1
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
2183.02
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,
2
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.

The
information
collection
request
has
been
published
as
a
Notice
in
the
Federal
Register
on
June
10.
2005.
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
Mr.
Bradley
Cunningham
WRS
Infrastructure&
Env.
(
267)
540­
0048
Ms
Cindy
Sengo
Project
Resources,
Inc.
(
858)
505­
1000
Mr.
Bill
McGowan
Earth
Tech,
Inc.
(
805)
515­
8501
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.
3
(
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
4
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
awardee
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
5
Respondent
Cost
Estimate
Burden
Loaded
Step
Collection
Activity
Labor
Cat.
Hours
Rate
Cost
1.
Time
to
provide
sample
Employees
.25
hour
$
85.07
$
21.27
2.
Cost
of
Drug
Test
$
60.00
(
subcontract)
3.
Manage
Drug
Test
Manager
.25
hour
$
85.07
$
21.27
subcontract
&
review
results
4.
Submit
notification
Manager
.25
hour
$
85.07
$
21.27
5.
Maintain
files
Admin.
Support
.25
hour
$
85.07
$
21.26
1.0
hour
$
145.07
Step
1
of
the
information
collection
is
completed
by
an
employee
at
any
level
working
on
a
government
designated
security
sensitive
site.
Steps
2
is
based
upon
market
research
for
drug
testing
services.
This
may
be
performed
in
house
or
contracted
out
to
a
third
party.
Steps
3
and
4
of
the
collection
activity
are
performed
by
an
administrative
manager.
Administrative
support
personnel
are
responsible
for
completing
step
5.

The
cost
estimate
for
this
ICR
is
based
on
data
from
the
Agency's
Independent
Government
Cost
Estimate
(
IGCE)
developed
for
the
acquisition
of
the
new
response
contracts.
The
IGCE
used
the
actual
loaded
rates
for
the
current
response
contracts
for
the
2005
contract
year
from
all
10
EPA
regions.
These
loaded
rates
were
then
averaged
to
arrive
at
one
loaded
rate.
The
loaded
rates
reflect
the
average
hourly
rate
invoiced
to
the
Government
and
includes
all
levels
of
contractor
employees
and
the
contractors'
overhead
rate,
general
and
administrative,
and
fringe
benefit
costs.
These
loaded
rates,
therefore,
represent
the
most
realistic
cost
of
compliance
with
the
Drug
Testing
requirement
for
the
response
contracts.

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
each
of
the
outlying
years
of
2006
and
2007
to
determine
an
average
annualized
loaded
labor
rate
for
the
time
the
ICR
is
in
effect.

The
following
is
the
calculation
of
the
annualized
loaded
labor
rate:

Loaded
Rate:
2005
=
$
82.48
2006
=
($
82.48
x
3.1%)
=
$
85.04
2007
=
($
85.04
x
3.1%)
=
$
87.68
$
255.20/
3
=
$
85.07
6
(
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
5
.25
hour
$
78.67
$
19.67
2005
=
$
35.01
x
*
2.16
=
$
75.62
2006
=
($
35.01
x
3.1%)
$
36.10
x
2.16
=
$
79.98
2007
=
($
36.10
x
3.1%)
$
37.22
x
2.16
=
$
80.40
$
236.00/
3
=
$
78.67
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
step
5
level.
The
GS­
13
step
5
per
hour
salary
for
2005
is
$
35.01.
This
per
hour
wage
is
escalated
by
an
estimated
factor
of
3.1%
(
compounded)
for
2005
and
2006,
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
$
78.67,
for
the
three
years
of
the
ICR.

*
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
a
n
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
7
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
estimating
the
number
of
responses
that
the
START,
ERRS,
REAC
and
RAC
contractors
respond
to
in
a
year
that
would
be
considered
to
have
security
concerns
for
the
Agency.
Annually,
the
Agency
responds
to
roughly
300
incidences
with
an
estimated
5%
of
these
responses,
15,
that
may
be
designated
as
having
security
concerns
for
the
Agency.
The
average
number
of
response
contractor
employees
that
would
be
on
a
response
site
with
security
concerns
is
estimated
to
be
30.
This
is
based
on
the
recent
anthrax
and
ricin
response
sites
in
2002
and
2003,
respectively.

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
51
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
is
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.

The
average
number
of
response
contractor
employees
that
would
be
on
a
response
site
with
security
concerns
is
estimated
to
be
30.
The
number
of
employees,
30,
multiplied
by
the
number
of
annual
occurrences,
15,
is
then
multiplied
by
the
respondent
burden
effort
of
1
hour
for
a
total
of
450
hours
per
year
(
30
x
15
x
1).

Total
annual
respondent
cost
for
this
collection
request
is
$
65,281.50
This
is
calculated
by
multiplying
the
number
of
annual
occurrences,
450,
by
the
respondent
cost
of
one
collection,
$
145.07.

(
ii)
The
Agency
Tally
The
total
annual
Agency
burden
hours
for
this
collection
request
is
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.
8
The
total
annual
Agency
burden
cost
is
estimated
at
$
8,851.50.
This
is
calculated
by
multiplying
the
estimated
burden
hours,
.25,
by
the
estimated
hourly
rate
of
$
78.67
for
a
total
of
$
19.67
for
one
collection
request.
Then,
the
$
19.67
is
multiplied
by
the
estimated
number
of
annual
occurrences,
450,
for
a
total
of
$
8,851.50.

(
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.
OEI­
2005­
0004,
which
is
available
for
public
viewing
at
the
Office
of
Environmental
Information
Docket
in
the
EPA
Docket
Center
(
EPA/
DC),
EPA
West,
Room
B102,
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.
OEI­
2005­
0004
and
OMB
Control
Number
2030­
0044
in
any
correspondence.
