[Federal Register Volume 87, Number 201 (Wednesday, October 19, 2022)]
[Notices]
[Pages 63491-63493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22271]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10093-01-OMS]


Privacy Act of 1974; System of Records

AGENCY: Office of Chemical Safety and Pollution Prevention, 
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) Office of 
Chemical Safety and Pollution Prevention is giving notice that it 
proposes to modify the Federal Lead-Based Paint Program (FLPP) System 
of Records pursuant to the provisions of the Privacy Act of 1974. To 
perform Lead-Based Paint or Renovation, Repair, and Painting (RRP) 
Activities in target housing and child-occupied facilities, EPA 
requires firms to be certified, individuals to be trained/certified, 
trainers to be accredited, and individuals to adhere to certain work 
practice requirements. In addition, firms must notify EPA prior to 
commencement of lead-based paint abatement activities and accredited 
training providers must notify EPA with information regarding courses 
scheduled and provided. The Agency uses the FLPP Database to manage and 
store information related to the application process for the 
accreditation of training providers and the certification of firms and 
individuals who perform abatement and renovation repair and painting 
activities.

DATES: Persons wishing to comment on this system of records notice must 
do so by November 18, 2022. New and modified routine uses for this 
modified system of records will be effective November 18, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OEI-2017-0588, 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-
2017-0588. 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. Further information about EPA Docket Center services and current 
operating status is available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Robert Wright, Existing Chemicals Risk 
Management Division (7404T), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, 
DC 20460-0001; email address: [email protected]; telephone number: 
202.566.1975.

SUPPLEMENTARY INFORMATION: The FLPP System of Records (FLPPSOR) is 
being modified to (1) change the name of the system from FLPPSOR to 
FLPP Database to be more consistent with Agency nomenclature, (2) 
update the General Routine Uses to add routine uses D, J, L, and M, (3) 
add a new routine use for the purpose of sharing information for Agency 
research purposes or to support other research activities (e.g., 
academic institutions research), and (4) update the ``categories of 
individuals'', ``categories of records'', and ``policies and practices 
for retrieval of records'' sections to ensure that all personally 
identifiable information contained within FLPP Database is addressed.

[[Page 63492]]

SYSTEM NAME AND NUMBER:
    Federal Lead-Based Paint Program (FLPP) Database, EPA-SORN 54.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    The system will be managed by the Office of Chemical Safety and 
Pollution Prevention, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW, Washington, DC 20460. Electronically stored 
information is hosted at the EPA National Computer Center (NCC), 109 TW 
Alexander Drive, Research Triangle Park, Durham, NC 27711. Paper 
records are also maintained at EPA regional offices as well as the 
Federal program contractor's facilities.

SYSTEM MANAGER(S):
    Brian Symmes, Acting Director, Existing Chemicals Risk Management 
Division, USEPA, Office of Pollution Prevention and Toxics, (7404T), 
1200 Pennsylvania Ave. NW, Washington, DC 20460, (202) 566-1652; and 
Michelle Price, Chief, Risk Management Branch 2, Existing Chemicals 
Risk Management Division, USEPA, Office of Pollution Prevention and 
Toxics, (7404T), 1200 Pennsylvania Ave. NW, Washington, DC 20460, (202) 
566-0744.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Section 402 of the Toxic Substances Control Act (TSCA), 15 U.S.C. 
2601 et seq., 40 CFR part 745--Lead-based Paint Poisoning Prevention in 
Certain Residential Structures.

PURPOSE(S) OF THE SYSTEM:
    Information collected in this system is used to establish an 
applicant's eligibility for (1) certification to conduct lead-based 
paint and RRP activities in target housing and child-occupied 
facilities; and (2) accreditation to teach lead-based paint and RRP 
activities training courses. This certification and accreditation 
information, as well as information collected from required 
notifications is used for compliance monitoring, enforcement purposes, 
and related research.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Firms (including sole proprietorships and individuals doing 
business), trainers and individuals that perform or wish to perform 
regulated lead-based paint and renovation activities. Members of the 
public who have been trained by an EPA accredited training provider to 
conduct regulated lead-based paint or renovation activities.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The FLPP Database system of records contains individuals' names, 
home addresses, business addresses, telephone numbers, email addresses, 
documentation of experience/education/training, date of birth, gender, 
height, weight, hair color, eye color, and photographs.

RECORD SOURCE CATEGORIES:
    Information is obtained from individuals through their submission 
of relevant programmatic forms. These include applications for 
individual and firm certification, training provider accreditation, 
notification of training and abatement activities.

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, B, C, D, E, 
F, G, H, I, J, K, L and M.
    Additional routine uses that apply to this system are:
    (1) Information may be disclosed to contractors, grantees, 
consultants, volunteers, educational institutions, or research 
organizations who have a need to have access to the information in the 
performance of research related to the FLPP. Information may be shared 
for Agency research purposes or to support other FLPP-related research 
activities at educational institutions or research organizations. 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).

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    These records are maintained electronically on computer storage 
devices located at the U.S. EPA National Computer Center, 109 T.W. 
Alexander Drive, Research Triangle Park, NC 27711. Paper records are 
maintained at the EPA regional offices and the facility operated by 
EPA's Federal program contractor's office.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved by an individual's name, date of birth, home 
address, business address, application ID number, applicant ID number, 
or program activity.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    EPA will retain and dispose of these records in accordance with the 
EPA Records Schedule 0089. The National Archives and Records 
Administration (NARA) Disposal Authority: DAA-GRS-2013-0002-0016 
disposition instructions requires NARA records to be closed when no 
longer needed to conduct Agency business and to be destroyed 
immediately after file closure. When disposal of records is 
appropriate, sensitive information must be shredded or otherwise 
definitively destroyed to protect confidentiality.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Security controls used to protect personal sensitive data in the 
FLPP Database are commensurate with those required for an information 
system rated MODERATE for confidentiality, integrity, and availability, 
as prescribed in the 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: All personnel are required to 
complete annual agency Information Security and Privacy training. All 
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. FLLP Database access is 
limited to authorized, authenticated users integrated with the Agency's 
single-sign-on or Login.gov. This integration uses the user's 
credentials to identify the user prior to granting access to the 
platform and the FLPP Database. 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. Paper records stored at EPA's 
Federal program contractor and storage facility are protected by 
computerized badge-reading security systems, with files maintained in 
locked file drawers. Records stored at EPA offices are secured through 
building security protocols and computerized badge-reading systems.

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

[[Page 63493]]

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 
included in EPA's Privacy Act regulations at 40 CFR part 16.

CONTESTING RECORD 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 is included 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: [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:
    70 FR 35251--Established a new System of Records (SOR) under the 
Federal Lead-Based Paint Program (June 17, 2005).
    74 FR 42298--Amended 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) 
(August 21, 2009) https://www.govinfo.gov/content/pkg/FR-2009-08-21/pdf/E9-20209.pdf.
    84 FR 5673--Amended an existing system of records (SOR) to update 
the category of uses to add lead-based paint and renovator 
professionals' photographs, to add names of training program manages 
and principal course instructors as well as their education experience 
or training qualification, and to discuss EPA's Central Data Exchange 
(CDX) interconnection or online applications and notifications 
submissions and other administrative updates to the FLPPSOR (February 
22, 2019).

Vaughn Noga,
Senior Agency Official for Privacy.
[FR Doc. 2022-22271 Filed 10-18-22; 8:45 am]
BILLING CODE 6560-50-P