BOARD MEETING DATE: October 2, 2009
AGENDA NO. 5

PROPOSAL:

Appropriate Funds for PAMS Program, Recognize and Appropriate Funds for New Lead Monitoring Network, Reallocate Funds for NATTS Program, and Authorize Purchases

SYNOPSIS:

U.S. EPA has allocated Section 105 funding for the 18^th Year PAMS program and the new Lead Monitoring Network requirements. Section 105 revenue for the 18th Year PAMS program has been included in the FY 2009-10 Budget. This action is to:
(1) appropriate funds to the FY 2009-10 Budget for the 18th year PAMS program; (2) recognize revenue and appropriate funds for the new Lead Monitoring Network; (3) reallocate funds for the NATTS program; and (4) authorize purchases.

COMMITTEE:

Administrative, September 18, 2009, Recommended for Approval

RECOMMENDED ACTIONS:

1. Appropriate $887,100 of the total U.S. EPA Section 105 18^th year (FFY 2009-10) PAMS award of $1,239,740 from the Undesignated Fund balance to the Major Objects in the Science & Technology Advancement and Planning, Rule Development & Area Sources FY 2009-10 Budget as set forth in Attachment 1. Upon receipt of the grant final award, appropriate the remaining balance. (Expenditure appropriations exclude $216,640 in Salary and Employee Benefits which is already included in the FY 2009-10 Budget.) The revenue associated with this grant has been included in the FY 2009-10 Budget.
2. Recognize $134,542 in revenue for the U.S. EPA Section 105 Lead Monitoring Network award in the FY 2009-10 Budget.
3. Appropriate from the Undesignated Fund balance $60,000 to the Major Objects in Science & Technology Advancement's FY 2009-10 Budget as set forth in Attachment 2 for the Lead Monitoring Network. Upon receipt of the grant award, appropriate the remaining balance. (Expenditure appropriations exclude $66,542 in Salary and Employee Benefits which is already included in the FY 2009-10 Budget).
4. Reallocate $90,000 in unspent funds from the U.S. EPA Section 103 Grant for the NATTS program to the Major Objects in Science and Technology Advancement’s FY 2009-10 Budget as set forth in Attachment 3.
5. Authorize the Procurement Manager to:
   1. Issue a purchase order with Perkin Elmer Health Sciences, Inc. for an amount not to exceed $154,944 for the purchase of one (1) Inductively Coupled Plasma Mass Spectrometer as budgeted in the FY 2009-10 Budget;
   2. Issue a purchase order with Netzsch Instrument North America, LLC for an amount not to exceed $88,898 for the purchase of one (1) Thermogravimetric Analyzer as budgeted in the FY 2009-10 Budget;
   3. Issue a purchase order with Teledyne Advanced Pollution Instrumentation, Inc. for an amount not to exceed $54,956 for the purchase of eight (8) Clean Air Generators as budgeted in the FY 2009-10 Budget;
   4. Issue a purchase order with PANalytical, Inc. for an amount not to exceed $149,880 for the purchase of one (1) X-ray Diffractometer System as budgeted in the FY 2009-10 Budget;
   5. Issue a sole source purchase order with Perkin Elmer Health Sciences, Inc. for an amount not exceed $40,000 for the purchase of one (1) ICP-MS Speciation Module as budgeted in the NATTS award;
   6. Issue a purchase order with Elemental Scientific, Inc. for an amount not to exceed $22,000 for the purchase of one (1) ICP-MS Sample Introduction System as budgeted in the Lead Monitoring Network award;
   7. Issue a purchase order with Milestone, Inc. for an amount not to exceed $24,952 for the purchase of one (1) Microwave Digestion System as budgeted in the Lead Monitoring Network award;
   8. Issue a sole source purchase order with Vaisala, Inc. for extended warranty services for five upper air radar profiler systems at a total cost not to exceed $93,000 as budgeted in the 18th year PAMS award;
   9. Issue a sole source purchase order with Atmospheric Systems Corporation for extended warranty services for four upper air sodar profiling systems at a total cost not to exceed $27,000 as budgeted in the 18th year PAMS award.

 

Barry R. Wallerstein, D.Env.
Executive Officer

Background

PAMS Program
In February 1993, the U.S. EPA promulgated the PAMS regulations for areas classified as serious, severe or extreme nonattainment. These regulations require AQMD to conduct monitoring for ozone precursors with enhanced monitoring equipment at a total of seven sites. The PAMS program is also funding the meteorological upper air profilers sited at LAX and Ontario airports, the upper air site installed at Moreno Valley in Riverside County, and a new upper air site in Orange County. Since the onset of the PAMS program, U.S. EPA has annually allocated Section 105 supplemental Grant funds in support of this requirement.

NATTS Program
There are currently 188 hazardous air pollutants (HAPs), or air toxics, regulated under the Clean Air Act that are associated with a wide variety of adverse health effects, including cancer and neurological effects. The U.S. EPA Government Performance Results Act commitments specify a goal of reducing air toxics emissions by 75% from 1993 levels to significantly reduce the health risks. The National Air Toxics Trends Station (NATTS) program was developed to fulfill the need for long-term HAP monitoring data. In Calendar Year 2007, the U.S. EPA expanded the NATTS program and has awarded Section 103 funds to conduct monitoring for toxic air contaminants at two existing monitoring sites: Downtown L.A. and Rubidoux. The air toxics data serves as a continuum between past and future air toxics measurements programs such as MATES and allows for more accurate evaluation of toxic trends on a regional basis. Since this is a long-term trends monitoring program, it is anticipated that NATTS funding will be granted annually for the foreseeable future.

Lead Monitoring Network
AQMD was recently awarded U.S. EPA Section 105 funds for an expanded Lead Monitoring Network as required by new federal regulations promulgated in November 2008. Along with tightening the National Ambient Air Quality Standard for lead to 0.15 mg/m3, the U.S. EPA is also requiring enhanced near-source monitoring adjacent to facilities with the highest reported lead emissions. U.S. EPA is providing funding to state and local agencies to establish this enhanced monitoring network. Four sources in the South Coast Air Basin will require near-source monitors, including two lead-acid battery recyclers and Van Nuys Airport.

Proposal

PAMS Program
U.S. EPA estimated that the 18th year PAMS program (FFY 2010) will be funded at $1,239,740, and the funds have already been recognized in the FY 2009-10 Budget. The proposed allocation of the 18th year PAMS funds is provided in Attachment 1. The U.S. EPA concurs with staff’s proposed allocation. To insure that the AQMD is able to continue program activities prior to receiving the award, staff is recommending that a portion of the award ($887,100) be appropriated in the FY 2009-10 Budget. The balance will be appropriated upon receipt of the award.


Lead Monitoring Network
The U.S. EPA has awarded Section 105 funding in the amount of $134,542 for the establishment of a Lead Monitoring Network. The proposed allocation of the funds is provided in Attachment 2, and the U.S. EPA concurs with the staff’s proposed allocation. To insure that the AQMD is able to continue program activities prior to receiving the award, staff is recommending that a portion of the award be appropriated in the FY 2009-10 Budget. This action is to recognize $134,542 in revenue for the Lead Monitoring Network award in the FY 2009-10 Budget, and to appropriate $60,000 to the Major Objects in Science & Technology Advancement's FY 2009-10 Budget. The balance will be appropriated upon receipt of the award.

NATTS Program
The U.S. EPA has provided funding in the amount of $157,680 to continue the NATTS program for the July 1, 2009 to June 30, 2010 time period. The revenue has already been included in the FY 2009-10 Budget. There is a need to reallocate $90,000 in funds previously allocated to the purchase of an Inductively Coupled Plasma Mass Spectrometer. The proposed reallocation of the NATTS funds towards a purchase of an ICP-MS Speciation Module and to Salaries, Benefits and Indirect Costs is provided in Attachment 3. The U.S. EPA concurs with staff’s proposed reallocation.

Issue Purchase Order for one (1) Inductively Coupled Plasma Mass Spectrometer
An Inductively Coupled Plasma Mass Spectrometer (ICP-MS) is used by the AQMD Laboratory for the analysis of toxic metals as part of the NATTS program and the ambient lead (Pb) monitoring program as required by U.S. EPA. The Laboratory has been notified by the instrument manufacturer that service for its current ICP-MS may not be available after 2010. Furthermore, while the instrument represented the state-of-the-art when purchased, NATTS detection limit requirements are difficult to meet with the current ICP-MS, and a newer, more sensitive ICP-MS meets those requirements.

RFQ #Q2010-3 for the purchase of an ICP-MS was released by the Board on June 5, 2009 and was advertised in accord with the AQMD advertisement policy. Three (3) quotations were received at the close of the solicitation August 11, 2009. An evaluation panel was convened to evaluate the bids received from the respondents to the RFQ. The panel consisted of one AQMD Principal Air Quality Chemist, three AQMD Air Quality Chemists, and one Laboratory Supervisor from Los Angeles County Sanitation District. The panel makeup relative to ethnicity and gender is as follows: one African American, two Caucasian, and two Asian; three male, two female. The evaluation process was conducted according to the criteria described in the RFQ.

The panel, based on its evaluation of minimum technical specifications and cost, selected Perkin Elmer Health Sciences, Inc. as the highest-ranked bid. Therefore, staff is recommending that the Board authorize the Procurement Manager to issue a purchase order with Perkin Elmer Health Sciences, Inc. for an amount not to exceed $154,944 for the purchase of one (1) Inductively Coupled Plasma Mass Spectrometer as budgeted in the FY2009-10 Budget.

Issue Purchase Order for one (1) Thermogravimetric Analyzer
AQMD Rules 314 and 1113 will necessitate VOC content analysis of low-VOC architectural coatings. The current method utilizing GC/MS is labor intensive and time consuming. An alternative method using a Thermogravimetric Analyzer (TGA) is being investigated since it may provide a simpler and less time consuming yet equally accurate method of VOC determination. The TGA operated by the AQMD Laboratory has provided many years of service, but is not sensitive enough to meet the current need.

RFQ #Q2010-4 for the purchase of a TGA was released by the Board on June 5, 2009 and was advertised in accord with the AQMD advertisement policy. Five (5) quotations were received at the close of the solicitation August 11, 2009. An evaluation panel was convened to evaluate the bids received from the respondents to the RFQ. The panel consisted of one AQMD Principal Air Quality Chemist, one AQMD Senior Air Quality Chemist, three AQMD Air Quality Chemists, and one Senior Engineer from Boeing Research Laboratory. The panel makeup relative to ethnicity and gender is as follows: four Caucasians and two Asians; two male, four female. The evaluation process was conducted according to the criteria described in the RFQ.

The panel, based on its evaluation of minimum technical specifications and cost, selected Netzsch Instruments North America, LLC as the highest-ranked bid. Therefore, staff is recommending that the Board authorize the Procurement Manager to issue a purchase order with Netzsch Instruments North America, LLC for an amount not to exceed $88,898 for the purchase of one (1) Thermogravimetric Analyzer as budgeted in the
FY 2009-10 Budget.

Issue Purchase Order for eight (8) Clean Air Generators
Clean Air Generators are deployed throughout the AQMD Air Monitoring Network to provide clean air for automated daily and weekly zero, span and precision checks. The new U.S. EPA requirements for NCore sites include more sensitive trace-level analyzers that require cleaner air specification for these automated checks. In addition, older Clean Air Generators in the Network are in need of replacement to meet tighter specifications as more trace-level instruments are planned for deployment.

RFQ #Q2010-1 for the purchase of Clean Air Generators was released by the Board on June 5, 2009 and was advertised in accord with the AQMD advertisement policy. Two (2) quotations were received at the close of the solicitation August 11 2009. An evaluation panel was convened to evaluate the bids received from the respondents to the RFQ. The panel consisted of one AQMD Principal Air Quality Instrument Specialist, one AQMD Senior Air Quality Instrument Specialist, and a California Air Resources Board Air Resources Engineer. The panel makeup relative to ethnicity and gender is as follows: One Caucasian, one African American, and one Hispanic; three male. The evaluation process was conducted according to the criteria described in the RFQ.

The panel, based on its evaluation of minimum technical specifications and cost, selected Teledyne Advanced Pollution Instrumentation, Inc. as the highest-ranked bid. Therefore, staff is recommending that the Board authorize the Procurement Manager to issue a purchase order with Teledyne Advanced Pollution Instrumentation, Inc. for an amount not to exceed $54,956 for the purchase of eight (8) Clean Air Generators as budgeted in the FY 2009-10 Budget.

Issue Purchase Order for one (1) X-ray Diffractometer System
An X-ray Diffractometer (XRD) System is essential for the analysis of compliance samples and fallout identification in response to public complaints. The XRD System is the only instrument used for the analysis of crystalline silica, identification of crystalline phases (i.e. Cement and ambient fallout) and metallic coatings (SCAQMD Regulation XI). It is also the U.S. EPA recommended instrumentation for the confirmation of asbestos results in bulk samples (SCAQMD Rule 1403). The AQMD Laboratory currently has an XRD System that was purchased from Siemens (now Bruker) 16 years ago. Due to the age of the instrument, Bruker will not offer service of the XRD after 2009.

RFQ #Q2010-2 for the purchase of an XRD was released by the Board on June 5, 2009 and was advertised in accord with the AQMD advertisement policy. Four (4) quotations were received at the close of the solicitation August 11, 2009. An evaluation panel was convened to evaluate the bids received from the respondents to the RFQ. The panel consisted of one AQMD Senior Air Quality Chemist, one AQMD Air Quality Chemist, and one Professor of Chemical Engineering from CalPoly, Pomona. The panel makeup relative to ethnicity and gender is as follows: two Asian and one Caucasian; one male, two female. The evaluation process was conducted according to the criteria described in the RFQ.

The panel, based on its evaluation of minimum technical specifications and cost, selected PANalytical, Inc. as the highest-ranked bid. Therefore, staff is recommending that the Board authorize the Procurement Manager to issue a purchase order with PANalytical, Inc. for an amount not to exceed $149,880 for the purchase of one (1) X-ray Diffractometer as budgeted in the FY 2009-10 Budget.

Issue a Sole Source Purchase Order for one (1) ICP-MS Speciation Module under the NATTS Award
An ICP-MS Speciation Module serves as a liquid chromatographic separator prior to introduction to the ICP-MS analytical instrument. It allows for the speciation of chromium between its hexavalent and trivalent forms with a single-run on a more sensitive instrument. It also allows for valence-state speciation of other elements such as iron and arsenic which can aid in source identification. Given the proposed purchase of the Perkin Elmer ICP-MS system described above, acquisition of a Speciation Module also manufactured by Perkin Elmer, Inc. would ensure compatibility and high performance characteristics. Therefore, staff is recommending that the Board authorize the Procurement Manager to issue a sole source purchase order with Perkin Elmer, Inc. for an amount not to exceed $40,000 for the purchase of one (1) ICP-MS Speciation Module as budgeted in the NATTS award.

Issue a Purchase Order for one (1) ICP-MS Sample Introduction System under the Lead Monitoring Network Award
An ICP-MS Sample Introduction System is critical to achieving enhanced performance of an ICP-MS system. Preceding the ICP-MS system with this desolvating module enhances the instrument sensitivity by as much as ten fold. The new National Ambient Air Quality Standard (NAAQS) for Lead (Pb) was reduced ten-fold in 2008 and this change will require a more sensitive lead analysis. Enhancing the existing ICP-MS capability with this desolvating sample introduction system will also ensure fulfilling the stringent NATTS detection limit requirements for toxic metals. As per Section IV.B.2 of the AQMD Procurement Policy and Procedure, an informal bidding process can be utilized if the total cost is under $25,000. Two informal bids were received, one from Elemental Scientific, Inc., and the second from CETAC Inc. The APEX HF® Desolvating Sample Introduction System from Elemental Scientific, Inc. meets or exceeds the required specifications and costs less than the CETAC Inc. unit. Therefore, staff is recommending that the Board authorize the Procurement Manager to issue purchase order with Elemental Scientific, Inc. for an amount not to exceed $23,000.00 for the purchase of one (1) ICP-MS Sample Introduction System under the Lead Monitoring Award.

Issue a Purchase Order for one (1) Microwave Digestion System under the Lead Monitoring Network Award
Glass fiber filters used to sample ambient levels of lead are digested in a microwave oven prior to analysis by ICP-MS. A uniform and complete digestion process is an essential step in the analytical process. Because of the emerging need for very low-level determination of lead in ambient air, the microwave digestion step has become even more critical. The laboratory therefore needs a new microwave digestion oven with stringent specification for power, temperature and pressure control levels. As per Section IV.B.2 of the AQMD Procurement Policy and Procedure, an informal bidding process can be utilized if the total cost is under $25,000. Three informal bids were received from Milestone Inc, CEM Inc., and Anton-Parr GmbH. The model provided by CEM does not meet the required specifications. Of the two other models, the Milestone Ethos EZ® has the lowest cost while still meeting the needs of the laboratory. Therefore, staff is recommending that the Board authorize the Procurement Manger to issue purchase order with Milestone, Inc. for an amount not to exceed $24,952 for the purchase of one (1) Microwave Digestion System under the Lead Monitoring Award.

Issue a Sole-Source Purchase Order for Extended Warranty Services for Five Profiler Systems and Four Sodar Systems under the PAMS Program
Currently, there are five Model LAP-3000 radar wind and temperature profilers manufactured by Vaisala Inc in operation in the South Coast Air Basin. In addition, four acoustic profiling systems (Sodars) are also in operation. These instruments reduce the need for balloon-borne soundings and help fulfill upper air monitoring requirements of the PAMS program and data needs for air quality analysis, modeling and forecasting. After the initial one-year warranty period, annual extended warranty services have been purchased from the instrument manufacturers, Vaisala, Inc. and Atmospherics Systems Corp., to cover repairs and parts replacement. The extended warranties cover contact with Vaisala programmers, engineers and technicians for system analysis and operational advice; priority for response when further testing, part replacement or repairs are needed; and the cost of all replacement parts and repairs. The warranty service assures that electronics, hardware and software problems will be resolved in a timely manner, without the need to separately obtain funding for individual tests and parts. Therefore, staff is recommending that the Board authorize the Procurement Manager to issue a sole source purchase order with Vaisala, Inc. for an amount not to exceed $93,000 for extended warranty services for five upper air profiler systems as budgeted in the 18th year PAMS award. Furthermore, staff is recommending that the Board authorize the Procurement Manager to issue a sole source purchase order with Atmospheric Systems Corporation for an amount not to exceed $27,000 for extended warranty services for four upper air Sodar systems as budgeted in the 18th year PAMS award.
 

Sole Source Justifications

A sole-source award is authorized under Sections IV.B. of the Procurement Policy and Procedure when a purchase does not lend itself to substitution. Section VIII, B.2 of the Procurement Policy and Procedure identifies four major provisions under which a sole-source award may be justified.

The request for a sole- source purchase of the ICP-MS Speciation Module is made under Section VIII, Section B.2.d (6) of the Procurement Policy and Procedure. The equipment must be compatible with specialized equipment planned for purchase and use in the AQMD Laboratory. The Perkin Elmer Speciation Module is optimized for compatibility and performance with the Perkin Elmer ICP-MS instrument proposed for purchase.

The requests for sole-source purchases of the extended warranty services are made under Section VIII, B.2.c of the Procurement Policy and Procedure: The desired services are available from only the sole-source based upon the unique experience and capabilities of the proposed contractor or contractor team; (2) The project involves the use of proprietary technology; and (3) The contractor has ownership of key assets required for project performance. Vaisala, Inc. and Atmospheric Systems Inc. are the only companies capable of providing repair parts and services for the equipment they manufacture.
 

Outreach

In accordance with AQMD’s Procurement Policy and Procedure, a public notice advertising the RFQ sand inviting bids was published in the Los Angeles Times, the Orange County Register, the San Bernardino Sun, and Riverside County Press Enterprise newspapers to leverage the most cost-effective method of outreach to the entire South Coast Basin.

Additionally, potential bidders may have been notified utilizing AQMD’s own electronic listing of certified minority vendors. Notice of the RFQs have been mailed to the Black and Latino Legislative Caucuses and various minority chambers of commerce and business associations, the State of California Contracts Register website, and placed on the Internet at AQMD’s Web site (http://www.aqmd.gov where it can be viewed by making menu selections “Inside AQMD”/“Employment and Business Opportunities”/“Business Opportunities” or by going directly to http://www.aqmd.gov/rfp/index.html). Information is also available on AQMD’s bidder’s 24-hour telephone message line (909) 396-2724.

Resource Impacts

U.S. EPA Section 105 Grant funding will support the 18th year operation of the PAMS program and the implementation of the enhanced Lead Monitoring Network, including equipment, temporary services, supplies and services necessary to meet the objectives of the programs.

Reallocation of already recognized U.S. EPA Section 103 NATTS Grant funds will have no net fiscal impact.
 

Attachments (EXE, 103k)
1 – Proposed PAMS 18th Year Expenditures
2 – Proposed Lead Monitoring Network Expenditures 
3 – Proposed Reallocation of NATTS Expenditures FY 2009-10