[Federal Register Volume 74, Number 161 (Friday, August 21, 2009)]
[Notices]
[Pages 42298-42301]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20209]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8947-9; EPA-HQ-OEI-2008-0791]


Type of Action: Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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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 
providing notice of its proposal to amend an existing system of records 
(SOR) by changing the title of ``Lead-Based Paint System of Records'' 
(LPSOR) to the ``Federal Lead-based Paint Program System of Records'' 
(FLPPSOR). FLPPSOR stores information in both electronic and hard-copy 
formats and contains information about individuals who: have applied 
for certification to conduct lead-based paint and renovation 
activities; are students taking classes in lead-based paint and 
renovation activities; or have been identified to provide training in 
lead-based paint and renovation activities. On April 22, 2008, EPA 
published the Renovation, Repair, and Painting Program rule in the 
Federal Register with an effective date of June 23, 2008. The 
Renovation, Repair, and Painting rule establishes requirements for 
training renovators and dust-sampling technicians; certifying 
renovators, dust-sampling technicians and renovation firms; accrediting 
providers of renovator

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and dust-sampling technician training; and renovation work practices. 
FLPPSOR will contain information about individuals who are certified 
inspectors, supervisors, risk assessors, project designers, abatement 
workers, renovators and dust-sampling technicians. EPA administers the 
certification and accreditation programs in States, Tribal areas, and 
territories that do not have EPA's authorization to independently 
administer such programs. EPA is no longer requiring individuals to 
provide their social security numbers on application forms for 
certification.

DATES: Persons wishing to comment on this system of records notice 
amendment must do so by September 30, 2009.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
2008-0791, by one of the following methods:
     http://www.regulations.gov.: Follow the online 
instructions for submitting comments.
     E-mail: [email protected].
    Fax: 202-566-1752.
     Mail: OEI Docket, Environmental Protection Agency, Mail 
code: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
     Hand Delivery: OEI Docket, EPA/DC, EPA West Building, Room 
3334, 1301 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-2008-
0791. 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.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information for which 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov. The http://www.regulations.gov Web site is an 
``anonymous access'' system, 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 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 the EPA Docket Center home page at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available (e.g., CBI 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 http://www.regulations.gov or in hard copy at the OEI 
Docket, EPA/DC, EPA West Building, Room 3334, 1301 Constitution Ave., 
NW., Washington, DC 20004. 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 OEI Docket is (202) 566-1745.

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

    FLPPSOR contains information about individuals who: have applied 
for certification to perform lead-based paint and renovation 
activities; take classes on how to perform lead-based paint and 
renovation activities; and/or are identified on behalf of firms to 
provide training in lead-based paint and renovation activities. In 
addition, FLPPSOR will contain information about individuals who: are 
certified renovators or dust sampling technicians; are taking renovator 
or dust-sampling technician training classes; or have been identified 
by those firms that are accredited by EPA to provide training for 
renovation or dust-sampling technician courses. The EPA Federal Lead-
Based Paint Program system of records does not duplicate any existing 
system of records. 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.

    Dated: July 25, 2009.
Linda A. Travers,
Acting Assistant Administrator and Chief Information Officer.
EPA-54

System Name:
    Federal Lead-Based Paint Program System of Records (FLPPSOR).

System Location:
    Records maintained in FLPPSOR are stored in electronic and hard-
copy formats at Research Triangle Park (RTP), NC, EPA regional offices 
and the Federal program contractor's office. In addition:
    (1) The main system is located at EPA's National Computer Center 
(NCC) in Research Triangle Park (RTP), North Carolina. This database 
contains information entered from some of the primary sources listed 
below under ``Categories of Records in the System'' (submitted form and 
notifications).
    (2) Hard-copy files are located in EPA regional offices and the 
facility operated by EPA's Federal program contractor's office. These 
records include the original or photocopied paper submissions 
(including supplementary information) provided to the Agency. Though 
similar in file content, the hard-copy collections maintained by the 
EPA contractor may differ from those maintained by the applicable 
regional office.
    (3) EPA regional offices have developed electronic systems for 
their local uses. These electronic records are maintained separate from 
the main central server at RTP and are used solely by the regional 
offices.

Categories of Individuals Covered by the System:
    Individuals covered by the system include those who have applied 
for certification to perform lead-based paint and renovation activities 
in the following disciplines: inspectors,

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supervisors, risk assessors, project designers, abatement workers, 
renovators, and dust-sampling technicians. Certified inspectors, 
supervisors, risk assessors, project designers, and abatement workers 
may be listed on EPA's Lead home page in the future. All renovators and 
dust-sampling technicians will be listed on EPA's Lead home page.

Categories of Records in the System:
    FLPPSOR contains individuals' names, home addresses, telephone 
numbers, dates of birth, work-related information, signatures, course 
test scores, submitted fees, and certificate numbers.

Authority for Maintenance of the System:
    40 CFR Part 745 Lead--Requirements for Lead-Based Paint Activities 
in Target Housing and Child-Occupied Facilities and 40 CFR Part 745 
Lead--Renovation, Repair, and Painting Program.

Purpose(s):
    The purpose of FLPPSOR is to maintain information submitted to the 
Agency through various documents under the Federal Lead-Based Paint 
Program and the Federal Lead-Based Paint Renovation, Repair and 
Painting Program. These records include application forms, notification 
forms, and various support documents. FLPPSOR supports activities 
integral to the program (i.e., issuing certificates and badges, 
analyzing information, generating letters and reports, and providing 
information to allow for executing various enforcement actions).

Routine Uses of Records Maintained in the System and Their Purpose; 
Categories of Users:
    General routine uses are as follows: A, B, C, E, F, G, H, I, K, and 
L. (A detailed description of these routine uses can be found in the 
Agency's System of Records Web site at http://www.epa.gov/privacy/notice/general.htm). In addition, the following routine uses may also 
apply:

Program Disclosure/User Categories:
    Consistent with applicable provisions of the Privacy Act and the 
Freedom of Information Act (FOIA), the Agency may disclose information 
from FLPPSOR to Federal, State, or local agencies, 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 the Agency's Lead-Based 
Paint Program and Lead-Based Paint Renovation, Repair and Painting 
Program regulations;
    (3) To investigate possible fraud by, for example, applicants and 
users, and verify compliance with Agency Lead-Based Paint Program and 
Lead-Based Paint Renovation, Repair and Painting Program regulations;
    (4) To prepare for litigation or to litigate fee collections 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 resolutions (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 FLPPSOR, as in the case of a 
modification, revocation, or termination of a user's access privileges.

Policies and Practices for Storing, Retrieving, Safeguarding Access, 
Retaining, and Disposing of Records in the System:
    FLPPSOR maintains records on individuals derived from a variety of 
sources relating to the undertaking of lead-based paint activities; 
lead-based paint renovation, repair and painting activities; and 
training. These record sources include the following forms submitted to 
EPA: EPA Form 8500-27, ``Application and Instructions for Firms 
Applying for Certification of Lead-Based Paint and Renovation 
Activities;'' EPA Form 8500-25, ``Application and Instructions for 
Training Providers Applying for Accreditation of Lead-Based Paint 
Activity and Renovation Training Programs,'' and EPA Form 8500-28, 
``Application and Instructions for Individuals Applying for 
Certification to Conduct Lead-Based Paint Activities.'' The information 
derived from these forms concerns individuals, firms and training 
providers who have applied for certification or accreditation in lead-
based paint or renovation activities. Two record sources include 
information derived from required notifications submitted to EPA 
pursuant to 40 CFR Part 745. The first of these latter record sources 
requires firms certified under 40 CFR 745.226 to provide notification 
to the Agency prior to conducting lead-based paint abatement 
activities. The second of these record sources requires training 
programs accredited under 40 CFR 745.225 to provide notification to the 
Agency prior to and then following conducting lead-based paint 
abatement and renovation, repair and painting activities training 
courses. The data derived from these notifications include information 
on individuals who supervise lead-based paint abatement and prepare the 
notification to EPA prior to doing so or serve as instructors for 
managing other instructors or attending 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 FLPPSOR are stored 
in different formats and in several locations. Each of these record 
collections, which together comprise the FLPPSOR, 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.
     Retrievability: Records may be retrieved by an 
individual's name, application ID number, applicant ID number, or 
program activity.
     Safeguards: Physical access to the system housed in the 
facility at RTP is controlled by a computerized badge-reading system, 
with security patrols during non-business hours. 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 EPA's Federal program contractor 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 protocols and computerized badge-reading 
systems.
     Retention and Disposal: 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 two years after the date of the last entry.

System Manager's Address and Telephone Number:
    Maria J. Doa, Ph.D., Director, National Program Chemicals Division, 
USEPA, Office of Pollution Prevention and Toxics, (7404T), 1200 
Pennsylvania Ave., NW., Washington, DC 20460, (202) 566-0500.

Notification Procedure:
    Requests to determine whether this system of records contains a 
record pertaining to you must be sent to the

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Agency's Freedom of Information Office. The address is: U.S. 
Environmental Protection Agency; 1200 Pennsylvania Ave., NW., Room 6416 
West; Washington, DC 20460; (202) 566-1667; E-mail: ([email protected]); 
Attn: Privacy Act Officer.

Record Access Procedures:
    Requesters seeking access to this system 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.

Contesting Records Procedures:
    If you wish to contest a record in the system of records, contact 
the Agency's Freedom of Information Office as described under 
``Notification Procedure'' listed above.

Record Source Categories:
    Information is obtained from individuals, firms, and training 
providers who are certified and/or accredited to perform lead-based 
paint and renovation activities.

System Exempted from Certain Provisions of the Act:
    None.

 [FR Doc. E9-20209 Filed 8-20-09; 8:45 am]
BILLING CODE 6560-50-P