FR Doc 04-20677

[Federal Register: September 14, 2004 (Volume 69, Number 177)]
[Notices]
[Page 55433-55436]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14se04-56]

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ENVIRONMENTAL PROTECTION AGENCY

[OEI-2002-0009; FRL-7812-6]
RIN-2025-AA13

Privacy Act of 1974 Republication of Exempted System of Records

AGENCY: Environmental Protection Agency.

ACTION: Amendment to notice of Privacy Act system of records.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
republish two exempt Privacy Act system of records.

DATES: Comments must be received on or before October 14, 2004. The
proposed amendments will be effective upon publication of final
regulations.

ADDRESSES: Submit your comments, identified by Docket ID No. OEI-2002-
0009, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
Agency Web site: http://www.epa.gov/edocket. EDOCKET,

EPA's electronic public docket and comment system, is EPA's preferred
method for receiving comments. Follow the on-line instructions for
submitting comments.
E-mail: oei.docket@epa.gov.
Fax: 202 566-1753.
Mail: Office of Environmental Information Docket,
Environmental Protection Agency, (2822T), 1200 Pennsylvania Ave., NW.,
Washington, DC 20460.
Hand Delivery: Public Reading Room, Room B102, EPA West
Building, 1301 Constitution Avenue, 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. OEI-2002-0009.
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.epa.gov/edocket
, including any personal information provided,

unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through EDOCKET, http://www.regulations.gov
, or e-mail. The EPA EDOCKET and the federal

regulations.gov Web sites are ``anonymous access'' systems, 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 EDOCKET or 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
EDOCKET on-line or see the Federal Register of May 31, 2002 (67 FR
38102).
Docket: All documents in the docket are listed in the EDOCKET index
at http://www.epa.gov/edocket. Although listed in the index, some

information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be

[[Page 55434]]

publicly available only in hard copy form. Publicly available docket
materials are available either electronically in EDOCKET or in hard
copy at the Office of Environmental Information Docket, EPA/DC, EPA
West, Room B102, 1301 Constitution Avenue, NW., Washington, DC. This
Docket Facility is open from 8:30 a.m. to 4:30 p.m. EST, Monday through
Friday, excluding legal holidays. The Docket telephone number is (202)
566-1752. 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 Office of Environmental Information Docket is (202) 566-1752.

FOR FURTHER INFORMATION CONTACT: Judy E. Hutt, PA Officer, Records,
Privacy and FOIA Branch, Collection Strategies Division, Office of
Information Collection, Office of Environmental Information (OEI),
(2822T), EPA, 1200 Pennsylvania Ave, NW., Washington, DC 20460; Phone,
(202) 566-1668; Fax, (202) 566-1639; hutt.judy@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

1. Submitting CBI. Do not submit this information to EPA through
EDOCKET, http://www.regulations.gov or e-mail. Clearly mark the part or

all of the information that you claim to be CBI. For CBI information in
a disk or CD-ROM that you mail to EPA, mark the outside of the disk or
CD-ROM as CBI and then identify electronically within the disk or CD-
ROM the specific information that is claimed as CBI). In addition to
one complete version of the comment that includes information claimed
as CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
Describe any assumptions and provide any technical
information and/or data that you used.
If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
Provide specific examples to illustrate your concerns, and
suggest alternatives.
Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
Make sure to submit your comments by the comment period
deadline identified.

SUPPLEMENTARY INFORMATION: These notices are being republished after
the publishing of Agency rules.

Dated: September 3, 2004.
Kimberly T. Nelson,
Assistant Administrator and Chief Information Officer.
EPA-17

System Name:
OCEFT Criminal Investigative Index and Files.

System Location:
Criminal Investigation Division, Office of Criminal Enforcement,
Forensics and Training, Environmental Protection Agency, 1200
Pennsylvania Avenue NW., Washington, DC 20004. Records are also
maintained in field offices of the OCEFT Criminal Investigation
Division. See the appendix for addresses of field offices.

Categories of Individuals Covered by the System:
Subjects of investigations about whom data has been collected by
criminal investigators of the Office of Criminal Enforcement, Forensics
and Training, Criminal Investigation Division, and assembled in the
form of investigative reports concerning violations of federal
environmental statutes and regulations; persons who provide information
and evidence that are used to substantiate environmental criminal
violations are also covered by this system of records; OCEFT criminal
investigators who participate in investigations.

Categories of Records in the System:
1. Investigative Index. The computer-enhanced investigative index
systems contain selected information from the criminal investigative
files. Such information includes, but is not limited to, personal data
(e.g., name, address, telephone number); prior/secondary residences;
vehicle information; associated persons (name and role); driver's
licenses/aliases; associated companies (name and role); identifying
numbers (number type, number and brief description); corporate data
(company name, address, telephone number); corporate vehicle
information; corporate identifying numbers; case information (e.g.,
case opened, date referred to EPA); criminal investigator comments;
name and office of criminal investigator; dissemination information
(e.g., which other agency requested the information); and other related
investigative information.
2. Investigative Files. The investigative files contain all
information relating to an investigative matter. In addition to the
information contained in the computerized index system, the
investigative files contain, but are not limited to, correspondence
(case coordination reports, memos of conversation, and other records of
communication relating to the investigation); interviews (witness
interview statements generated by either an OCEFT/CID special agent or
another agency or person); regulatory history (permits and reports
generated as a result of normal program activity); technical support
(program reports generated as a result of the investigation);
investigative notes; electronic monitoring (reports requesting
permission and use, transcripts of tapes); records checks (personal
history, police information, fingerprint cards, photographs); property
reports; property obtained and retained by OCEFT/CID including
documents, personal property and physical evidence; manifests and other
related investigative information.
3. Criminal Docket. The Criminal Docket is the computerized
management information system for the Criminal Investigation Division,
which reflects the activity and productivity of individual agents and
each OCEFT/CID office. It is also the primary source for assembling
statistical data for OCEFT/CID. There is no information contained in
the Criminal Docket that is not also contained in the Criminal
Investigative Index and Files. The Criminal Docket contains the OCEFT/
CID case number, the case name, the most recent investigative or
prosecutorial activity, the involved environmental media and
environmental statutes, government employees involved in the
investigation, case status and case closure codes. The case name may be
either a company name or the name of a person that denotes the subject
of the investigation. Authority for Maintenance of the System (includes
any revisions or amendments): 18 U.S.C. 3063; Comprehensive
Environmental Response, Compensation and Liability

[[Page 55435]]

Act, 42 U.S.C. 9603; Resource Conservation and Recovery Act, 42 U.S.C.
6928; Federal Water Pollution Control Act, 33 U.S.C. 1319, 1321; Toxic
Substances Control Act, 15 U.S.C. 2614, 2615; Clean Air Act, 42 U.S.C.
7413; Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C.
136j, 136l; Safe Drinking Water Act, 42 U.S.C. 300h-2, 300i-1; Noise
Control Act of 1972, 42 U.S.C. 4912; Emergency Planning and Community
Right-To-Know Act of 1986, 42 U.S.C. 11045; and the Marine Protection,
Research, and Sanctuaries Act of 1972, 33 U.S.C. 1415.

Purpose(s):
To support and further the investigation of persons or
organizations alleged to have criminally violated any environmental
statute or regulation. Criminal violations of other federal statutes
may have occurred in conjunction with such environmental violations
and, therefore, may also be within the scope of an OCEFT/CID
investigation and may be included in the record system.

Routine Uses of Records Maintained in the System, Including Categories
of Users, and the Purposes of Such Uses:
General Routine Uses A, C, D, E, F, G, H, and K apply to this
system. Records may also be disclosed:
1. To a potential source of information to the extent necessary to
elicit information or to obtain cooperation of that source in
furtherance of an EPA criminal investigation.
2. To the Department of Justice for consultation about what
information and records are required to be publicly released under
federal law.
3. To a federal agency in response to a valid subpoena.
4. To Federal and state government agencies responsible for
administering suspension and debarment programs.
5. To international law enforcement organizations if the
information is relevant to a violation or potential violation of civil
or criminal law or regulation within the jurisdiction of the
organization or a law enforcement agency that is a member of the
organization.
6. To the news media and public unless it is determined that the
release of the specific information in the context of a particular case
would constitute an unwarranted invasion of privacy.
7. To any person if the EPA determines that compelling
circumstances affecting human health, the environment, or property
warrant the disclosure.
8. In connection with criminal prosecution or plea negotiations to
the extent that disclosure of the information is relevant and necessary
to the prosecution or negotiation and except where court orders are
otherwise required under section (b)(11) of the Privacy Act of 1974, 5
U.S.C. 552a(b)(11).

Policies and Practices For Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System:
Storage: Hard copy files and computer databases.
Retrievability: Files are assigned a case file number and records
are maintained in numerical order. Information on individuals may be
retrieved through the computer index which can use, among other things,
case titles, the names of individuals, organization names, driver's
license numbers, vehicle or tag or vehicle identification numbers and
other identifying numbers.
Safeguards: Computer records are maintained in a secure, password
protected computer system. Paper records are maintained in lockable
file cabinets. All records are maintained in secure, access-controlled
areas or buildings. The index system also maintains a user log that
identifies and records persons who access and use the system.
Retention and Disposal: The manner of Retention and Disposal of the
computer index and files depends on how the information is used. The
files and computerized data fall into one of three categories:
1. For cases investigated but not referred to the Department of
Justice (DOJ) for criminal prosecution, files are retained in the
applicable OCEFT/CID office for two years after the investigation is
closed and then forwarded to the Federal Records Center (FRC) nearest
the System Location for an additional three years. The FRC will
normally destroy the files after three years.
2. For cases referred to DOJ but DOJ declines to prosecute, files
are retained by the applicable OCEFT/CID office for five years after
DOJ declines to prosecute and then retired to the FRC, where they are
normally destroyed after five years.
3. For cases that become the subject of judicial action, files are
retained by the applicable OCEFT/CID office for five years after
completion of the judicial action and then forwarded to the FRC for an
additional ten years of retention. The FRC normally destroys the case
files after ten years.

System Manager(s) and Address:
Director, Criminal Investigations Division, Office of Criminal
Enforcement, Forensics and Training, Environmental Protection Agency,
Ariel Rios Building, 1200 Pennsylvania Avenue NW., Washington, DC
20004.

Notification Procedures:
Any individual who wants to know whether this system of records
contains a record about him or her, who wants access to his or her
record, or who wants to contest the contents of a record, should make a
written request to the System Manager. Requesters will be required to
provide adequate identification, such as a driver's license, employee
identification card, or other identifying document. Additional
identification procedures may be required in some instances.

Access Procedure:
To the extent permitted under the Privacy Act of 1974, 5 U.S.C.
552a(j)(2) or (k)(2), this system has been exempted from the provisions
of the Privacy Act of 1974 that permit access and correction.
Exemptions from access may be complete or partial, depending on the
particular exemption applicable. However, EPA may, in its discretion,
grant individual requests for access and correction if it determines
that the exercise of these rights will not interfere with an interest
that the exemption is intended to protect.

Contesting Procedure:
Requests for correction or amendment must identify the record to be
changed and the corrective action sought. Complete EPA Privacy Act
procedures are set out in 40 CFR part 16.

Record Source Categories:
EPA employees and officials; employees of Federal contractors;
employees of other Federal agencies and of State, local, tribal, and
foreign agencies; witnesses; informants; public source materials, and
other persons who may have information relevant to OCEFT/CID
investigations.

Systems Exempted From Certain Provisions of the Act:
Pursuant to 5 U.S.C. 552a(j)(2) this system is exempt from the
following provisions of the Privacy Act: 5 U.S.C. 552a(c)(3) and (4);
(d); (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(5) and (e)(8);
(f)(2) through (5); and (g). Pursuant to 5 U.S.C. 552a(k)(2), this
system is exempt from the following provisions of the Privacy Act,
subject to the limitations set forth in that subsection: 5 U.S.C.
552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), and (f)(2) through (5).

[[Page 55436]]

BJEPA-21

System Name:
External Compliance Program Discrimination Complaint Files.

System Location:
Office of Civil Rights, Environmental Protection Agency, Ariel Rios
Building, 1200 Pennsylvania Avenue NW., Washington, DC 20460.

Categories of Individuals Covered by the System:
Individuals who have filed, or had filed on their behalf,
discrimination complaints against recipients of Federal financial
assistance.

Categories of Records in the System:
Letters or other documents initiating discrimination complaints,
correspondence, internal memoranda and notes pertaining to the
complaints; investigative reports and findings on the complaints; and
related information concerning the complaints and investigations. A
computerized case index includes cases by number, complainant (but not
all complainants are identified because there are sometimes multiple
complainants in a single case), and recipient.

Authority for Maintenance of the System (includes any revisions or
amendments):
Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d et seq.;
Title IX of the Education Amendments of 1972, 20 U.S.C. 1681 et seq.;
Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794; Federal
Water Pollution Control Act Amendments of 1972 (Pub. L. 92-500, section
13), 33 U.S.C.1251 note; Title III of the Age Discrimination Act of
1975, 42 U.S.C. 6101 et seq.); Title VIII of the Federal Fair Housing
Act (42 U.S.C. 3601); Executive Orders 11246 (Sept. 24, 1965), 12250
(Nov. 2, 1980) and 12892 (Jan. 17, 1994); 40 CFR part 7.

Purpose(s):
This file system is maintained to support and further the
discrimination complaint process, including the investigation and
resolution of complaints, and to assure compliance with the
nondiscrimination laws by recipients of Federal financial assistance.

Routine Uses of Records Maintained in the System, Including Categories
of Users, and the Purposes of Such Uses:
General Routine Uses A, C, D, E, F, G, H, I, and K apply to this
system. Records may also be disclosed:
1. To the Department of Justice or other Federal and State agencies
when necessary to complete an investigation, enforce the
nondiscrimination statutes set forth in the Authority section of this
Notice, or assure proper coordination between Federal agencies.
2. To persons named as alleged discriminating officials to allow
such persons the opportunity to respond to the allegations of
discrimination made against them during the course of the
discrimination complaint process.
3. To any potential source of information when necessary to obtain
information relevant to an OCR investigation of a discrimination
complaint, but only to the extent necessary to inform the source of the
Purpose(s) of the request and to identify the type of information
requested. Policies and Practices for Storing, Retrieving, Accessing,
Retaining, and Disposing of Records in the System:
Storage: File folders. An index of cases is maintained on a
computer database.
Retrievability: By name, case file number, or other characteristic.
Safeguards: Computer records are maintained in a secure, password
protected computer system. Paper records are maintained in lockable
file cabinets. All records are maintained in secure, access-controlled
areas or buildings.
Retention and Disposal: The record schedule for these records is
currently under review and will be submitted to the National Archives
and Records Administration. Proposed retention: Files are retained in
the office for one year after the final decision is written, sent to
the Federal Records Center for nine years, then destroyed.

System Manager(s) and Address:
Associate Director, Complaints Resolution and External Compliance
Staff, Office of Civil Rights, Environmental Protection Agency, Ariel
Rios Building, 1200 Pennsylvania Avenue NW., Washington, DC 20460.

Access Procedure:
To the extent permitted under the Privacy Act of 1974, 5 U.S.C.
552a(k)(2), this system has been exempted from the provisions of the
Privacy Act of 1974 that permit access and correction. However, EPA
may, in its discretion, fully grant individual requests for access and
correction if it determines that the exercise of these rights will not
interfere with an interest that the exemption is intended to protect.
The exemption from access is limited in some instances by law to
information that would reveal the identity of a confidential source.
Requesters will be required to provide adequate identification, such as
a driver's license, employee identification card, or other identifying
document. Additional identification procedures may be required in some
instances.

Contesting Procedure:
Requests for correction or amendment must identify the record to be
changed and the corrective action sought. Complete EPA Privacy Act
procedures are set out in 40 CFR part 16.

Record Source Categories:
Complainants, recipients, witnesses, EPA investigators and/or
contract investigators, other EPA personnel, and other persons with
information relevant to the case.

Systems Exempted From Certain Provisions of the Act:
Pursuant to 5 U.S.C. 552a(k)(2), this system is exempt from the
following provisions of the Privacy Act of 1974, subject to the
limitations set forth in that subsection: 5 U.S.C. 552a(c)(3), (d), and
(e)(1).

[FR Doc. 04-20677 Filed 9-13-04; 8:45 am]

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