[Federal Register Volume 87, Number 36 (Wednesday, February 23, 2022)]
[Notices]
[Pages 10197-10200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03832]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9446-01-OMS]


Privacy Act of 1974; System of Records

AGENCY: Office of Mission Support (OMS), 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 or Agency),

[[Page 10198]]

Administrative IT System Support Staff, Office of Mission Support 
(OMS), is giving notice that it proposes to modify a system of records, 
Case Records System (CRS), pursuant to the provisions of the Privacy 
Act of 1974. EPA is modifying the Case Records System by renaming it to 
the Enterprise Legal Case Management System (ELCMS), consolidating 
information from other databases into the system, and moving it to a 
new enterprise platform, which is a platform that supports Agency-wide 
usage for Agency administrative legal proceedings. The purpose of the 
modified system is to manage the administrative adjudicatory 
proceedings held before the Agency through docketing, filing, case 
tracking, and document management and storage. Litigants, Agency 
attorneys and judges, and other interested parties may submit a variety 
of documents to the system, including pleadings, motions, briefs, 
exhibits, orders, hearing transcripts and initial decisions.

DATES: Persons wishing to comment on this system of records notice must 
do so by March 25, 2022. New or modified routine uses for this modified 
system of records will be effective March 25, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OEI-2014-0197, 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-OEI-
2014-0197. 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: Michael Hardy, Director, 
Administrative IT Systems Support Staff, Senior Information Technology 
Leader, Office of Mission Support, U.S. Environmental Protection 
Agency, Room 3352-L, WJC North--Mailcode 3102A, 1200 Pennsylvania 
Avenue, Washington, DC 20460, [email protected], 202-564-7899, 
Nicole Williams, Office of Mission Support, U.S. Environmental 
Protection Agency, Room 3352-P, WJC North--Mailcode 3102A, 1200 
Pennsylvania Avenue, Washington, DC 20460, [email protected], 
202-564-4026.

SUPPLEMENTARY INFORMATION: EPA is modifying the Case Records System by 
renaming it to the Enterprise Legal Case Management System (ELCMS). EPA 
is also consolidating information from other databases into the system 
to modernize legacy applications under a single platform. The Agency 
conducts hearings and renders decisions in proceedings between the EPA 
and persons, businesses, government entities, and other organizations 
which are regulated, or alleged to be regulated, under environmental 
laws.
    ELCMS is a docketing, filing, case tracking, and document 
management system used for these proceedings. The system is maintained 
by the Office of Mission Support in Washington, DC and consists of 
electronic documents stored in a password-protected computer database. 
The system is accessible to Agency employees in connection with the 
performance of their authorized duties.

SYSTEM NAME AND NUMBER:
    Enterprise Legal Case Management System (ELCMS), EPA-66.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Electronic records are maintained by the Office of Mission Support 
(OMS), at EPA Headquarters, 1200 Pennsylvania Avenue NW, Washington, DC 
20460 and national servers are located at the EPA National Computer 
Center (NCC) in Research Triangle Park, NC 27711.

SYSTEM MANAGER(S):
    Michael Hardy, Director, Strategic IT Investment Staff, Senior 
Information Technology Leader, Office of Mission Support, U.S. 
Environmental Protection Agency, Room 3352-L, WJC North--Mailcode 
3102A, 1200 Pennsylvania Avenue, Washington, DC 20460, 202-564-7899, 
[email protected].

[[Page 10199]]

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    42 U.S.C. 11001 et seq. (Emergency Planning & Community Right-to-
Know Act (EPCRA)); 42 U.S.C. 6901 et seq. (Resource Conservation and 
Recovery Act (RCRA)); 15 U.S.C. 2601 et seq. (Toxic Substances Control 
Act (TSCA)); 7 U.S.C. 136 et seq. (Federal Insecticide, Fungicide and 
Rodenticide Act (FIFRA)); 42 U.S.C. 9601 et seq. (Comprehensive 
Environmental Response, Compensation, and Liability Act (CERCLA)); 33 
U.S.C. 1251 (Federal Water Pollution Control Act (FWPCA), commonly 
known as the Clean Water Act (CWA)); 42 U.S.C. 7401 (Clean Air Act 
(CAA)); 40 CFR 22.4 (Consolidated Rules of Practice Governing the 
Administrative Assessment of Civil Penalties and the Revocation/
Termination or Suspension of Permits).

PURPOSE(S) OF THE SYSTEM:
    The information in ELCMS is primarily used by Agency judges, 
attorneys and clerks to render determinations with respect to matters 
before them and to communicate the determinations to the appropriate 
individuals and organizations, as well as to the general public. 
Litigants, Agency attorneys and judges, and other interested parties 
may submit a variety of documents to the system, including pleadings, 
motions, briefs, exhibits, orders, hearing transcripts and initial 
decisions. When fully implemented, the electronic filing portion of the 
system will provide for online filing, tracking, and accounting of 
filings (e.g., pleadings, motions, briefs, exhibits, orders, and 
determinations) in all cases, both pending and archived. Other purposes 
of the system and the information contained therein, include:
     Responding to Freedom of Information Act requests;
     providing management information necessary to assess 
workload, assign incoming cases and monitor case progress;
     allowing individual judges to monitor the progress of 
assigned cases;
     providing ready access to case docketing information to 
support staff to enable timely response to complainants, government and 
private counsel, and respondents concerning the status of a particular 
case; and
     promoting transparency by providing public access to 
Agency litigation documents.

CATEGORIES OF INDIVIDUALS COVERED BY SYSTEM:
    This system covers any person, including individuals, or their 
representative, who create a profile or whose information is contained 
in any document filed the system.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The records contained in this system may include but are not 
limited to: names, addresses, social security numbers, medical and/or 
financial information.

RECORD SOURCE CATEGORIES:
    The sources of data within ELCMS are from documents submitted by 
parties to the administrative proceedings, to include briefs, motions, 
exhibits, and by judges presiding over the hearings and regional 
clerks, to include orders and initial decisions.

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 (86 FR 62527): A, E, F, G, H, 
K, L, and M.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    These records are maintained electronically on computer storage 
devices located at the EPA, and Administrative IT System Support Staff 
of OMS, manage the system which is stored at the National Computer 
Center (NCC) in Research Triangle Park, North Carolina in secure, 
access-controlled rooms, areas, and buildings. Backup files will be 
maintained at a disaster recovery site. Computer records are maintained 
in a secure password protected environment. Permission level 
assignments will allow users access only to those functions for which 
they are authorized. There are no paper records generated by this 
system.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Cases are retrieved by the name of the business entity or parties 
to a particular case, or the case docket number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    The records will be maintained under EPA Records Schedules 508, 
509, and 510.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Security controls used to protect personal sensitive data in 
Enterprise Legal Case Management 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 Information Systems and Organizations,'' 
Revision 5.
    1. Administrative Safeguards: EPA personnel are required to 
complete annual agency Information Security and Privacy training. EPA 
personnel are instructed to lock their computers when they leave their 
desks.
    2. Technical Safeguards: Electronic records are maintained in a 
secure, password protected electronic system. ELCMS access is limited 
to authorized, authenticated users integrated with the Agency's single-
sign-on. This integration uses the user's LAN credentials to identify 
the user prior to granting access to the platform and ELCMS. All of the 
system's electronic communication utilizes the agency's Trusted 
Internet Connection (TIC).
    3. Physical Safeguards: All records are maintained in secure, 
access-controlled areas or buildings.

RECORD ACCESS PROCEDURES:
    All requests for access to personal records should cite the Privacy 
Act of 1974 and reference the type of request being made (i.e., 
access). Requests must include: (1) The name and signature of the 
individual making the request; (2) the name of the Privacy Act system 
of records to which the request relates; (3) a statement whether a 
personal inspection of the records or a copy of them by mail is 
desired; and (4) proof of identity. A full description of EPA's Privacy 
Act procedures for requesting access to records is available at 40 CFR 
part 16.

CONTESTING RECORDS PROCEDURES:
    Requests for correction or amendment must include: (1) The name and 
signature of the individual making the request; (2) the name of the 
Privacy Act system of records to which the request relates; (3) a 
description of the information sought to be corrected or amended and 
the specific reasons for the correction or amendment; and (4) proof of 
identity. A full description of EPA's Privacy Act procedures for the 
correction or amendment of a record are described in EPA's Privacy Act 
regulations at 40 CFR part 16.

NOTIFICATION PROCEDURES:
    Individuals who wish to be informed whether a Privacy Act system of 
records maintained by EPA contains any record pertaining to them, 
should make a written request to the EPA, Attn: Agency Privacy Officer, 
MC 2831T, 1200 Pennsylvania Ave. NW, Washington, DC 20460, or by email 
at:

[[Page 10200]]

[email protected]. A full description of EPA's Privacy Act procedures is 
included in EPA's Privacy Act regulations at 40 CFR part 16.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    Federal Register Volume 79, Number 180 (Wednesday, September 17, 
2014) [Notices] [Pages 55794-55796] From the Federal Register Online 
via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2014-
22164]

Vaughn Noga,
Senior Agency Official for Privacy.
[FR Doc. 2022-03832 Filed 2-22-22; 8:45 am]
BILLING CODE 6560-50-P