Privacy Act of 1974; System of Records
[Federal Register: March 18, 2002 (Volume 67, Number 52)]
[Notices]
[Page 12010-12013]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18mr02-72]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7159-7]
Privacy Act of 1974; System of Records
AGENCY: Environmental Protection Agency.
ACTION: Notice of a new system of records.
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SUMMARY: In accordance with the Privacy Act of 1974, as amended, the
Environmental Protection Agency (EPA) publishes this notice of a new
system of records entitled ``Central Data Exchange-Customer
Registration Subsystem (CDX-CRS).'' The system will contain information
on individuals who have registered and established accounts to access
CDX, EPA's electronic compliance filing and environmental data exchange
system. Individuals with CDX accounts may engage in electronic filing
of environmental documents as permitted under the Government Paperwork
[[Page 12011]]
Elimination Act (GPEA), and as required under appropriate environmental
statutes. The information maintained by the CDX-CRS includes the
individual's name and related identifiers, work contact information,
supervisor's name and contact information, and information about the
EPA program under which the individual plans to report electronically.
The information will be used to protect and manage access to the
individual's account on CDX.
DATES: Comments must be received no later than April 17, 2002. This new
system of records will commence April 26, 2002 unless the Agency
receives comments which would result in a contrary determination.
ADDRESSES: Persons wishing to submit comments should direct them to:
Environmental Protection Agency, Office of Environmental Information,
Collection Services Division, MS 2823, 1200 Pennsylvania Avenue,
Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: Valerie Brecher Kovacevic at brecher-
kovacevic.valerie@epa.gov, or 202-260-9488. If you use a
telecommunications device for the deaf (TDD), you may call the Federal
Information Relay Service (FIRS) at 1-800-877-8339.
SUPPLEMENTARY INFORMATION:
EPA/CDX-CRS
System Name.
EPA Central Data Exchange--Customer Registration Subsystem (CDX-
CRS)
Security Classification:
None.
System Location:
The system will be operated and maintained by EPA or organizations
under contract with the EPA (henceforth referred to as ``EPA'') at
their place of business. The system is currently maintained at
Logistics Management Institute, 2000 Corporate Ridge Drive, McLean, VA
22102-7805.
Categories of Individuals Covered by the System:
This system contains records on all individuals that have either
attempted to register or have registered to obtain an account to use
CDX for electronically exchanging data with EPA. Registered users of
EPA's CDX-CRS may include representatives of industry, government or
laboratories exchanging information with EPA through CDX.
Categories of Records in the System:
This system contains records including individual's name, self-
assigned user name and security question, work title, work address and
related work contact information (e.g., phone and fax numbers, E-mail
address), supervisor's name and related contact information, and
information related to the EPA reporting program the individual is
planning to electronically file or report under (e.g., EPA program ID #
and EPA program role) and the method of reporting (web browser, file
exchange). The individual registering for CDX will also generate a
self-assigned password that will be stored on the CDX-CRS, but it will
only be accessible to the registering individual. The system will also
store other system-generated data such as the registration date and
time, digital certificate identifier, and other identifiers for
internal tracking. Upon assignment of the password and ID code, the
user may subsequently access the CDX system by entering these data and
CDX will use this information to authenticate the individual's access
to CDX.
Authority for Maintenance of System:
In accordance with the Government Paperwork Elimination Act (44
U.S.C. 3504), EPA's electronic compliance filing and environmental data
exchange system will enable the ``acquisition and use of information
technology, including alternative information technologies that provide
for electronic submission, maintenance, or disclosure of information as
a substitute for paper and for the use and acceptance of electronic
signatures.'' Section 3504(a)(1)(B)(vi) of Title 44, United States
Code.
Purpose(s):
Central Data Exchange is EPA's portal for electronically exchanging
environmental data with our external customers. Individual external
users with CDX accounts may engage in secure, electronic filing of
environmental documents as permitted under the Government Paperwork
Elimination Act (GPEA), and as required under appropriate environmental
statutes. CDX-CRS was developed to protect the EPA and CDX system users
from individuals seeking to gain unauthorized access to user accounts
on CDX.
The information contained in records maintained in the CDX-CRS
system is used for the purposes of verifying the identity of the
individual, informing users of the conditions and terms of using CDX,
allowing individual users to establish an account on CDX, providing
individual users access to their CDX account for electronically filing
compliance data or exchanging other forms of environmental data,
allowing individual users to customize, update or terminate their
account with CDX, renewing or revoking an individual user's account on
CDX, supporting the CDX help desk functions, investigating possible
fraud and verifying compliance with program regulations, and initiating
legal action against an individual involved in program fraud, abuse, or
noncompliance.
Routine Uses of Records Maintained in the System, Including Categories
of Users and the Purposes of Such Uses:
CDX-CRS records will be used to facilitate registering CDX system
users, issuing a username and password, and subsequently, verifying an
individual's identity as he/she seeks to gain routine access to his/her
account. In some cases the user verification process will require EPA
to contact the employer, based on the registration information provided
by the user. The system has secondary uses that include: using the
established username to facilitate tracking service calls or e-mails
from the user in the event that there is a change in registration
status or a problem the user has with CDX, offering the user new CDX
service options, and facilitating the retrieval of user actions (e.g.,
historical submissions and help tickets) and events while on the CDX
system. The records may also be subsequently used for auditing or other
internal purposes of the EPA, including but not limited to: instances
where enforcement of the conditions of using CDX are necessary;
investigation of possible fraud involving a registered user; litigation
purposes related to information reported to the agency; contacting the
individual in the event of a system modification; a change to CDX; or
modification, revocation or termination of user's access privileges to
CDX.
EPA may disclose information contained in a record in this system
of records under the routine uses listed in this notice without the
consent of the individual if the disclosure is compatible with the
purposes for which the record was collected. These disclosures may be
made on a case-by-case basis or under a computer matching agreement if
the Agency has complied with the computer matching requirements of the
Act.
The general routine uses for EPA's CDX are listed as follows:
Disclosure for Law Enforcement Purposes, Disclosure Incident to
Requesting Information, Disclosure to a Requesting Agency, Disclosure
to Congressional Offices, Disclosure to Department of Justice,
Disclosure to the National Archives, Disclosure to
[[Page 12012]]
Contractors, Grantees, and Others, Disclosure for Administrative
Claims, Complaints, and Appeals, and Disclosure in Connection With
Litigation.
A detailed description of these routine uses can be found in the
Federal Register, Privacy Act of 1974: System of Records, Creation of
Eleven New Privacy Act System of Records Notice (at 66 FR 49947 (2001))
and also on the National Archives and Records Administration website,
Privacy Act Issuances--1999 Compilation at:http://www.access.gpo.gov/
su_docs/aces/PrivacyAct.shtml?desc015.html.
In addition, the following routine uses may also apply:
Program Disclosures:
The Agency may disclose information from this system to Federal,
State, or local agencies, private parties such as relatives, present
and former employers and business and personal associates, and hearing
officials for the following purposes:
(a) To verify the identity of the individual;
(b) To enforce the conditions or terms of Agency program
regulations;
(c) To investigate possible fraud and verify compliance with Agency
program regulations;
(d) To prepare for litigation or to litigate collection service and
audit;
(e) To initiate a limitation, suspension and termination (LS&T),
debarment, or suspension action;
(f) To investigate complaints, update files, and correct errors.
Litigation and Alternative Dispute Resolution (ADR) Disclosures:
(a) In the event that one of the parties listed below is involved
in litigation or ADR, or has an interest in litigation ADR, the Agency
may disclose certain records to the parties described in paragraphs
(b), (c), and (d) of this routine use under the conditions specified in
those paragraphs:
(i) The Environmental Protection Agency, or any component of the
Agency; or
(ii) Any Agency employee in his or her official capacity; or
(iii) Any Agency employee in his or her individual capacity if the
Department of Justice (DOJ) has agreed to provide or arrange for
representation for the employee;
(iv) Any Agency employee in his or her individual capacity where
the agency has agreed to represent the employee; or
(v) The United States where the Agency determines that the
litigation is likely to affect the Agency or any of its components.
(b) Disclosure to the DOJ. If the Agency determines that disclosure
of certain records to the DOJ is relevant and necessary to litigation
or ADR, the Agency may disclose those records as a routine use to the
DOJ.
(c) Administrative Disclosures. Agencies that may obtain
information under this routine use include, but are not limited to, the
Office of Personnel Management, Office of Special Counsel, Merit
Systems Protection Board, Federal Labor Relations Authority, Equal
Employment Opportunity Commission, and Office of Government Ethics.
(d) Parties, counsels, representatives and witnesses. If the Agency
determines that disclosure of certain records to a party, counsel,
representative or witness in an administrative proceeding is relevant
and necessary to the litigation, the Agency may disclose those records
as a routine use to the party, counsel, representative or witness.
Research Disclosure: The Agency may disclose records to a
researcher if an appropriate official of the Agency determines that the
individual or organization to which the disclosure would be made is
qualified to carry out specific research related to functions or
purposes of this system of records. The official may disclose records
from this system of records to that researcher solely for the purpose
of carrying out that research related to the functions or purposes of
this system of records. The researcher shall be required to maintain
Privacy Act safeguards with respect to the disclosed records.
Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System:
Storage:
The CDX is a new system for which the Agency is in the process of
establishing a records schedule. The CDX will be taking e-transactions
and preserving them in accordance with applicable EPA and other Federal
policy and regulations. The CDX currently stores records on magnetic
and/or digital formats. All record storage procedures are in accordance
with current applicable regulations.
Retrievability:
Records are retrievable by the CDX user name, program ID number, or
all or part of the individual's name.
Safeguards:
EPA has minimized the risk of unauthorized access to the system by
establishing a secure environment for exchanging electronic
information. Physical access to the data system housed within the
facility is controlled by a computerized badge reading system, and the
entire complex is patrolled by security during non-business hours. The
computer system offers a high degree of resistance to tampering and
circumvention. Multiple levels of security are maintained with the
computer system control program. This system limits data access to EPA
and contract staff on a need to know basis, and controls individuals
ability to access and alter records with the system. All users of the
system of records are given a unique user identification (ID) with
personal identifiers. All interactions between the system and the
authorized individual users are recorded.
Retention and Disposal:
The EPA will retain and dispose of these records in accordance with
National Archives and Records Administration General Records Schedule
20, Item 1.c. This schedule provides disposal authorization for
electronic files and hard copy printouts created to monitor system
usage, including but not limited to log-in files, audit trail files,
system usage files, and cost-back files used to access charges for
system use. Records will be deleted or destroyed when the Agency
determines they are no longer needed for administrative, legal, audit,
or other program purposes.
System Managers and Address:
USEPA, Office of Environmental Information, (MS2823), 1200
Pennsylvania Ave. NW., Washington, DC 20460, Attn: Chief, Central
Receiving Branch.
Notification Procedure:
Requests to determine whether this system of records contains a
record pertaining to the requesting individual should be sent to the
USEPA, Office of Environmental Information, (MS2823), 1200 Pennsylvania
Ave. NW., Washington, D.C. 20460, Attn: Chief, Central Receiving
Branch. To send a fax request: 202-401-0182. To determine whether a
record exists regarding you in the system of records, provide the
system manager with your name and username. Requests must meet the
requirements of the regulations at 40 CFR part 16.
Record Access Procedures:
A request for record access shall follow the directions described
under Notification Procedure and will be addressed to the system
manager at the address listed above.
[[Page 12013]]
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 who have had or seek to
have their identity authenticated except that a password and a username
are explicitly self-assigned by the user registering to gain access to
CDX.
System Exempted from Certain Provisions of the Act:
None.
Kim Nelson,
Assistant Administrator and Chief Information Officer, Office of
Environmental Information, EPA.
[FR Doc. 02-6486 Filed 3-15-02; 8:45 am]
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