in general. This action may, 
however, be of interest to persons and firms making application for 
certification to perform lead-based paint activities and training 
organizations applying for accreditation to perform lead-based paint 
activitytraining. Since other entities may also be interested, the 
Agency has not attempted to describe all the specific entities that may 
be affected by this action. If you have any questions regarding the 
applicability of this action to a particular entity, consult the person 
listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information

    1. Docket. EPA has established an official public docket for this 
action under docket identification number OEI-2004-0005. The official 
public docket is the collection of materials that is available for 
public viewing at the OEI Docket in the EPA Docket Center, (EPA/DC) EPA 
West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The EPA 
Docket Center 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 Reading Room is (202) 566-1744, and the telephone number for 
the OEI Docket is (202) 566-1752.
    2. Electronic access. An electronic version of the public docket is 
available through EPA's electronic public docket and comment system, 
EPA Dockets (http://www.epa.gov/edocket/). EPA Dockets can be used to 
view public comments, to access the index listing of the contents of 
the official public docket, and to access those documents in the public 
docket that are available electronically. Although not all docket 
materials may be available electronically, you may still access any of 
the publicly available docket materials through the docket facility 
identified above.

II. LPSOR

    The EPA Federal Lead-Based Paint Program system of records does not 
duplicate any existing system of records. The new system is a system of 
information on individuals who have applied for certification and 
accreditation to perform lead-based paint activities. The system 
handles Privacy Act protected information in the same manner regardless 
of whether the information is contained in electronic or hard copy 
form. Access to the system is restricted to authorized users and will 
be maintained in a secure, password protected computer system, in 
secure areas and buildings with physical access controls and 
environmental controls. The system is maintained by EPA's Office of 
Pollution Prevention and Toxics (OPPT).

List of Subjects

    Environmental protection, Lead-based paint.


    Dated: May 31, 2005.
Kimberly T. Nelson,
Assistant Administrator and Chief Information Officer, Office of 
Environmental Information.

EPA-54

System Name:

    Lead-Based Paint Program System of Records (LPSOR).

Security Classification:

    None.

System Location:

    Records maintained under the LPSOR are stored in different formats 
and in several locations as follows:
    (1) The main digital electronic system at EPA's central server at 
the National Computer Center (NCC) in Research

[[Page 35252]]

Triangle Park (RTP), North Carolina. This database contains information 
entered on the system from some of the primary sources listed below 
under ``Records in the System'' (submitted forms and notifications).
    (2) Hard copy files at both the EPA Regional offices and the 
facility operated by EPA's contractor in Silver Spring, Maryland. These 
records include the original or photocopied paper submissions 
(including supplementary submissions) to the Agency. Though similar in 
file content, the paper collections held by the EPA contractor in 
Silver Spring may differ from those maintained by the applicable 
Regional office.
    (3) Records on various isolated electronic systems developed and 
operated by individual EPA Regional offices under their own initiative 
for local use. These electronic records are maintained separate from 
the main central server at RTP, and have been created solely by and for 
the use of the applicable Regional office.

Categories of Individuals Covered by the System:

    Individuals covered by the System include those who have either 
applied for certification to perform lead-based paint activities, those 
who take classes on how to perform lead-based paint activities, or 
those who are identified on behalf of firms which conduct or which 
receive accreditation to provide training in lead-based paint 
activities.

Categories of Records in the System:

    The LPSOR may contain such information about individuals as their 
name, social security number, home address, telephone number, date of 
birth,work-related information, signature, course test scores, 
submitted fees, and certifications.

Authority for Maintenance of the System:

    40 CFR Part 745 Lead--Requirements for Lead-Based Paint Activities 
in Target Housing and Child-Occupied Facilities.

Purpose:

    The purpose of LPSOR is to maintain (either in electronic or paper 
copy formats, or both) the information submitted to the Agency on 
various documents under the Federal Lead-Based Paint Program. These 
records include application forms, notification forms, and various 
support documents. By performing this function, LPSOR supports 
activities central to the program including issuing certificates and 
badges, analyzing information, generating letters and reports, and 
executing various enforcement actions.

Routine Uses of Records Maintained in the System and Their Purpose; 
Categories of Users:

    The general routine uses for LPSOR are as follows: A, B, C, E, F, 
G, H, I, and K. (A detailed description of these routine uses can be 
found in the Agency's Systems of Records website atwww.epa.gov/privacy/notice/general.htm.)
    In addition, the following routine uses may also apply:

Program Disclosures/User Categories:

    Consistent with applicable provisions of the Privacy Act and the 
Freedom of Information Act, the Agency may disclose information from 
LPSOR to Federal, State, or local agencies, private parties such as 
relatives, present and former employers and business and personal 
associates, and hearing officials, as a given situation might require, 
for purposes including the following:
    (1) To verify the identity of the individual;
    (2) To enforce the conditions or terms of Agency Lead-Based Paint 
Program regulations;
    (3) To investigate possible fraud by (for example) applicants and 
users, and verify compliance with Agency Lead-Based Paint Program 
regulations;
    (4) To prepare for litigation or to litigate fee collection and 
reporting enforcement matters;
    (5) To initiate a limitation, suspension, and termination (LS&T) or 
debarment action;
    (6) To investigate complaints, update files, and correct errors;
    (7) To prepare for alternative dispute resolution (ADR) in any of 
the cases described in paragraphs (2), (3), and (4);
    (8) To engage in audits or other internal matters within EPA;
    (9) To contact certified individuals and applicants in the event of 
a system modification; or
    (10) To respond to a change to the LPSOR, as in the case of a 
modification, revocation, or termination of a user's access privileges.

Polices and Practices for Storing, Retrieving, Safeguarding Access, 
Retaining, and Disposing of Records in the System:

     Records in the System
    The LPSOR maintains records on individuals derived from a variety 
of sources relating to the undertaking of lead-based paint activities 
and training. These record sources include the following forms 
submitted to EPA: EPA Forms 8500-27 (``Application for Firms to 
ConductLead-Based Paint Activities''), 8500-25 (``Accreditation 
Application for Training Programs'') and 8500-28 (``Application for 
Individuals to Conduct Lead-Based Paint Activities''). The information 
derived from these forms concerns individuals who have either applied 
for certification or who have identified themselves as representatives 
on behalf of firms which conduct or which receive accreditation to 
provide training in lead-based paint activities. Other record sources 
include information derived from three required notifications submitted 
to EPA pursuant to 40 CFR part 745 (see theFederal Register of April 8, 
2004, 69 FR 18489, ``Lead; Notification Requirements for Lead-Based 
Paint Abatement Activities and Training''). The first requires firms 
certified under 40 CFR 745.226 to provide notification to the Agency 
prior to conducting lead-based paint abatement activities. The other 
two require training programs accredited under 40 CFR 745.225 to 
provide notification to the Agency prior to and then following 
conducting lead-based paint activities training courses. The data 
derived from these notifications include information on individuals who 
supervise lead-abatement projects and prepare the notification to EPA 
prior to doing so, or serve as instructors for, manage other 
instructors or attend training as students of these accredited 
programs. Finally, other record sources of information stored in the 
system may include supplementary documents obtained by Regional offices 
in the application approval process.
     Storage
    Records maintained under the LPSOR are stored in different formats 
and in several locations. Each of these record collections, which 
together comprise the LPSOR, must adhere to the requirements of the 
Privacy Act, and are subject to the rules and restrictions for 
disclosure of information specified under the Freedom of Information 
Act (FOIA). These records are stored as follows:
    (1) The main digital electronic system at EPA's central server at 
the National Computer Center (NCC) in Research Triangle Park (RTP), 
North Carolina. This database contains information entered in the 
system from the primary sources listed above (submitted forms and 
notifications).
    (2) Hard copy files at both the EPA Regional offices and the 
facility operated by EPA's contractor in Silver Spring, Maryland. These 
records include the original or photocopied paper submissions 
(including

[[Page 35253]]

supplementary submissions) to the Agency, as outlined above. Though 
similar in file content, the paper collections held by the EPA 
contractor in Silver Spring may differ from those maintained by the 
applicable Regional office.
    (3) Records on various isolated electronic systems developed and 
operated by individual EPA Regional offices under their own initiative 
for local use. These electronic records are maintained separately from 
the main central server at RTP, and have been created solely by and for 
the use of the applicable Regional office.
     Retrieving
    Records may be retrieved by referencing an individual's name, 
application ID number, applicant ID number, or program activity.
     Safeguarding Access
    Physical access to the electronic data system housed within the 
facility at RTP is controlled by a computerized badge reading system, 
with the complex patrolled by security during non-business hours. All 
users are provided a unique user identification (ID) with personal 
identifiers. All interactions between the system and the authorized 
individual users are recorded through use of a card reader and tracking 
database. Paper records stored at the EPA contractor facility in Silver 
Spring are protected by computerized badge-reading security systems, 
with files maintained in locked file drawers. Records stored at EPA 
Regional offices are secured through building security with 
computerized badge-reading systems.
     Retaining and Disposing
    EPA will retain and dispose of these records in accordance with the 
EPA Records Schedule 089 and the National Archives and Records 
Administration General Records Schedule 23/8. Application records 
maintained in the system are deleted/destroyed 2 years after the date 
of the last entry.

System Manager's Address and Telephone Number:

    LPSOR System Manager, USEPA, Office of Pollution Prevention and 
Toxics, (7404T), 1200 Pennsylvania Ave., NW., Washington, DC 20460, 
Attn: Maria J. Doa, Ph.D., Director, National Program Chemicals 
Division, (202) 566-0500.

Notification Procedure:

    Requests to determine whether this system of records contains a 
record pertaining to you must be sent to the LPSOR System Manager, 
USEPA, Office of Pollution Prevention and Toxics, (7404T), 1200 
Pennsylvania Ave., NW., Washington, DC 20460. At a minimum, requestors 
will be required to provide adequate identification (e.g., driver's 
license, military identification card, employee badge or identification 
card) and, if necessary, proof of authority. Additional identity 
verification procedures may be required as warranted. Requests must 
meet the requirements of EPA regulations at 40 CFR part 16.

Record Access Procedures:

    Requesters seeking access to this system shall follow the 
directions described under Notification Procedure and will be sent to 
the system manager at the address listed above.

Contesting Records Procedures:

    If you wish to contest a record in the system of records, contact 
the system manager with the information described under Notification 
Procedure, identify the specific items you are contesting, and provide 
a written justification for each item.

Record Source Categories:

    Information is obtained from individuals, firms, and training 
provider forms submitted for certification and/or accreditation to 
perform lead-based paint activities.

System Exempted from Certain Provisions of the Act:

    None.
[FR Doc. 05-11913 Filed 6-16-05; 8:45 am]
BILLING CODE 6560-50-S