Lead-Based Paint System of Records (LPSOR)
[Federal Register: June 17, 2005 (Volume 70, Number 116)]
[Notices]
[Page 35251-35253]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17jn05-55]
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ENVIRONMENTAL PROTECTION AGENCY
[OEI-2004-0005; FRL-7698-1]
Lead-Based Paint System of Records (LPSOR)
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
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: wright.robert@epa.gov.
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 at
http://www.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 the Federal 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