BOARD MEETING DATE: May 1, 2009
AGENDA NO. 9

PROPOSAL:

Execute Sole Source Contracts to Develop and Perform Training in Enhanced Protocols for Nuisance Odor Characterization and Resolution, and Appropriate Funds from Undesignated Fund Balance to FY 2008-09 Budget of Science & Technology Advancement

SYNOPSIS:

Each year, the AQMD receives thousands of air quality complaints from members of the public regarding nuisance odors. These odors are associated with chemical species that may have adverse impacts on health and overall quality of life. Current AQMD odor complaint identification and investigation practices are effective but resource intensive. This action is to execute sole source contracts for one year with an option for a second year with Dr. Mel Suffet through MH3 Corporation and Jane Curren to develop and train in enhanced protocols for nuisance odor characterization and resolution, in an amount not to exceed $114,500 in FY 2008-09 with an option to renew for an amount not to exceed $65,000 in FY 2009-10. This action is also to appropriate $61,000 from the Undesignated Fund Balance to the Science and Technology Advancement FY 2008-09 Budget.

COMMITTEE:

Administrative, April 10, 2009, Recommended for Approval

RECOMMENDED ACTIONS:

1. Appropriate $61,000 from the Undesignated Fund Balance to the Services and Supplies Major Object, Professional and Special Services Account, in the Science and Technology Advancement FY 2008-09 Budget, and
2. Authorize the Chairman to execute sole source contracts with
   • MH3 Corporation not to exceed $49,500 in FY 2008-09
   • Jane Curren not to exceed $65,000 in FY 2008-09 with the option to renew for $65,000 in FY 2009-10 to develop enhanced protocols for nuisance odor characterization, resolution, and perform training.
      

Barry R. Wallerstein, D.Env.
Executive Officer

Background

Each year, the AQMD receives thousands of air quality complaints from members of the public regarding nuisance odors. Typically, odor complaints comprise approximately 50% of total air quality complaints received annually. Of these, approximately 85% are eventually linked to an identifiable source.

AQMD's general odor complaint resolution implementation authority is specified under California Health & Safety Code Section 41700, and falls under AQMD Rule 402 - Nuisance, which states:

“A person shall not discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property. The provisions of this rule shall not apply to odors emanating from agricultural operations necessary for the growing of crops or the raising of fowl or animals.”

In addressing odor complaints, an AQMD inspector’s first responsibility is an assessment of the potential impact of the odor on public health. Inspectors are tasked with contacting complainants, performing area surveillance, identifying possible sources, identifying odor quality and intensity, collecting samples for laboratory analysis, serving as a liaison to public health authorities, documenting all findings, and issuing notices of violation as appropriate when a source is identified as emitting odors that affect a considerable number of persons.

Among the challenges to successful identification of an odor emission source and to odor mitigation are:

• the fleeting nature of many odors,
• variation in complainant odor sensitivity,
• variation in inspector odor sensitivity,
• complainant and facility perceptions about whether an odor constitutes a nuisance, and
• air sampling issues and analytical instrument sensitivity limitations.

These challenges illustrate that current AQMD odor complaint identification and investigation practices, while well developed and largely effective, are also resource intensive.

Staff believes that AQMD's ability to expeditiously resolve odor complaints and implement optimal mitigation actions could benefit from utilizing the temporary services of an expert consultant to review current protocols and propose enhanced assessment methodology for odor profiles.
 

Proposal

Staff seeks to contract with an independent technical expert, on a temporary consulting basis, to conduct informed evaluation of current protocols, and to propose enhanced protocols for nuisance odor characterization and resolution. Dr. Mel Suffet is a professor of Environmental Health Sciences at the UCLA School of Public Health, whose research focuses on odor science. His research areas have included development of new analytical methods and approaches to evaluate the fate of odor-causing compounds in the environment and during treatment processes. Dr. Suffet is well known in the academic community for development of "odor wheels" for systematically characterizing nuisance odors in urban areas, and also has many years of experience in odor profiling through the use of expert sensory panels. He has published approximately 50 peer-reviewed scientific papers on the determination and treatment of odors in air and water environments and founded MH3 Corporation to facilitate consulting on odor-related issues. Jane Curren is a Ph.D. candidate working under the tutelage of Professor Suffet.

Deliverables under this contract are to include:

1. Evaluation and categorization of information in the AQMD’s odor complaint data base, and profile and review of current AQMD odor complaint resolution practices and procedures;
2. Investigation into relevance and applicability of other agency odor complaint resolution practices and procedures including BAAQMD’s Regulation 7;
3. Findings of items 1 and 2, including recommendations for enhancements in odor complaint resolution practices and procedures;
4. Development of a method using odor wheels, analogous to the Ringelmann Number used in smoke characterization, to describe an odor nuisance;
5. Training inspectors in odor identification;
6. Training community members and other appropriate parties in odor identification;
7. Completing case studies to assess and improve the method as selected odor nuisance problems are investigated;
8. Issuing a final report on findings and further recommendations.

Professor Suffet will be the project lead with development of enhanced protocols for nuisance odor characterization, resolution, and training being performed primarily by Jane Curren, a graduate student enrolled at UCLA and paid directly by AQMD. Additional support services will be provided by two graduate student residents at UCLA and paid through MH3 Corporation.

It is therefore recommended that the Board authorize the Executive Officer to enter into a sole-source contract with

• MH3 Corporation not to exceed $49,500 in FY 2008-09
• Jane Curren not to exceed $65,000 in FY 2008-09 with the option to renew for $65,000 in FY 2009-10 to develop enhanced protocols for nuisance odor characterization, resolution, and perform training.
   

Jane Curren fully-burdened rate is proposed to be $32.50/hour.
 

Benefits to AQMD

1. Execution and completion of this contract will provide:
2. An independent, third-party assessment of current AQMD odor complaint resolution practices and procedures including recommendations for enhancement.
3. Demonstration of new tools for enhanced characterization of nuisance odors and enhanced odor resolution capabilities.

Training for staff and other parties.
 

Sole Source Justification

Section VIII.B.2 of the Procurement Policy and Procedures identifies four major provisions under which a sole source award may be justified. This request for sole source award is made under provision B.2.c (1): The unique experience and capabilities of the proposed contractor or contractor team. Professor Suffet, Jane Curren and the MH3 Corporation possess unique experience and capabilities needed for creation of odor profile expert sensory panels potentially useful in enhanced identification, resolution and mitigation of nuisance odors.
 

Resource Impacts

It is estimated that $114,500 in FY 2008-09 and an optional $65,000 in FY 2009-10 will be required for the contracted work effort. AQMD staff will provide in-kind chemical analytic support. In addition to the $61,000 from the Undesignated Fund Balance, Science and Technology Advancement is redirecting the funding of $53,500 which was approved for the Air Quality Public Health Consultant under the Professional and Special Services Account in the FY 2008-09 Budget for this contract. Funding for the second year of this contract in an amount not to exceed $65,000 will be requested as part of the FY 2009-10 Budget development process.