[Federal Register Volume 87, Number 115 (Wednesday, June 15, 2022)]
[Notices]
[Pages 36124-36127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12825]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9641-01-OMS]


Privacy Act of 1974; System of Records

AGENCY: Office of Land and Emergency Management (OLEM), 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 
Land and Emergency Management (OLEM), Office of Superfund Remediation 
and Technology Information (OSRTI), is giving notice that it proposes 
to modify a system of records pursuant to the provisions of the Privacy 
Act of 1974. Superfund Enterprise Management System (SEMS) is being 
modified to expand the categories of records that may be housed in SEMS 
and the categories of individuals who may be covered by the system. 
Additionally, EPA is modifying SEMS to add General Routine Uses B, D, 
and M, modify General Routine Use L, and add three Specific Routine 
Uses. The new Specific Routine Uses are related to disclosure of 
records to protect the environment or public health or safety, 
including carrying out an investigation or response; to share 
information with the public in cases of emergency to protect the 
environment or public health and safety; and to respond to other 
external requests for information to support programmatic functions. 
This system of records is an electronic repository of Superfund 
documents routinely used to house and organize data and information 
regarding Superfund sites. Records contained in SEMS are used in 
support of programmatic functions including investigation; cleanup; 
program planning; community outreach; coordination with state, local 
and tribal entities; listing and de-listing of

[[Page 36125]]

Superfund sites; enforcement activities; and litigation. Information 
related to Superfund sites may be gathered under other statutory 
authorities because SEMS is an accessible repository for selected non-
Superfund sites as well. Privacy is maintained by limiting access to 
the database containing confidential business and personal information. 
All exemptions and provisions included in the previously published 
System of Records Notice (SORN) for SEMS will transfer to the modified 
SORN for SEMS.

DATES: Persons wishing to comment on this system of records notice must 
do so by July 15, 2022. New or Modified routine uses for this modified 
system of records will be effective July 15, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OLEM-2021-0037, by one of the following methods:
    Federal eRulemaking Portal: https://www.regulations.gov. Follow the 
online instructions for submitting comments.
    Email: <a href="/cdn-cgi/l/email-protection#fe9a919d959b8aa191938dbe9b8e9fd0999188"><span class="__cf_email__" data-cfemail="ea8e8589818f9eb5858799aa8f9a8bc48d859c">[email protected]</span></a>. 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-OLEM-
2021-0037. 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 the 
current operating status is available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Jennifer Sutton, Office of Land and 
Emergency Management (OLEM), Office of Superfund Remediation and 
Technology Information (OSRTI), Mail Code 5202P, 1200 Pennsylvania Ave. 
NW, Washington, DC 20460; telephone number (703) 603-8718; 
<a href="/cdn-cgi/l/email-protection#3a694f4e4e555414705f5454535c5f487a5f4a5b145d554c"><span class="__cf_email__" data-cfemail="f1a28485859e9fdfbb949f9f98979483b1948190df969e87">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: EPA created a Privacy Act system of records 
to allow the Agency to maintain and readily access records to provide 
project and program managers the ability to plan, manage, track, and 
report on clean-up and enforcement activities taking place at Superfund 
sites. The SEMS database application supports the electronic capture, 
imaging, indexing, and tracking of records which document 
investigation, cleanup, and enforcement activities at potential and 
existing hazardous waste sites. The electronic repository of documents 
is routinely used in a variety of ways, including research, 
enforcement, litigation support, responses to congressional and Freedom 
of Information Act (FOIA) requests, public participation in the 
Superfund process, electronic archiving, cost recovery, disaster 
recovery, and support of the program and Agency missions. This 
notification confirms that the SEMS database may now also be used to 
house and manage documents developed by non-Superfund EPA program 
offices, including those conducting investigatory and enforcement 
activities under the Resource Conservation and Recovery Act, the Safe 
Drinking Water Act, the Clean Air Act, and the Federal Water Pollution 
Control Act.
    Records protected under the Privacy Act are subject to Agency-wide 
security requirements governing all database systems at EPA. Privacy is 
maintained by limiting access to the database containing confidential 
business and personal information. Access to the database has been 
limited to individuals designated as system Administrators, Remedial 
Project Managers (RPMs), Data Sponsors, On-Scene Coordinators (OSCs), 
Information Management Coordinators (IMCs), Budget Coordinators (BCs), 
Regional Attorneys, Regional Managers, Data Entry Support Staff, 
Support Contractors, and any other staff with assigned data management 
responsibilities. This notification confirms that access to utilize and 
access the documents in the SEMS database may now be expanded to also 
include individuals holding comparable positions (including enforcement 
program staff) in EPA offices conducting investigatory and enforcement 
activities under the Resource Conservation and Recovery Act, the Safe 
Drinking Water Act, the Clean Air Act, and the Federal Water Pollution 
Control Act. This notification further clarifies and specifies 
categories of records that may be present in the SEMS database.
    EPA is adding General Routine Use B related to the disclosure of 
information to sources from which additional information is requested 
and a General Routine Use D related to disclosure of information to the 
Office of Management and Budget (OMB). Additionally, EPA is modifying 
General Routine Use L and adding General Routine Use M regarding 
response to a suspected or confirmed breach of personally identifiable 
information. EPA is also modifying SEMS to add three Specific Routine 
Uses that may include disclosure to appropriate Federal, state, local, 
and tribal authorities in conformity with Federal, state, local,

[[Page 36126]]

and tribal laws when necessary to protect the environment or public 
health or safety, including effectively carrying out an investigation 
or response. Information sharing agreements may be used as a mechanism 
to define appropriate limitations on use and disclosure of Privacy Act 
information by state, tribal, and local officials. Information may also 
be shared with state agencies and with the public as part of their 
participation in the Superfund evaluation and decision-making process. 
This may include public disclosure of addresses where EPA determines 
cleanup actions are required. In cases of emergency, EPA may share 
information with members of the public to assure protection of the 
environment or public health and safety. Records may be disseminated in 
response to other external requests, and in support of investigation; 
cleanup; program planning; community outreach; coordination with state, 
local and tribal entities; listing and de-listing of Superfund sites; 
enforcement activities; and litigation.

SYSTEM NAME AND NUMBER:
    Superfund Enterprise Management System (SEMS), EPA-69.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    The system will be managed by the EPA's Office of Emergency 
Response, OLEM, 1200 Pennsylvania Ave. NW, Mail Code 5103 T, 
Washington, DC 20460. Information maintained pursuant to this notice 
may be located at EPA Headquarters Offices or at EPA Regional Offices, 
or at field offices established as part of the residential assessment 
field work, depending upon the location where the environmental 
assessment is conducted or where computer resources are located. 
Databases may be hosted at the EPA's National Computer Center located 
at 109 T.W. Alexandra Drive, Durham, NC 27709, or in OLEM's emergency 
response cloud hosting environment.

SYSTEM MANAGER(S):
    Jennifer Sutton, Office of Land and Emergency Management (OLEM), 
Office of Superfund Remediation and Technology Information (OSRTI), 
Mail Code 5202P, 1200 Pennsylvania Ave. NW, Washington, DC 20460; 
telephone number (703) 603-8718; <a href="/cdn-cgi/l/email-protection#b2e1c7c6c6dddc9cf8d7dcdcdbd4d7c0f2d7c2d39cd5ddc4"><span class="__cf_email__" data-cfemail="c99abcbdbda6a7e783aca7a7a0afacbb89acb9a8e7aea6bf">[email protected]</span></a>.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Comprehensive Environmental Response, Compensation and Liability 
Act, 42 U.S.C. 9604, 9660 and 40 CFR 300; Resource Conservation and 
Recovery Act, 42 U.S.C. 6981; Clean Air Act, 42 U.S.C. 7403; Safe 
Drinking Water Act, 42 U.S.C. 300i; 300j-1; the Freedom of Information 
Act, 5 U.S.C. 552; Toxic Substances Control Act, 15 U.S.C. 2609; and 
Federal Water Pollution Control Act, 33 U.S.C. 1254, 1318, 1321.

PURPOSE(S) OF THE SYSTEM:
    The purpose of SEMS is to provide project and program managers with 
data and information needed to plan, manage, track and report on 
investigation, cleanup, and enforcement activities taking place at 
Superfund sites. SEMS is an electronic repository of documents and data 
used to disseminate records in response to FOIA and other external 
requests, and in support of litigation; investigation; cleanup; program 
planning; community outreach; coordination with state, local and tribal 
entities; listing and de-listing of Superfund sites; and enforcement 
activities. SEMS tracks activities at each Superfund site which include 
assessment; removal; contamination and risk characterization; remedy 
selection and implementation; post construction operation and 
maintenance; enforcement activities; financial resources; and community 
involvement. SEMS may also be used to track activities at non-Superfund 
sites in the system which may include investigation, risk 
characterization, and enforcement and negotiation activities.

CATEGORIES OF INDIVIDUALS COVERED BY SYSTEM:
    This system covers potentially responsible parties (PRP), EPA 
employees with responsibilities at specific Superfund sites, members of 
the public who have made public comments on program decisions or who 
have environmental sampling results reported for their personal 
business or residence, and contractor and analytical laboratory staff 
with responsibilities on specific Superfund sites. This system also 
covers businesses and individuals subject to EPA regulatory or 
enforcement authority under the Resource Conservation and Recovery Act, 
the Safe Drinking Water Act, the Clean Air Act, and the Federal Water 
Pollution Control Act; EPA employees with responsibilities under those 
statutes; members of the public who have made public comments on 
program decisions or who have environmental sampling results reported 
for their personal business or residence; and contractor and analytical 
laboratory staff with responsibilities on specific regulatory or 
enforcement matters.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Site location and basic descriptive information; contact 
information (e.g., name, address, telephone number, email address) for 
key individuals with information and responsibilities on specific 
sites; data generated and obtained by EPA regarding site information 
and actions conducted at the site; information on buildings and other 
structures; planned and actual site financial and enforcement 
information; information on potentially responsible parties (PRP) or 
regulated entities; negotiation data; litigation/referral data; lien 
data; alternative dispute resolution data; litigation history; 
correspondence tracking; transcribed voice messages; property access 
information; land use restrictions; community involvement data (i.e., 
location, contact data, technical assistance grant data); and medical 
and public health information pertaining to environmental sampling 
results or public complaints.

RECORD SOURCE CATEGORIES:
    Information placed and maintained in SEMS is derived from, among 
other sources, existing programmatic records, EPA employees, 
contractors, grantees, civil investigators and attorneys, analytical 
laboratories, private entities, the public, state and local cleanup 
programs and officials, and public records.

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, November 10, 
2021): A, B, D, E, F, G, H, K, L, and M.
    Additional routine uses that apply to this system are:
    1. Records may be disclosed to Federal, state, local, and tribal 
authorities in conformity with Federal, state, local, and tribal laws 
when necessary to protect the environment or public health or safety, 
including carrying out an investigation or response. Personal medical 
records will not be shared. Information sharing agreements may be used 
as a mechanism to define appropriate limitations on use and disclosure 
of Privacy Act information by state, tribal, and local officials. 
Relevant Federal, state, tribal, and local laws may also provide 
assurance that the information will be kept confidential. Information

[[Page 36127]]

may also be shared with state agencies and with the public as part of 
their participation in the Superfund evaluation and decision-making 
process. This may include public disclosure of addresses where EPA 
determines cleanup actions are required.
    2. In case of emergency, EPA may share information with members of 
the public to assure protection of the environment or public health and 
safety.
    3. Records may be shared with external parties in support of 
investigation; cleanup; program planning; community outreach; 
coordination with state, local and tribal entities; listing and de-
listing of Superfund sites; enforcement activities; and litigation.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records will be stored electronically in an Agency-approved 
database (Oracle) and managed by system developers and administrators, 
along with EPA Office of Superfund Remediation and Technology 
Information (OSRTI) personnel. Incremental system backups are performed 
nightly and monthly. Actual files are stored in a Windows file server.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records can be retrieved by Site Name, Site ID Number, Author, 
Addressee, Document Title, Document Date, and Document ID Number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records maintained in this system are subject to record schedule 
0755, which is still being finalized.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Security controls used to protect personal sensitive data in SEMS 
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 
Federal Information Systems and Organizations,'' Revision 5.
    1. Administrative Safeguards: The system has a single point of 
access via a front-end Portal. All users are required to complete a new 
user form (signed by their supervisor) and take online security 
training before they are provided with access. All authorized users of 
the SEMS application are required to take an annual security and 
privacy awareness training identifying the user's role and 
responsibilities for protecting the Agency's information resources, as 
well as consequences for not adhering to the policy.
    2. Technical Safeguards: Information is maintained in a secure 
username/password protected environment. Permission-level assignments 
allow users access only to those functions for which they are 
authorized. Audit logs are reviewed on a monthly basis to identify 
system access outside of normal business hours, anomalous user accounts 
or server names, or login failures. No external access to SEMS is 
provided.
    3. Physical Safeguards: Access to all information and hardware is 
maintained in a secure, access-controlled facility at the NCC.

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 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: <a href="/cdn-cgi/l/email-protection#e393918a9582809aa3869382cd848c95"><span class="__cf_email__" data-cfemail="08787a617e696b71486d7869266f677e">[email protected]</span></a>. 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:
    80 FR 21237 (February 17, 2015).

Vaughn Noga,
Senior Agency Official for Privacy.
[FR Doc. 2022-12825 Filed 6-14-22; 8:45 am]
BILLING CODE 6560-50-P


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