1.  IDENTIFICATION OF THE INFORMATION COLLECTION

(a) Title of the Information Collection

This information collection request is for the new Environmental
Protection Agency (EPA), Performance Work Statement entitled “Drug
Testing for Contract Employees (Renewal),” EPA ICR Number 2183.03 and
OMB Control Number 2030-0044. The Performance Work Statement applies to
a contractor who performs response services at sensitive sites with
serious security concerns where the Agency and public interest would
best be protected through drug testing of contractor employees.  The
Contracting Officer or On-Scene Coordinator will designate significant
security concerns in the contractual tasking document when the situation
warrants.  The Performance Work Statement requires the contractor to
test employees for the use of marijuana, cocaine, opiates, amphetamines,
phencyclidine (PCP), and any other controlled substances as directed on
a project specific basis by the Contracting Officer.  Only contractor
employees who have been tested within the previous 90 calendar days may
be directly engaged in on-site response work and/or on-site related
activities at designated sites with significant security concerns. 

(b) Short Characterization 

The EPA uses contractors to perform services throughout the nation in
response to environmental emergencies involving the release, or
threatened release, of oil, radioactive materials or hazardous chemicals
that may potentially affect communities and the surrounding environment.
 Releases may be accidental, deliberate, or may be caused by natural
disasters.  Contractors responding to any of these types of incidents
may be responsible for testing their employees for the use of marijuana,
cocaine, opiates, amphetamines, phencyclidine (PCP), and any other
controlled substances as directed on a project specific basis by the
Contracting Officer. 

The testing for drugs must be completed prior to contract employee
performance.  The contractor shall maintain records associated with all
drug tests.

(c) Terms of OMB Clearance

EPA contractors performing emergency response services at non-Federal
facilities are not subject to the requirements and standards of Homeland
Security Presidential Directive 12 (HSPD-12), e.g., leased office
buildings, emergency response sites, private residences, schools, sites
of law enforcement activity.  This type of location is not covered under
HSPD-12.

There are no requirements for drug testing of contractor employees
working at either Federal or non-Federal facilities under HSPD-12.

2.  NEED FOR AND USE OF THE COLLECTION 

(a) Need/authority for the Collection

The legal authority for this collection is Title 5, Code of Federal
Regulations, Parts 731, 732, and 736.  The EPA has a responsibility to
protect the public and Agency and contractor employees working on an
emergency response incident by ensuring employees are not under the
influence of marijuana, cocaine, opiates, amphetamines, phencyclidine
(PCP), and any other controlled substances.  This process is necessary
to allow the EPA to meet its responsibilities and mitigate the threat to
the public health, welfare and the environment. 

(b) Uses/users of the Data

Information collected by response contractors for performing drug tests
on contract employees before the individual employees perform
contractual services for the EPA.

3.  NONDUPLICATION, CONSULTATION, AND OTHER COLLECTION CRITERIA

(a) Nonduplication

Information requested from a contractor’s employee to determine
suitability to perform on a response contract is unique to a specific
individual; this information cannot be obtained from any other source.

(b) Public Notice Required Prior to ICR submission to Office of
Management and Budget.

This information collection request was published as a Notice in the
Federal Register on June 10, 2005; and no comments were received. This
information collection request was been published for renewal as a
Notice in the Federal Register on November 13, 2008 and no comments were
received.

(c) Consultations

To determine contractor burden associated with the information
collection identified in this request, the following vendors were
contacted:

_Representative__		               Firm___________	          ____Phone___

Micaell Diazgranados            WRS Infrastructure& Env. 		(813)
684-4400

Tom Campbell  		Project Resources, Inc.		(858) 505-1000

Mark Ruck			Environmental Restoration		(636)  227-7477

Each individual consulted indicated that he/she understood the need for
the information collection and did not find the collection excessively
burdensome.  Estimated time to complete the information collection is
described in section 6.  Estimating the Burden and Cost of the
Collection.”  

(d) Effects of Less Frequent Collection

The information provided by the contractors’ employees is collected
once prior to the employee performing under a response contract work
on-site for the EPA.  The requirement for drug testing cannot be met
with a less frequent collection. 

(e) General Guidelines

The information contained in this ICR is in accordance with the Office
of Management and Budget’s general guidelines for federal data
collection, except that small entities have to follow the same
collection procedures as other respondents. 

(f) Confidentiality

The EPA contractor is responsible for collecting and maintaining
information under this collection of information; therefore, each
contractor will have his own procedures for ensuring confidentiality.

(g) Sensitive Questions

Information requested is commonly collected as a normal business
practice and is not unduly sensitive.  The contractor will collect and
maintain employee information.  The EPA will not collect contractor
employee information nor maintain it.  The Agency is responsible for
receiving the notification from contractors.

4.  THE RESPONDENTS AND THE INFORMATION RECEIVED   

(a) Respondents/North American Industry Classification System Codes

Information is collected for employees of the contractor and
subcontractor who perform services with regard to environmental
emergencies involving the release, or threatened release, of oil,
radioactive materials or hazardous chemicals that may potentially affect
communities and the surrounding environment.  All contractor employees
who will perform on response actions are subject to drug testing prior
to contract performance.  Typically, these contractor respondents fall
into the following North American Industry Classification System code:
562910 Remediation Services.

(b) Information Requested

The contractor’s employees will be required to provide drug testing
samples to be tested for the use of marijuana, cocaine, opiates,
amphetamines, phencyclidine (PCP), and any other controlled substances
as directed on a project specific basis by the Contracting Officer.

5.  THE INFORMATION COLLECTED:  AGENCY ACTIVITIES, COLLECTION
METHODOLOGY, AND INFORMATION MANAGEMENT

(a) Agency Activities  

The EPA contracting officers are responsible for ensuring that they have
received notification from the contractor that all of its employees
working under the contract at a response site with security concerns
have passed the drug test for the use of marijuana, cocaine, opiates,
amphetamines, phencyclidine (PCP), and any other controlled substances
as directed on a project specific basis by the Contracting Officer.

(b) Collection Methodology and Management  

The information is collected by each contractor from each employee who
will be working on a sensitive response site.  Submissions are accepted
in any format so long as they include the requested test sample.  No
information is submitted to the Agency, but compliance is mandatory and
no employee may work on a response site with security concerns without
passing the drug test for the use of marijuana, cocaine, opiates,
amphetamines, phencyclidine (PCP), and any other controlled substances
as directed on a project specific basis by the Contracting Officer. 
Only those contractor employees who have been tested within the previous
90 calendar days may be directly engaged in on-site response work and/or
on-site related activities at designated sites with significant security
concerns.  

(c) Small Entity Flexibility

Separate or further simplified requirements for small entities are not
practical because the stated objectives cannot be met under such
alternatives.  The requirements of the information collection apply to
the awardees of the contract.  Reasonable expense associated with the
Drug Testing is reimbursable; therefore, small businesses are not
expected to experience financial difficulties in fulfilling these
requirements.  There are numerous commercial sources that perform drug
tests.

(d) Collection Schedule

Information will be collected periodically as individuals are requested
to work on a response site location under new or existing contracts.

6.  ESTIMATING THE BURDEN AND COST OF THE COLLECTION

(a) Estimation of Respondent Burden

Respondent burden estimates for this collection are based upon
interviews with the contractors identified in 3(b) above and discussions
with Agency personnel.  The Agency anticipates that the contractor
burden for complying with this requirement includes the time it takes
for employees to provide the required information, the administrative
time to manage a drug testing subcontract, the time to notify the
Agency, and the effort to maintain the records for 4 years.  

(b) Estimation of Respondent Costs

(i) Estimating Labor Costs

Respondent Cost Estimate

Burden	 Loaded 

Step	Collection Activity  		Labor Cat.	  Hours__	    Rate__	    Cost_

   1.  Time to provide sample		Employees	.25   hour	$87.73		$21.93

   2.  Cost of Drug Test								$65.00

(subcontract)

   3.  Manage Drug Test		Manager	.25   hour	$116.55	$29.14

subcontract & review results

   4.  Submit notification 		Manager	.25 hour	$116.55	$29.14

   5.  Maintain files		       Admin. Support 	.25 hour        	$47.47	
$11.87

1.0 hour		          $157.08

Step 1 of the information collection is completed by an employee at any
level working on a government designated security sensitive site. Data
from the Agency’s Independent Government Cost Estimate (IGCE)
developed in 2005 for the acquisition of new response contracts for all
regions were averaged to arrive at one loaded rate.  The loaded rate
includes the contractors’ overhead rate, general and administrative,
and fringe benefit costs.  Since the loaded labor rate used in this
estimate is from 2005, an escalation factor of 3.1% (based upon Defense
Contract Audit Agency recommendations) was applied for the outlying
years through 2009 to determine an average annualized loaded labor rate
for the time the ICR renewal goes into effect. 

The following is the calculation of the annualized loaded labor rate for
step 1:

Loaded Rate:

2005 = 			$82.48

	2006 = ($82.48 x 3.1%) =	$85.04 

	2007 = ($85.04 x 3.1%) =	$87.68

	2008 = ($87.68 x 3.1%) =	$90.33

	2009 = ($90.33 x 3.1%) = 	$93.13

$271.14/5 = $87.73

The cost estimate for this ICR is based on the same or similar labor
categories as those reflected in the background check ICR.  Therefore,
the cost associated with this effort was estimated using a loaded hourly
rate within the National Compensation Survey: Occupational Wages in the
United States, 2007 published by the U.S. Department of Labor, Bureau of
Labor Statistics in April of 2007, and represents the most current
survey data available.  Steps 3 and 4 of the collection activity are
performed by a human resource type manager and/or a security manager
responsible for personnel management.  Administrative support personnel
are responsible for completing step 5. 

The following are the loaded labor rates used in the calculations in the
table above for steps 3 through 5:

Administrative Manager:

2007 = $35.15

2008 = ($35.15 x 1.04) $36.56

2009 = ($36.56 x 1.04) $38.02 x 2.95 = $ 112.16

2010 = ($38.02 x 1.04) $39.54 x 2.95 = $ 116.45

2011 = ($39.54 x 1.04) $41.03 x 2.95 = $ 121.04

    $ 349.65/3 = $116.55

Administrative Support:

2007 = $14.29

2008 = ($14.29 x 1.04) $14.86

2009 = ($14.86 x 1.04) $15.45 x 2.95 = $ 45.58

2010 = ($15.45 x 1.04) $16.09 x 2.95 = $ 47.47

2011 = ($16.09 x 1.04) $16.73 x 2.95 = $ 49.35

   $142.40/3 = $47.47

* 2.95 is a factor recommended by EPA cost analyst as representative of
labor related burdens

These loaded rates, therefore, represent the most realistic cost of
compliance with the Drug Testing requirement for the response contracts.
 

 (ii)  Capital/ Start-up Costs

Respondents will not be required to acquire capital goods to provide the
requested information; therefore, capital start-up costs have not been
included in this estimate.

(iii)  Operating and Maintenance Costs

Operating and maintenance costs, which include such items as file
storage, photocopying, and postage, will be nominal.

(c) Estimating Agency Burden and Cost

Agency burden for responses to background check and suitability
determinations.

Agency Burden Cost Estimate

   Labor			    Loaded

Collection Activity		Category        Burden Hours	   _Rate_	Cost

   1.  Ensure Compliance		GS-13		.25 hour	   $75.55	$18.89

2009 = 		     33.84 x 2.16* = $73.09

2010 = ($33.84 x 3.0%) $34.86 x 2.16   = $75.98

2011 = ($34.86 x 3.0%) $35.91 x 2.16   = $77.57

         $226.64/3 = $75.55

Drug testing is the responsibility of the EPA contractor.  The Agency is
primarily responsible for ensuring that contractors notify the Agency
that its employees have passed the drug test.  The Agency’s effort is
estimated to be at the GS-13 level.  The GS-13 per hour salary for 2009
is $33.84.  This per hour wage was escalated by an estimated factor of
3.0% based upon historical cost of living increases for federal workers.
 These wage rates were then multiplied by a factor of **2.16 to reflect
Federal employee benefits and then divided by three for an annualized
loaded rate of $75.55, for the three years the ICR is in effect (see
above)

*2.16 is a factor recommended by EPA cost analyst as representative of
employee related benefits. (see above).  

(d) Estimating the Respondent Universe and Total Burden 

All EPA contractor personnel performing at an EPA designated sensitive
site with significant security concerns must be tested for the presence
of marijuana, cocaine, opiates, amphetamines, phencyclidine (PCP), and
any other controlled substances.  A site with significant security
concerns is determined by the Agency and could be sites that involve law
enforcement activities, any indoor cleanups (including household
residences), drug lab cleanups, and response actions at geographically
sensitive locations such as military installations and government
buildings.  The number of contractor employees expected to submit to
drug testing is 1,350 for the life of this ICR (3 years).  This number
was determined by input provided from the respondents estimating the
number of drug tests that they provide in a year because they would be
considered to have security concerns for the Agency.  Annually, the
Agency responds to roughly 450 incidences with an estimated 5% of these
responses, 23, that may be designated as having security concerns for
the Agency.  

There are both small and large businesses working in the field with
diverse response site situations that require large variations in the
number of employees.  Contractors may be on-site for a few days or many
years depending on the situation.  There are currently 78 contracts that
respond to environmental emergencies involving the release, or
threatened release, of oil, radioactive materials or hazardous chemicals
that may potentially affect communities and the surrounding environment.
 The number of these contracts changes depending on program needs and
environmental circumstances.  For these reasons, this initial request
represents our best estimate given current information.  Future
estimates will be more accurate and based on historical data on the use
of the subject clause. 

(e)  Bottom Line Burden Hours and Costs

(i) Respondent Tally

Total annual respondent hours for this collection request are 450 hours.
 This is derived by taking the total number of contractor employees
expected to submit to drug testing, 1,350, divided by 3 (the number of
years the ICR is effective) for a total of 450 occurrences per year.  . 
Then the number of annual occurrences, 450, is multiplied by the
respondent burden effort of , approximately 1 hour to collect
information to arrive at the total of 450 hours per year.

Total annual respondent cost for this collection request is $70,686.00. 
This is calculated by multiplying the number of annual occurrences, 450,
by the respondent cost of one collection, $157.08.

(ii) The Agency Tally

The total annual Agency burden hours for this collection request are
112.5 hours.  This is derived by taking the total number of contractor
employees expected to submit to drug testing, 1,350, divided by 3 (the
number of years the ICR is effective) for a total of 450 occurrences per
year.  Then, the total number of occurrences per year, 450, is
multiplied by the estimated burden hours, .25, to arrive at a total
estimated burden of 112.5 hours.

The total annual Agency burden cost is estimated at $8,500.50.  This is
calculated by multiplying the estimated burden hours, .25, by the
estimated hourly rate of $75.55 for a total of $18.89 for one collection
request.  Then, the $18.89 is multiplied by the estimated number of
annual occurrences, 450, for a total of $8,500.50.

(f) Burden Statement

The annual public reporting and record keeping burden for this
collection of information is estimated to average 1 hour per response. 
Burden means the total time, effort, or financial resources expended by
persons to generate, maintain, retain, or disclose or provide
information to or for a Federal agency.  This includes the time needed
to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to comply
with any previously applicable instructions and requirements; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.   An agency may not
conduct or sponsor, and a person is not required to respond to, a
collection of information unless it displays a currently valid OMB
control number.  The OMB control numbers for EPA’s regulations are
listed in 40 CFR part 9 and 48 CFR chapter 15.

To comment on the Agency’s need for this information, the accuracy of
the provided burden estimates, and any suggested methods for minimizing
respondent burden, including the use of automated collection techniques,
EPA has established a public docket for this ICR under Docket ID No.
EPA-HQ-OARM-2008-0829, which is available for public viewing at the
Office of Environmental Information Docket in the EPA Docket Center
(EPA/DC), EPA West, Room 3334, 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 Office of Environmental Information Docket is
(202) 566-1752.  An electronic version of the public docket is available
through EPA Dockets (EDOCKET) at http://www.epa.gov/edocket.  Use
EDOCKET to submit or view public comments, access the index listing of
the contents of the public docket, and to access those documents in the
public docket that are available electronically.  Once in the system,
select “search,” then key in the docket ID number identified above. 
Also, you can send comments to the Office of Information and Regulatory
Affairs, Office of Management and Budget, 725 17th Street, NW,
Washington, DC 20503, Attention: Desk Office for EPA.  Please include
the EPA Docket ID No. EPA-HQ-OARM-2008-0829 and OMB Control Number
2030-0044 in any correspondence. 

	                                                                       
                                                     Attachment A

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