Privacy Act System of Records: Restricted Use Pesticides, EPA-59
System Name: Records of Pesticide Applicators Certified Under EPA-Administered Certification Plans
System Location: USEPA, Office of Pesticide Programs, Field & External Affairs Division, Mail Code 7506P, 1200 Pennsylvania Ave., NW., Washington, DC 20460, and other EPA offices authorized by the Field &External Affairs Division to maintain portions of the system.
Categories of Individuals Covered by the System: Persons certified or seeking certification to apply restricted use pesticides (RUPs) under Certification Plans administered by EPA.
Categories of Records in the System:
- Contact information (e.g., name, address, telephone number, email address).
- Identification information (e.g., birth date, proof of identification (e.g., driver’s license no.), physical description (e.g., height, weight, gender, race)).
- Data generated by EPA in the processing of the EPA certification (e.g., EPA certified applicator number, certification type private or commercial), certification categories (e.g., aerial, aquatic, fumigation), certification issuance and expiration dates).
- Information regarding qualifications (e.g., scores from EPA certification examinations; records of training and continuing education; state, tribal or other federal agency certification number(s), types, categories, issuance and expiration dates; records of compliance with federal, state and tribal pesticide laws).
Authority for Maintenance of System (Includes any Revisions or Amendments): Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Section 11(a)(1) provides for the certification of RUP applicators. 40 CFR 171.11 further describes certification procedures including the completion and submission of certification applications to EPA, issuance/revocation of certificates, monitoring of certifications, and applicator recordkeeping requirements. Title 7 United States Code, section 136i(a)(1) authorizes the collection of this information.
Purpose(s): The primary purpose of the system is to track RUP applicator certifications issued by EPA under pesticide applicator certification plans, including the initial applications/issuance and any renewals, denials, or revocations of certifications. Certified applicators are subject to RUP recordkeeping requirements under FIFRA, section 11and 40 CFR part 171. The system may also be used to contribute to the development of inspection targeting schemes to verify compliance with recordkeeping requirements for RUPs.
Routine Uses of Records Maintained in the System, Including Categories of Users and the Purposes of Such Uses: RUPs may not be distributed, sold, or made available to persons other than certified applicators. The system will be used to record the identity and certification status of pesticide applicators certified by EPA. Certain personal information contained in the system (e.g., date of birth, drivers’ license numbers) will be protected from general disclosure under the Privacy Act. However, many of the records will be subject to general routine uses, particularly routine uses A, B, C, F, G,H, K, and L. Routine uses include disclosures to RUP retailers and dealers in order to verify the status of persons claiming to be certified by EPA, and to state or tribal officials intending to grant certifications based upon EPA’s prior certification. Information from this system also maybe disclosed for law enforcement purposes to federal, state, and tribal officials responsible for pesticide enforcement. Disclosure will assist in determining compliance and noncompliance with Federal, State, and tribal requirements of certified applicators. EPA may also post certain information about certified applicators (name, contact information, and certification information) to an EPA Web site in order to enable interested persons to identify applicators certified by EPA in various categories. The Agency will only publish name, zip code and certification information for private applicators.
Policies and Practices for Storing, Retrieving, Accessing, Retaining, and Disposing of Records in the System:
- Storage: Records will be stored using the Agency’s standard database system (e.g., Lotus Notes) and managed by system administrators and Pesticide Office personnel.
- Retrievability: Data will be retrieved by the applicator’s name and certification action (e.g., new, recertification, duplicate).
- Safeguards: Standard Agency-wide protections for internal databases. The access control list is limited to Agency system administrators, individuals responsible for evaluating applications and issuing the EPA certifications and program personnel responsible for data entry. No other EPA personnel have access to the database(s). Program personnel are trained to protect sensitive and confidential information submitted under FIFRA. No external access to the system is provided.
- Retention and Disposal: Records stored in this system are subject to Schedule 090.
- System Manager(s) and Address: Nicole Zinn, Office of Pesticide Programs, Field and External Affairs Division, U.S. Environmental Protection Agency, Mail Code 7506P, 1200Pennsylvania Ave. NW., Washington, DC 20460; telephone number (703) 308–7076.
Notification Procedures: 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; 1200Pennsylvania Ave. NW., Room 6416West; Washington, DC 20460; (202)566–1667; Email: (email@example.com); Attn: Privacy Act Officer.
Record Access Procedures: Persons seeking access to their own personal information in this system of records 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 40CFR part 16.
Contesting Record Procedures: 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 at 40 CFR part 16.
Record Source Categories: There are three sources of data for records stored in the system:
- State, tribal or other Federal certification data upon which the EPA certification is based.
- Data provided by the requesting applicator at the time of its request for EPA certification.
- Data generated by EPA in the processing of the EPA certification.
Systems Exempted from Certain Provisions of the Act: None