FR 2021-01241

Summary of the Document

The Environmental Protection Agency (EPA) is seeking to renew an information collection request (ICR) concerning background checks for contractor employees, a measure affecting those who work on environmental emergencies and sensitive projects. The agency is calling for public comments by March 22, 2021, to assess the necessity and burden of this information collection. This process is in line with federal regulations to ensure that contractors adhere to government suitability standards during sensitive or emergency operations.

Significant Issues and Concerns

While the document provides an overview of the background check requirements, several issues require further clarification:

1. Cost Breakdown: The estimated annual cost for this endeavor is $208,720, but the document does not specify how these costs are distributed between the various processing, labor, or maintenance expenses. Detailed financial transparency could help the public understand the allocation of resources.

2. Selection Rationale: The choice of 1,000 respondents and 1,000 total estimated burden hours is presented without explanation. Understanding the basis for these figures would enhance transparency and justify the requested efforts and expenditures.

3. Complex Legal References: The document references various legal titles and sections that may be challenging for those unfamiliar with the federal code. Simplification or additional explanations would aid in making the information more accessible.

4. Public Comment Process: While the document mentions the acceptance of public comments, it does not detail the process of evaluating and integrating these inputs into the final ICR, leaving uncertainty about how public input will influence decision-making.

5. Vague Terminology: Terms such as 'sensitivity criteria,' 'sensitive sites,' and 'sensitive projects' are not clearly defined. Providing examples or clearer definitions would help stakeholders better understand the context and implications.

Impact on the Public

The document may not directly impact the general public but is significant for those involved in environmental contracting or policy-making. By collecting comments on this process, the EPA's actions uphold transparency and public involvement in governmental operations. However, the current vagueness might limit the effectiveness of stakeholder participation.

Impact on Specific Stakeholders

For contractors, particularly those responding to environmental incidents, adherence to these background check requirements can ensure professionalism and safety. However, these measures also imply compliance costs and administrative effort, which might be substantial depending on how the rules are implemented. Clear communication from the EPA can aid in mitigating potential negative impacts on contractors and ensure that the benefits of the background checks outweigh any burdens involved.

In conclusion, while the EPA’s efforts align with regulatory standards aimed at enhancing security and suitability, better clarity and transparency in the document could optimize its understanding and acceptance among stakeholders. Enhanced communication would benefit not only contractors but also policymakers and the public, emphasizing the importance of involving diverse perspectives in the development of regulatory measures.

The document in question relates to a proposed information collection request by the Environmental Protection Agency (EPA) for conducting background checks on contractor employees. This renewal request involves financial considerations that are specified within the document.

The document mentions that the total estimated cost of conducting these background checks is $208,720 per year. This figure represents the costs associated with meeting the requirements of the background checks set by federal guidelines. It's noteworthy that these costs do not include any annualized capital or operation & maintenance costs, suggesting that this figure likely covers labor and processing expenses necessary for executing these background checks.

The document identifies potential respondents affected by these costs as private contractors. The obligation to respond is framed as "Required to obtain a benefit" under certain federal regulations. This implies that contractors must comply with these background checks if they wish to retain or gain government contracts.

Identified Issues and Financial Implications

One significant issue identified in the document is the lack of detail explaining how the $208,720 total estimated cost is broken down. The financial references could benefit from further clarification regarding what proportion of this amount is dedicated to processing, labor, or other relevant expenses. Clear allocation descriptions would provide better insight into why this figure is set at its current level.

Another issue pertains to the estimated burden and number of respondents, specifically 1,000 respondents and 1,000 hours annually. The document fails to elucidate the rationale behind these specific numbers. Without context, it's challenging to assess whether the financial estimates accurately correspond to the actual workload and the expected number of contractors.

Moreover, the language used in legal references, which contributes to these financial obligations, may not be easily understood by the general public. This complexity can obscure the understanding of why such financial figures are necessary.

Lastly, the process of incorporating public comments into the final decision-making is mentioned but not detailed. It is important for financial planning that any amendments resulting from public comments, which might adjust the costs, are transparent and clearly communicated.

In summary, while this document outlines a specific financial figure associated with the ICR renewal, there are gaps in the transparency and rationale behind this estimation. These gaps could potentially be filled by providing a clearer breakdown of costs and an understanding of the methods used to arrive at respondent and burden estimates.