Privacy Act System of Records: Federal Lead-Based Paint Program System of Records, EPA-54
[excerpted from: Federal Register: August 21, 2009 (Volume 74, Number 161)]
System Name: Federal Lead-Based Paint Program System of Records (FLPPSOR)
Security Classification: None.
System Location: Records maintained in FLPPSOR are stored in electronic and hard- copy formats at Research Triangle Park (RTP), NC, EPA regional offices and the Federal program contractor's office. In addition:
The main system is located at EPA's National Computer Center (NCC) in Research Triangle Park (RTP), North Carolina. This database contains information entered from some of the primary sources listed below under "Categories of Records in the System" (submitted form and notifications).
Hard-copy files are located in EPA regional offices and the facility operated by EPA's Federal program contractor's office. These records include the original or photocopied paper submissions (including supplementary information) provided to the Agency. Though similar in file content, the hard-copy collections maintained by the EPA contractor may differ from those maintained by the applicable regional office.
EPA regional offices have developed electronic systems for their local uses. These electronic records are maintained separate from the main central server at RTP and are used solely by the regional offices.
Categories of Individuals Covered by the System: Individuals covered by the system include those who have applied for certification to perform lead-based paint and renovation activities in the following disciplines: inspectors, supervisors, risk assessors, project designers, abatement workers, renovators, and dust-sampling technicians. Certified inspectors, supervisors, risk assessors, project designers, and abatement workers may be listed on EPA's Lead home page in the future. All renovators and dust-sampling technicians will be listed on EPA's Lead home page.
Categories of Records in the System: FLPPSOR contains individuals' names, home addresses, telephone numbers, dates of birth, work-related information, signatures, course test scores, submitted fees, and certificate numbers.
Authority for Maintenance of the System: 40 CFR Part 745 Lead--Requirements for Lead-Based Paint Activities in Target Housing and Child-Occupied Facilities and 40 CFR Part 745 Lead--Renovation, Repair, and Painting Program.
Purpose(s): The purpose of FLPPSOR is to maintain information submitted to the Agency through various documents under the Federal Lead-Based Paint Program and the Federal Lead-Based Paint Renovation, Repair and Painting Program. These records include application forms, notification forms, and various support documents. FLPPSOR supports activities integral to the program (i.e., issuing certificates and badges, analyzing information, generating letters and reports, and providing information to allow for executing various enforcement actions).
Routine Uses of Records Maintained in the System and Their Purpose; Categories of Users: General routine uses are as follows: A, B, C, E, F, G, H, I, K and L.
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 (FOIA), the Agency may disclose information from FLPPSOR to Federal, State, or local agencies, present and former employers and business and personal associates, and hearing officials, as a given situation might require, for purposes including the following:
- To verify the identity of the individual;
- To enforce the conditions or terms of the Agency's Lead-Based Paint Program and Lead-Based Paint Renovation, Repair and Painting Program regulations;
- To investigate possible fraud by, for example, applicants and users, and verify compliance with Agency Lead-Based Paint Program and Lead-Based Paint Renovation, Repair and Painting Program regulations;
- To prepare for litigation or to litigate fee collections and reporting enforcement matters;
- To initiate a limitation, suspension, and termination (LS&T) or debarment action;
- To investigate complaints, update files, and correct errors;
- To prepare for alternative dispute resolutions (ADR) in any of the cases described in paragraphs (2), (3), and (4);
- To engage in audits or other internal matters within EPA;
- To contact certified individuals and applicants in the event of a system modification; or
- To respond to a change to FLPPSOR, as in the case of a modification, revocation, or termination of a user's access privileges.
Policies and Practices for Storing, Retrieving, Safeguarding Access, Retaining, and Disposing of Records in the System:
FLPPSOR maintains records on individuals derived from a variety of sources relating to the undertaking of lead-based paint activities; lead-based paint renovation, repair and painting activities; and training. These record sources include the following forms submitted to EPA: EPA Form 8500-27, "Application and Instructions for Firms Applying for Certification of Lead-Based Paint and Renovation Activities" EPA Form 8500-25, "Application and Instructions for Training Providers Applying for Accreditation of Lead-Based Paint Activity and Renovation Training Programs," and EPA Form 8500-28, "Application and Instructions for Individuals Applying for Certification to Conduct Lead-Based Paint Activities." The information derived from these forms concerns individuals, firms and training providers who have applied for certification or accreditation in lead- based paint or renovation activities. Two record sources include information derived from required notifications submitted to EPA pursuant to 40 CFR Part 745. The first of these latter record sources requires firms certified under 40 CFR 745.226 to provide notification to the Agency prior to conducting lead-based paint abatement activities. The second of these record sources requires training programs accredited under 40 CFR 745.225 to provide notification to the Agency prior to and then following conducting lead-based paint abatement and renovation, repair and painting activities training courses. The data derived from these notifications include information on individuals who supervise lead-based paint abatement and prepare the notification to EPA prior to doing so or serve as instructors for managing other instructors or attending 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 FLPPSOR are stored in different formats and in several locations. Each of these record collections, which together comprise the FLPPSOR, 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.
Retrievability: Records may be retrieved by an individual's name, application ID number, applicant ID number, or program activity.
Safeguards: Physical access to the system housed in the facility at RTP is controlled by a computerized badge-reading system, with security patrols during non-business hours. 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 EPA's Federal program contractor 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 protocols and computerized badge-reading systems.
Retention and Disposal: 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 two years after the date of the last entry.
System Manager's Address and Telephone Number: Maria J. Doa, Ph.D., Director, National Program Chemicals Division, USEPA, Office of Pollution Prevention and Toxics, (7404T), 1200 Pennsylvania Ave., NW., Washington, DC 20460, (202) 566-0500.
Requests to determine whether this system of records contains a record pertaining to you must be sent to the Agency's Freedom of Information Office. The address is: U.S. Environmental Protection Agency; 1200 Pennsylvania Ave., NW., Room 6416 West; Washington, DC 20460; (202) 566-1667; E-mail: (firstname.lastname@example.org); Attn: Privacy Act Officer.
Record Access Procedures: Requesters seeking access to this system 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.
Contesting Records Procedures: If you wish to contest a record in the system of records, contact the Agency's Freedom of Information Office as described under "Notification Procedure" listed above.
Record Source Categories: Information is obtained from individuals, firms, and training providers who are certified and/or accredited to perform lead-based paint and renovation activities.
Systems Exempted From Certain Provisions of the Act: None.