MEETING, FEBRUARY 7, 2014
A meeting of the South Coast Air Quality Management District Board will be held at 9:00 a.m., in the Auditorium at SCAQMD Headquarters, 21865 Copley Drive, Diamond Bar, California.
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CALL TO ORDER
• Pledge of Allegiance
• Opening Comments: William A. Burke, Ed.D., Chair Other Board Members Barry R. Wallerstein, D. Env., Executive Officer
• Swearing In of Reappointed Board Member Joe Buscaino Burke
Staff/Phone (909) 396- CONSENT CALENDAR (Items 1 through 19)
Note: Consent Calendar items held for discussion will be moved to Item No. 20
1. Approve Minutes of January 10, 2014 Board Meeting McDaniel/2500
2. Set Public Hearings March 7, 2014 to: Wallerstein/3131
(A) Receive Public Input on Executive Officer’s Draft Goals & Wallerstein/3131 Priority Objectives for FY 2014-15
A set of draft goals for FY 2014-15 Budget has been developed. The Executive Officer wishes to receive public and Board Member input on these goals and priority objectives as they serve as the foundation of SCAQMD’s Work Program.
(B) Amend Rule 1420.1 – Emission Standards for Lead and Chang/3186 Other Toxic Air Contaminants from Large Lead-Acid Battery Recycling Facilities
On January 10, 2014, Rule 1420.1 was amended to require owners or operators of large lead-acid battery recycling facilities to reduce arsenic emissions and other key toxic air contaminant emissions. At the Public Hearing, the Board removed the requirement that affected facilities conduct a multi-metals demonstration program to continuously monitor lead, arsenic, and other metals. The Board directed staff to work with stakeholders and return to the March 7, 2014 Public Hearing for Board action on the multi-metal CEMS demonstration program. Under Proposed Amended Rule 1420.1, the affected facilities must provide funding and participate in a multi- metals CEMS demonstration program. Clarifying language is also being proposed at this time that will require affected facilities to reimburse SCAQMD for funds spent to deploy independent third-party contractors who conduct investigations of unplanned shutdowns. (Review: Stationary Source Committee, February 21, 2014)
Budget/Fiscal Impact
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3. Issue RFP to Establish List of Pre-qualified Consultants for Third Chang/3186 Party Analysis at Lead-Acid Battery Recycling Facilities
Rule 1420.1 requires a third party independent analysis to investigate the reason for the unplanned shutdown of any emission control device at lead-acid battery recycling facilities. This action is to issue an RFP to establish a list of prequalified consultants to conduct an investigation at the facility to determine the reason for the unplanned shutdown, if the need arises. Funds for this proposal in an amount not to exceed $100,000 are available in the Planning, Rule Development and Area Sources FY 2013-14 Budget and shall be reimbursed by the facility for which the analysis is performed. (Reviewed: Stationary Source Committee, January 24, 2014; Recommended for Approval)
4. Transfer Funds Between Major Objects in FY 2013-14 Adopted Fine/2239 Budget for Enhanced Particulate Monitoring Program
The U.S. Government has allocated $2,914,985 for the FY 2013-14 Enhanced Particulate Monitoring Program. This action is to transfer funds between Major Objects in the FY 2013-14 Adopted Budget for the U.S. Government Enhanced Particulate Monitoring Program. (Reviewed: Administrative Committee, January 17, 2014; Recommended for Approval)
5. Execute Contract to Develop and Demonstrate Catenary Zero Miyasato/3249 Emission Goods Movement System
At the April 2013 Board meeting, the Board awarded a contract to Siemens Industry Inc. to develop and demonstrate a zero emission goods movement system using overhead catenary technology. The award was made contingent upon receiving up to $8,000,000 from the ports and other entities. Delays by the ports in providing the funds are putting the project funding from other entities at risk. This action is to remove the contingency and authorize executing a contract with Siemens Industry Inc. in an amount not to exceed $13,500,000. Funds of $16,117,887 have been transferred from the Clean Fuels Fund (31) and the ports’ funds will be recognized upon receipt into the Advanced Technology Goods Movement Fund (61), as approved by the Board last April. Unspent funds will be returned to the Clean Fuels Fund (31) from the Advanced Technology Goods Movement Fund (61) upon project completion. (Reviewed: Technology Committee, January 24, 2014; Recommended for Approval)
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6. Execute Contract to Develop and Test Retrofit All-Electric Transit Miyasato/3249 Bus
Complete Coach Works (CCW) is a bus remanufacturing company that has undertaken initial development efforts to produce an electric bus for transit applications. Leveraging their previous work, CCW proposes to further develop their electric bus concept by extending the driving range and reducing the total cost of ownership to increase the vehicle’s market appeal. This vehicle will be deployed in normal fleet service to evaluate its environmental benefits and lower operating costs. This action is to execute a contract with CCW in an amount not to exceed $395,000 from the Clean Fuels Fund (31). The total cost for this proposed project is expected to be $856,700. (Reviewed: Technology Committee, January 24, 2014; Recommended for Approval)
7. Execute Contract to Develop Plug-In Hybrid Electric Retrofit Miyasato/3249 System for Class 6 to 8 Work Trucks
Medium- and heavy-duty fleet vehicles represent a large emissions category within the South Coast Air Basin. Odyne Systems, LLC (Odyne) proposes to work in partnership with the SCAQMD and CEC to develop and demonstrate a lower cost plug-in hybrid electric retrofit system that would be suitable for class 6 to 8 work trucks. This system will be deployed in normal fleet service to evaluate its utility, emissions reduction and fossil fuel consumption reduction potential. This action is to execute a contract with Odyne in an amount not to exceed $389,000 from the Clean Fuels Fund (31). The total cost for this proposed project is expected to be $2,226,000. (Reviewed: Technology Committee, January 24, 2014; Recommended for Approval)
8. Execute Contract for Second Year of Research to Develop Miyasato/3249 Quantitative Assays for Air Pollutant Toxicity
In 2012, the Board approved funding for the first year of a two-year proposal submitted by University of California, Los Angeles to study the toxicity of motor vehicle emissions in Southern California. The research for the first year has been successfully conducted, and this action is to fund the second year of the study “Development of Quantitative Cellular Assays for Use in Understanding the Chemical Basis of Air Pollutant Toxicity” in an amount not to exceed $319,553 from the Clean Fuels Fund. (Reviewed: Technology Committee, January 24, 2014; Recommended for Approval)
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9. Amend Contracts for Tier 4 Passenger Locomotives and Off- Miyasato/3249 Road Construction Project
At its February 1, 2013 meeting, the Board approved a partial award to the Southern California Regional Rail Authority (SCRRA) for the replacement of 20 Tier 0 passenger locomotives to Tier 4 locomotives. SCRRA was awarded $34.66 million from the Carl Moyer Program AB 923 Fund (80), with the remaining $17.34 million requested by SCRRA to be considered by the Board in the future, contingent upon reauthorization of AB 923. The passage of AB 8 reauthorized the AB 923 funds effective January 1, 2014. This action is to amend the contract with SCRRA for the replacement 20 locomotives with the addition of $17.34 million from the Carl Moyer Program AB 923 Fund (80). In addition, this action is to amend a contract with North County Sand and Gravel, which was approved on October 4, 2013, to replace two of the four off- road vehicles with Tier 4 engines instead of repowering all four and increase the funding amount by $293,278, from the Carl Moyer Program SB 1107 Fund (32). (Reviewed: Technology Committee, January 24, 2014, Recommended for Approval)
10. Recognize Funds, Execute Contracts for Electric School Bus Miyasato/3249 Conversions and Demonstration, Amend Contract for School Bus Replacement, and Reimburse General Fund for Administrative Costs
The SCAQMD has been awarded $391,613 for diesel emissions reduction projects under the Diesel Emissions Reduction Act (DERA) from the U.S. EPA. This action is to recognize $391,613 and place it in the Lower-Emission School Bus Fund (33). These actions are also to execute contracts to convert and replace diesel school buses with electric buses and to demonstrate vehicle-to- grid technology in the amount of $936,552, comprised of $686,552 from the Lower-Emission School Bus Fund (33) and $250,000 from the Clean Fuels Fund (31). Finally, this action is to amend a contract for replacement of diesel school buses with CNG buses to partially replace the source of funds in the amount of $214,211 from the Carl Moyer Program AB 923 Fund (80) to the Lower-Emission School Bus Fund (33), and reimburse the General Fund for administrative costs of up to $21,402 from the Lower-Emission School Bus Fund (33). (Reviewed: Technology Committee, January 24, 2014; Recommended for Approval)
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11. Recognize Funds and Approve Truck Projects under “Year 4” Miyasato/3249 Proposition 1B-Goods Movement Program, and Amend Contract for Technical Assistance
On August 26, 2013, Program Announcement #PA2014-06 was issued to solicit truck replacement projects under the “Year 4” Proposition 1B-Goods Movement Program. The first phase of this two-phased solicitation closed on October 10, 2013. These actions are to recognize $81,219,537 in “Year 4” Proposition 1B-Goods Movement Program funds from CARB and to execute contracts for heavy-duty diesel truck projects in an amount not to exceed $65,542,416 from the “Year 4” project funds and any “Year 3” returned and accrued interest funds designated for truck projects from the Proposition 1B- Goods Movement Program Fund (81). This action is also to amend contracts for technical assistance in the amount of $160,000 from the administrative funds of the Proposition 1B-Goods Movement Program Fund (81). (Reviewed: Technology Committee, January 24, 2014; Recommended for Approval, with the exception of CalPortland, WC Management, Matich Corp, Robertson’s Ready Mix, and CR&R, Inc. or their affiliates who were considered separately due to a conflict. Less than a quorum was present for the remainder, the Committee Members present concurred that the balance of this item be forwarded to the Board.)
12. Establish List of Prequalified Vendors to Provide Computer, Marlia/3148 Network, and Printer Hardware and Software, and to Purchase Desktop Computer Hardware Upgrades
On November 1, 2013, the Board approved the release of a Request for Qualifications and Quotations (RFQQ) to prequalify vendors for computer, network, and printer hardware and software; and to purchase desktop computer hardware upgrades. As a result of successful responses to this RFQQ, 13 vendors were identified as capable of providing these products. This action is to approve these 13 vendors to provide these products for a two- year period, purchase 175 desktop computer hardware upgrade systems at a cost of $116,358, and appropriate $36,000 for the purchase of laptops. Funds for these purchases are included in the FY 2013-14. (Reviewed: Administrative Committee, January 17, 2014; Recommended for Approval)
13. Approve Contract Awards Approved by MSRC Winterbottom
The MSRC approved three new contracts under the Local Government Match and Alternative Fuel Infrastructure Programs as part of their FYs 2012-14 AB 2766 Discretionary Fund Work Program. At this time the MSRC seeks Board approval of the contract awards under the FYs 2012-14 Work Program. (Reviewed: Mobile Source Air Pollution Reduction Review Committee, January 16, 2014, Recommended for Approval)
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Items 14 through 19 - Information Only/Receive and File
14. Legislative & Public Affairs Report Smith/3242
This report highlights the December 2013 outreach activities of Legislative and Public Affairs, which include: Environmental Justice Update, Community Events/Public Meetings, Business Assistance, and Outreach to Business and Federal, State, and Local Government. (No Committee Review)
15. Hearing Board Report Camarena/2500
This reports the actions taken by the Hearing Board during the period of December 1 through December 31, 2013. (No Committee Review)
16. Civil Filings and Civil Penalties Report Wiese/3460
This reports the monthly penalties from December 1 through December 31, 2013, and legal actions filed by the General Counsel's Office during December 1 through December 31, 2013. An Index of District Rules is attached with the penalty report. (Reviewed: Stationary Source Committee, January 24, 2014)
17. Lead Agency Projects and Environmental Documents Received Chang/3186 by SCAQMD
This report provides, for the Board's consideration, a listing of CEQA documents received by the SCAQMD between December 1, 2013 and December 31, 2013, and those projects for which the SCAQMD is acting as lead agency pursuant to CEQA. (Reviewed: Mobile Source Committee, January 24, 2014)
18. Rule and Control Measure Forecast Chang/3186
This report highlights SCAQMD rulemaking activities and public workshops potentially scheduled for the year 2014. (No Committee Review)
19. Status Report on Major Projects for Information Management Marlia/3148 Scheduled to Start During Last Six Months of FY 2013-14
Information Management is responsible for data systems management services in support of all SCAQMD operations. This action is to provide the monthly status report on major automation contracts and projects to be initiated by Information Management during the last six months of FY 2013-14. (No Committee Review)
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20. Items Deferred from Consent Calendar
BOARD CALENDAR
21. Administrative Committee (Receive & File) Chair: Burke Wallerstein/3131
22. Legislative Committee (Receive & File) Chair: Gonzales Smith/3242
23. Mobile Source Committee (Receive & File) Chair: Parker Chang/3186
24. Stationary Source Committee (Receive & File) Chair: Yates Nazemi/2662
25. Technology Committee (Receive & File) Chair: J. Benoit Miyasato/3249
26. Mobile Source Air Pollution Reduction Board Liaison: Antonovich Hogo/3184 Review Committee (Receive & File)
27. California Air Resources Board Monthly Board Rep: Mitchell McDaniel/2500 Report (Receive & File)
28. Status Report on Regulation XIII - New Source Review Nazemi/2662
This report presents the federal preliminary determination of equivalency for January 2012 through December 2012. As such, it provides information regarding the status of Regulation XIII – New Source Review in meeting federal NSR requirements and shows that SCAQMD’s NSR program is in preliminary compliance with applicable federal requirements from January 2012 through December 2012. (Reviewed: Stationary Source Committee, January 24, 2014)
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PUBLIC HEARING
29. Approve Staff Recommendation to Proceed with Rulemaking to Chang/3186 Expedite Natural Gas Power Plant Capacities to be Permitted in SCAQMD, if Needed
As a follow-up to its presentation to the Board in October 2013, staff will discuss in more detail the recommendations that are in response to the contingency plans recommended in the Governor’s Grid Reliability Task Force Report, and seek Board direction regarding future rulemaking. The proposed action would focus on what SCAQMD can and should do in siting new natural gas power capacities in the region, when deemed necessary by the state energy agencies for grid reliability, while encouraging preferred resources to be developed as envisioned in the report. (Reviewed: Stationary Source Committee, January 24, 2014)
PUBLIC COMMENT PERIOD – (Public Comment on Non-Agenda Items, Pursuant to Government Code Section 54954.3)
BOARD MEMBER TRAVEL – (No Written Material)
Board member travel reports have been filed with the Clerk of the Boards, and copies are available upon request.
CLOSED SESSION - (No Written Material) Wiese/3460
It is necessary for the Board to recess to closed session pursuant to Government Code section 54956.9(a) and 54956.9(d)(1) to confer with its counsel regarding pending litigation which has been initiated formally and to which the District is a party. The actions are:
• California Building Industry Association v. Bay Area AQMD, 1st Appellate District Case Nos. A135335 and A136212;
• CBE, CCAT v. EPA, U.S. Court of Appeals, Ninth Circuit, Case No. 12-72353 (1315);
• Clean Air Council, California Communities Against Toxics, and Sierra Club v. EPA, et al., U.S. Court of Appeals, D.C. Circuit, Case No. 12-1460 (seeking authorization to file amicus brief);
• Communities for a Better Environment, et al. v. U.S. EPA, et al., U.S. Court of Appeals, Ninth Circuit, Case No. 13-70167 (Sentinel);
• Friends of the Fire Rings v. SCAQMD, Orange County Superior Court Case No. 30-2013-00690328-CU-WM-CXC (Nov. 26, 2013). - 10 -
• Medical Advocates for Healthy Air v. EPA, U.S. Court of Appeals, Ninth Circuit, Case No. 12-73386 (San Joaquin §185 Fees);
• NRDC, CBE v. U.S. EPA, U.S. Court of Appeals, Ninth Circuit, Case No. 13-70544 (Rule 317);
• People of the State of California, ex rel South Coast AQMD v. Exide Technologies, Inc., Los Angeles Superior Court Case No. BC533528;
• Petition for Declaratory Order by U.S. Environmental Protection Agency, Surface Transportation Board Docket No. FD 35803 (Railroad Rules);
• Physicians for Social Responsibility, et al. v. U.S. EPA, U.S. Court of Appeals, Ninth Circuit, Case No. 12-70016 (Monitoring);
• Physicians for Social Responsibility, et al. v. U.S. EPA, U.S. Court of Appeals, Ninth Circuit, Case No. 12-70079 (PM2.5);
• SCAQMD v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BS143381 (SCIG);
• SCAQMD v. U.S. EPA, U.S. Court of Appeals Ninth Circuit No. 13-73936 (Morongo Redesignation);
• Utility Air Regulatory Group v. EPA, U.S. Supreme Court Case No. 12-1146 (consolidated with 12-1272, 12-1248, 12-1254, 12-1268, and 12-1269; EPA GHG permitting rules; amicus)
It is also necessary for the Board to recess to closed session under Government Code sections 54956.9(a) and 54956.9(d)(4) to consider initiation of litigation (three cases).
In addition, It is also necessary for the Board to recess to closed session due to significant exposure to litigation pursuant to subdivision (b) of section 54956.9 (one case).
ADJOURNMENT
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***PUBLIC COMMENTS***
Members of the public are afforded an opportunity to speak on any listed item before or during consideration of that item. Please notify the Clerk of the Board, (909) 396-2500, if you wish to do so. All agendas are posted at SCAQMD Headquarters, 21865 Copley Drive, Diamond Bar, California, at least 72 hours in advance of the meeting. At the end of the agenda, an opportunity is also provided for the public to speak on any subject within the SCAQMD's authority. Speakers may be limited to three (3) minutes each.
Note that on items listed on the Consent Calendar and the balance of the agenda any motion, including action, can be taken (consideration is not limited to listed recommended actions). Additional matters can be added and action taken by two-thirds vote, or in the case of an emergency, by a majority vote. Matters raised under Public Comments may not be acted upon at that meeting other than as provided above.
Written comments will be accepted by the Board and made part of the record, provided 25 copies are presented to the Clerk of the Board. Electronic submittals to [email protected] of 10 pages or less including attachment, in MS WORD, plain or HTML format will also be accepted by the Board and made part of the record if received no later than 5:00 p.m., on the Tuesday prior to the Board meeting.
ACRONYMS
AQIP = Air Quality Investment Program NESHAPS = National Emission Standards for AVR = Average Vehicle Ridership Hazardous Air Pollutants BACT = Best Available Control Technology NGV = Natural Gas Vehicle
Cal/EPA = California Environmental Protection Agency NOx = Oxides of Nitrogen CARB = California Air Resources Board NSPS = New Source Performance Standards CEMS = Continuous Emissions Monitoring Systems NSR = New Source Review CEC = California Energy Commission PAMS = Photochemical Assessment Monitoring CEQA = California Environmental Quality Act Stations CE-CERT =College of Engineering-Center for Environmental PAR = Proposed Amended Rule Research and Technology PHEV = Plug-In Hybrid Electric Vehicle
CNG = Compressed Natural Gas PM10 = Particulate Matter ≤ 10 microns
CO = Carbon Monoxide PM2.5 = Particulate Matter < 2.5 microns CTG = Control Techniques Guideline PR = Proposed Rule DOE = U.S. Department of Energy RFP = Request for Proposals EV = Electric Vehicle RFQ = Request for Quotations ERCs = Emission Reduction Credits SCAG = Southern California Association of Governments FY = Fiscal Year SIP = State Implementation Plan
GHG = Greenhouse Gas SOx = Oxides of Sulfur
HRA = Health Risk Assessment SOON = Surplus Off-Road Opt-In for NOx IAIC = Interagency AQMP Implementation Committee SULEV = Super Ultra Low Emission Vehicle LEV = Low Emission Vehicle TCM = Transportation Control Measure LNG = Liquefied Natural Gas ULEV = Ultra Low Emission Vehicle MATES = Multiple Air Toxics Exposure Study U.S. EPA = United States Environmental Protection MOU = Memorandum of Understanding Agency MSERCs = Mobile Source Emission Reduction Credits VMT = Vehicle Miles Traveled MSRC = Mobile Source (Air Pollution Reduction) Review VOC = Volatile Organic Compound Committee ZEV = Zero Emission Vehicle NATTS =National Air Toxics Trends Station
BOARD MEETING DATE: February 7, 2014 AGENDA NO. 1
MINUTES: Governing Board Monthly Meeting
SYNOPSIS: Attached are the Minutes of the January 10, 2014 meeting.
RECOMMENDED ACTION: Approve Minutes of the January 10, 2014 Board Meeting.
Saundra McDaniel, Clerk of the Boards SM:dg
FRIDAY, JANUARY 10, 2014
Notice having been duly given, the regular meeting of the South Coast Air Quality Management District Board was held at District Headquarters, 21865 Copley Drive, Diamond Bar, California. Members present:
William A. Burke, Ed.D., Chairman Speaker of the Assembly Appointee
Mayor Dennis R. Yates, Vice Chairman (left at 10:05 a.m.)
Cities of San Bernardino County
Supervisor Michael D. Antonovich (left at 11:25 a.m.) County of Los Angeles
Councilmember Ben Benoit Cities of Riverside County
Supervisor John J. Benoit County of Riverside
Councilmember Joe Buscaino (arrived at 10:05 a.m.) City of Los Angeles
Councilmember Michael A. Cacciotti Cities of Los Angeles County – Eastern Region
Supervisor Josie Gonzales County of San Bernardino
Dr. Joseph K. Lyou Governor’s Appointee
Mayor Judith Mitchell Cities of Los Angeles County – Western Region
Dr. Clark E. Parker, Sr. Senate Rules Committee Appointee
Mayor Miguel A. Pulido Cities of Orange County
Member absent:
Supervisor Shawn Nelson County of Orange
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CALL TO ORDER: Chairman Burke called the meeting to order at 9:05 a.m.
Pledge of Allegiance: Led by Dr. Lyou.
Opening Comments
Councilman Cacciotti. Explained that he attended the Leaf Blower Exchange for professional gardeners/landscapers at Glendale Community College on December 20. He displayed photos taken throughout the trade-in process and commended staff for their efforts in coordinating a successful event. He added that while the new blowers offer increased power, lower emissions and greater fuel efficiency, they are still gasoline-powered and can be costly to maintain, so he hopes to see electric leaf blowers at future events.
Presentation of Retirement Awards to Roberto G. Castro and Lillie Pitts
Chairman Burke presented a retirement award to Lillie Pitts, Senior Office Assistant, in recognition of 36 years of dedicated District service; and to Roberto G. Castro, Senior Air Quality Engineer, in recognition of 25 years of dedicated District service.
CONSENT CALENDAR
1. Approve Minutes of December 6, 2013 Board Meeting and Minutes of December 16, 2013 Special Board Meeting
An errata sheet containing an amendment to page 2 of the December 6, 2013 Minutes was provided to the Board Members and copies made available to the public.
Budget/Fiscal Impact
2. Issue Purchase Order for Three Jerome 631-X Hydrogen Sulfide Analyzer Systems
3. Amend Existing Contracts for Legislative Representation in Washington, D.C.
4. Execute Contract to Provide Technical Support for SCAQMD PAMS Upper Air Meteorological Monitoring Network
5. Approve Contract Awards and Modification Approved by MSRC
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Action Item/No Fiscal Impact
6. Establish Board Meeting Date for October 2014
Items 7 through 13 - Information Only/Receive and File
7. Legislative & Public Affairs Report
8. Hearing Board Report
9. Civil Filings and Civil Penalties Report
10. Lead Agency Projects and Environmental Documents Received by SCAQMD
11. Rule and Control Measure Forecast
12. Rule 1111 Technology Assessment for Residential Furnaces
13. Report on Major Projects for Information Management Scheduled to Start During Last Six Months of FY 2013-14
Supervisor Antonovich announced his abstention on Item No. 3 because of a campaign contribution to his office-holder account by the Carmen Group.
Agenda Item Nos. 7 and 11 were withheld for comment.
MOVED BY CACCIOTTI, SECONDED BY LYOU, AGENDA ITEMS 1 THROUGH 6, 8 THROUGH 10, 12 AND 13 APPROVED AS RECOMMENDED, ADOPTING RESOLUTION NO. 14-1, SETTING THE TIME AND PLACE OF THE OCTOBER 2014 MEETING, WITH THE MODIFICATION TO ITEM NO. 1 AS STATED ON THE ERRATA SHEET AND NOTED BELOW, BY THE FOLLOWING VOTE:
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AYES: Antonovich (except Item #3), B. Benoit, J. Benoit, Burke, Cacciotti, Gonzales, Lyou, Mitchell, Parker, Pulido and Yates.
NOES: None.
ABSTAIN: Antonovich (Item #3 only).
ABSENT: Buscaino and Nelson.
Revise Agenda Item 1 as follows, add the bold, underlined text to the paragraph under Opening Comments on page 2 of the December 6, 2013 Minutes:
Opening Comments
Mayor Pro Tem Mitchell. Announced that CARB plans to begin working on the freight plan within the confines of the AB 32 Scoping Plan and moving forward with Caltrans on the freight plan. She noted that the MOU that was previously under discussion will not be signed, as CARB moves forward with this alternative approach for freight and the railroads.
14. Items Deferred from Consent Calendar
7. Legislative & Public Affairs Report
11. Rule and Control Measure Forecast
The following individual addressed the Board on Agenda Item Nos. 7 and 11.
Dr. Tom Williams, Sierra Club, Fracking and Oil and Gas Committee Co-Chair, noted the need for more public meetings in regards to Rules 1148.1 and 1148.2 in those areas where oil and gas production is taking place, and expressed disappointment that information regarding investigations is not being freely shared.
Dr. Wallerstein noted that inspectors have been performing investigations as a result of complaints to various sites, and that a public records request is required to obtain associated information. He added that staff has held two town hall meetings immediately adjacent to the Allenco site and will return for additional community engagement should the facility decide to reopen.
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MOVED BY MITCHELL, SECONDED BY PULIDO, AGENDA ITEMS 7 AND 11 APPROVED, BY THE FOLLOWING VOTE:
AYES: B. Benoit, J. Benoit, Burke, Cacciotti, Gonzales, Lyou, Mitchell, Parker, Pulido and Yates.
NOES: None.
ABSENT: Antonovich, Buscaino and Nelson.
BOARD CALENDAR
15. Administrative Committee
16A. Legislative Committee
16B. Legislative Committee
17. Mobile Source Air Pollution Reduction Review Committee
18. California Air Resources Board Monthly Report
Agenda Item Nos. 16A and 16B were withheld for comment.
MOVED BY CACCIOTTI, SECONDED BY MITCHELL, AGENDA ITEMS 15, 17 AND 18 APPROVED AS RECOMMENDED, RECEIVING AND FILING THE ADMINISTRATIVE COMMITTEE, MSRC, AND CARB REPORTS, BY THE FOLLOWING VOTE:
AYES: B. Benoit, J. Benoit, Burke, Cacciotti, Gonzales, Lyou, Mitchell, Parker, Pulido and Yates.
NOES: None.
ABSENT: Antonovich, Buscaino and Nelson.
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16A. Legislative Committee
Dr. Tom Williams addressed the Board on Agenda Item No. 16A, urging the Board to oppose AB 1330 unless amended, rather than support if amended, to protect those communities immediately adjacent to oil and gas wells.
MOVED BY CACCIOTTI, SECONDED BY MITCHELL, AGENDA ITEM 16A APPROVED AS RECOMMENDED, RECEIVING AND FILING THE LEGISLATIVE COMMITTEE REPORT AND ADOPTING THE POSITIONS ON LEGISLATION AS SET FORTH BELOW, BY THE FOLLOWING VOTE:
AYES: B. Benoit, J. Benoit, Burke, Cacciotti, Gonzales, Lyou, Parker, Pulido, Mitchell and Yates.
NOES: None.
ABSENT: Antonovich, Buscaino and Nelson.
Agenda Item Recommended Action
2014 Federal and Approved State Legislative Goals And Objectives
AB 1330 (John Perez) Support if Amended to replace Environmental justice current provisions with part or all of the policy guidelines included within the SCAQMD bill analysis. The Executive Officer is to enter into the legislative process on this bill and to coordinate with the Chair of the Legislative Committee and with the Chair of the Board.
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16B. Legislative Committee
The following individuals addressed the Board on Agenda Item No. 16B.
Barbara Peters, Newport Beach Resident, urged the Board to oppose AB 1102 in the interest of the protection of public health.
Frank Peters, Newport Beach Resident, noted that the city council of Newport Beach voted unanimously to support working with the AQMD on a test installation of the alternatively-fueled fire pits and urged the Board to oppose AB 1102.
MOVED BY CACCIOTTI, SECONDED BY PULIDO, AGENDA ITEM 16B APPROVED AS RECOMMENDED, RECEIVING AND FILING THE LEGISLATIVE COMMITTEE REPORT AND ADOPTING THE POSITION ON LEGISLATION AS SET FORTH BELOW, BY THE FOLLOWING VOTE:
AYES: B. Benoit, Burke, Cacciotti, Gonzales, Lyou, Parker, Pulido, Mitchell and Yates.
NOES: J. Benoit.
ABSENT: Antonovich, Buscaino, and Nelson.
Agenda Item Recommended Action
AB 1102 (Allen and Oppose Quirk-Silva) South Coast Air Quality Management District: beach burning
Supervisor Benoit suggested that the Board consider Item 20, before proceeding with Items 19A and B, which will include voluminous public comment. -○-
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OTHER BUSINESS
20. Adopt Moratorium on Transfer of NOx Emission Reduction Credits into Rule 2202 – On-Road Motor Vehicle Mitigation Options Program
Dr. Elaine Chang, DEO/Planning and Rules, gave the staff presentation.
The following individual addressed the Board on Agenda Item No. 20.
Devon Deming, Association for Commuter Transportation, Southern California, noted their support for the current action; and suggested that Rule 2202 contain a mechanism for selling or trading emission credits within the program to give companies an incentive to exceed the minimum requirements of the rule and have the ability to gain from having excess credits.
Dr. Chang replied that currently, companies can trade credits among themselves; and staff will further investigate whether companies can trade their excess vehicle ridership and provide Ms. Deming with that information.
Mayor Pulido requested that “ERC” (emission reduction credit) be added to the acronym list provided with meeting agendas.
MOVED BY PULIDO, SECONDED BY CACCIOTTI, AGENDA ITEM 20 APPROVED AS RECOMMENDED, BY THE FOLLOWING VOTE:
AYES: Antonovich, B. Benoit, J. Benoit, Burke, Cacciotti, Gonzales, Lyou, Parker, Pulido, Mitchell and Yates.
NOES: None.
ABSENT: Buscaino and Nelson.
CLOSED SESSION
The Board recessed to closed session at 9:40 a.m., pursuant to Government Code sections 54956.9(a) and 54956.9(d)(1) to confer with its counsel regarding pending litigation which has been initiated formally and to which the District is a party, as follows:
• Abayan, et al. v. SCAQMD, Los Angeles Superior Court Case No. BC499729;
• Flashberg, et al. v. Dublin, et al., Los Angeles Superior Court Case No. BC463159; and
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• SCAQMD v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BS143381.
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Following Closed Session, the Board reconvened in open session at 10:05 a.m. There were no reportable actions taken in closed session.
(Mayor Yates left during/following closed session; and Councilman Buscaino arrived during/following closed session)
PUBLIC HEARINGS
Chairman Burke noted that Items 19A and B would be considered concurrently.
19A. Present Feasibility Studies of Lowering Lead Point Source Emissions Limit in Rule 1420.1 - Emissions Standard for Lead from Large Lead-Acid Battery Recycling Facilities (Continued from December 6, 2013 Board Meeting)
19B. Amend Rule 1420.1 - Emission Standards for Lead and Other Toxic Air Contaminants from Large Lead-Acid Battery Recycling Facilities (Continued from December 6, 2013 Board Meeting)
Susan Nakamura, Director of Strategic Initiatives, gave the staff presentation.
The public hearing was opened and the following individuals addressed the Board on Agenda Items 19A and 19B.
*TALIA LEON, Representing Congresswoman Lucille Roybal-Allard *FRINE MEDRANO, Office of Senator Kevin De Leon MARTHA MOLINA AVILES, Representing Supervisor Gloria Molina MARTIN SCHLAGETER, Representing LA City Councilman Jose Huizar MIGUEL MARTINEZ, Representing Assembly Speaker Jon Perez JOAQUIN CASTANEDA, Representing Senator Ricardo Lara Expressed support for stringent emission standards for lead and other toxic air contaminants from large lead-acid battery recycling facilities which directly affects the health of thousands of their constituents; and stressed that the facilities be shut down if they cannot immediately comply with the new regulations. *(Submitted Written Comments)
RICARDO VILLARREAL, Maywood Councilmember Noted that as a businessman himself, he would not be able to continue to operate if he did not comply with the rules of various governmental agencies, and likewise Exide should be shut down if they continue to allow lead and arsenic to be released into the community. -10-
YANA GARCIA, Communities for a Better Environment (CBE) Expressed support for the rule amendments and the proposal to further strengthen emission limits in the near future. She noted that even Quemetco is now failing to comply with health protective standards; and requested consistent monitoring in the affected communities, with the installation and maintenance of the monitors being paid for by the facilities and maintained by a neutral third- party, and that the resulting monitoring data be made readily available to the public. (Submitted Written Comments)
ANGELO BELLOMO, LA County Department of Public Health Expressed support for the proposed rule amendments that will allow the District to take more effective and timely action in instances of noncompliance. He added that the Department of Public Health has been working with DTSC to secure funding to make blood-lead screening tests available to the affected communities.
AIDE CASTRO, Lynwood Mayor CHRIS GARCIA, Cudahy Vice Mayor ROSA PEREZ, Huntington Park Vice Mayor VIOLETA ALVAREZ, City of Bell Mayor Urged the Board to advocate for the citizens of the communities being harmed by Exide; and noted their support for a strict and fast implementation of decreased allowable lead and toxic emissions levels.
MARCELO HERNANDEZ, Padres Unidos De Maywood IRENE HINOJOS, Bell Mobile Home Park TERESA HERNANDEZ, Padres Unidos De Maywood MARILYN KAMIMURA, Clean Air Coalition of North Whittier and Avocado Heights FRANK VILLALOBOS BARBARA MARTINEZ, Maywood Resident EDGAR GORDILLO, Huntington Park Resident RICARDO GASTELUM, Huntington Park Resident GABRIEL GUERRERO, Southeast Los Angeles Resident TERRY CANO, Boyle Heights Resident ADAM ALEXANDER OCHOA, CBE LUIS ORIZABA, Maywood Resident ROBERT TAYLOR, Maywood Resident LUIS CARLOS AGUDELO, Maywood Business Owner SALVADOR RUIZ, Commerce Resident TERESA MARQUEZ, Boyle Heights Resident RAFAEL CASTRO, Maywood Resident FELIPE AGUIRRE, Maywood Resident RITA BIBRAN, Maywood Resident Shared their personal experiences with the specific adverse health impacts of harmful emissions within their families and what they have witnessed -11-
in their communities. They expressed support for stringent rules to protect heavily impacted communities from deadly pollution from the battery recycling plants.
(Supervisor Antonovich left at 11:25 a.m.)
MONSIGNOR JOHN MORETTA, Pastor at Resurrection Church Asked the Board to consider the overwhelmingly united voices of the greater southeast Los Angeles area and force the closure of Exide to protect local residents and its employees.
BUD DESART, Exide Explained that Exide has recently taken aggressive actions to reduce emissions and will continue to do so, but they have concerns about the following items related to the proposed amendments: 1) that the rule improperly requires constant negative pressure on the blast and reverb furnaces which will lead to a shortened life span of the furnace brick and will likely increase NOx emissions; 2) the proposed 1,3-butadiene and benzene mass emission limits are based on flawed technology as evidenced by recent high emission levels at Quemetco, which indicates more time is needed to analyze the organic mass emission limits; and 3) if amendments to further lower the mass emission rate for lead are imposed, Exide has demonstrated that lowering the rate is not technically, physically or economically feasible.
JUAN FELIX, United Steel Workers SANTIAGO ROSAS, Exide Employee SHIG NOGUCHI, United Steel Workers WILSON DURANT, Exide Chemical Engineer Noted that there are no known cases of cancer among the workers of Exide; explained that Exide has made many improvements to its operation with the goal of protecting the health and safety of both workers and the community; and stressed that closing Exide would result in a large economic impact from the loss of jobs, as well as an environmental impact because they provide an essential service by recycling a hazardous product.
MARIE FRENND, Exide employee Explained that she has worked at Exide for over 55 years and has not witnessed any employee illnesses related to arsenic or lead exposure; and noted Exide’s efforts in being a good neighbor by providing financial and volunteer assistance to many community groups.
RANDAL BROWN, Advanced Constructors Corp. ANTHONY RINCON, Applied Industrial Technologies Noted that as vendors who work closely with Exide, they have witnessed the facility make many improvements by installing new equipment, focusing on worker safety and providing assistance within the community.
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DELORES MEJIA, Eastside Coalition Against Exide Stressed that agencies such as AQMD and DTSC should be focused on protecting the people and not the polluters such as Exide; and expressed disappointment with the facilities used for a recent hearing for the District’s Order for Abatement case against Exide held at Cal State LA.
JOE GONZALEZ, NALC Questioned how Exide could continue to operate after repeated violations over a number of years and why they have chosen to spend millions of dollars fighting compliance instead of installing better containment systems or possibly moving the facility to a less populated area.
*DUNCAN MCKEE *DAVID PETTIT, National Resources Defense Council Expressed support of the rule amendment and additional lead emission reductions going forward. *(Submitted Written Comments)
ANGELES ZAVALA, CBE Noted the difficulty with having a group of people trying to maintain their jobs and then another side which is trying to maintain their overall health, which is particularly evident in these communities that are overburdened with pollution; and expressed hope that with technology and cooperation by industry there will be a future that includes safer jobs and a better environment that everyone can benefit from.
There being no further public testimony on this item, the public hearing was closed.
Written Comments Submitted by: Don Knabe, et al, County of Los Angeles Board of Supervisors Howard Berman, on behalf of Quemetco
Mayor Mitchell acknowledged that public health is a top concern and she noted that the proposed blood-lead testing in the community will further arm residents with information, as well as assist in understanding future emission reduction needs. She asked staff to provide a status report in less than six months regarding the status of the two recycling plants, in order to continue to assess the need for more stringent lead emissions standards.
Dr. Lyou noted that blood-lead testing does have its limitations in that only fairly recent exposure will give indications of a positive result; and suggested utilizing a public health specialist to provide more information about the testing.
Supervisor Benoit thanked staff for working through this complex issue and providing reasonable solutions to the challenges associated with the rulemaking. He noted that since control technology is available, it should be in place to protect the community to the maximum extent possible.
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Supervisor Gonzales expressed gratitude for those that came forward to share their concerns; and noted that the Board is charged with balancing the health of communities-at-large while maintaining much-needed employment amongst the many sectors that operate throughout the Basin, and they will continue to work towards effectively achieving that balance.
Chairman Burke thanked staff for their efforts and also extended thanks to all of the stakeholders that have expressed their views on the proposed amendments.
MOVED BY PULIDO, SECONDED BY CACCIOTTI, AGENDA ITEM NOS. 19A AND 19B APPROVED AS RECOMMENDED BY STAFF, ADOPTING RESOLUTION NO. 14-2 CERTIFYING THE FINAL ENVIRONMENTAL ASSESSMENT AND AMENDING RULE 1420.1, WITH THE MODIFICATIONS TO THE PROPOSED RULE AND THE RESOLUTION AS STATED ON THE ERRATA SHEET AND NOTED BELOW, BY THE FOLLOWING VOTE:
AYES: B. Benoit, J. Benoit, Burke, Buscaino, Cacciotti, Gonzales, Lyou, Mitchell, Parker and Pulido.
NOES: None.
ABSENT: Antonovich, Nelson and Yates.
Modify Proposed Amended Rule 1420.1 paragraph (f)(3) by adding the bold italic single underlined language as follows:
(3) No later than 90 days [Date of Adoption], the owner or operator of a large lead-acid battery recycling facility shall, for each smelting furnace, install, calibrate, operate and maintain a monitoring device that has been approved by the Executive Officer pursuant to paragraph (f)(4). The monitoring device shall measure and record the static differential pressure, in inches of water column averaged over 3015 minutes, which must be maintained at a value of -0.02 or more negative. A reverberatory furnace may be operated at an alternative static differential furnace pressure if the owner or operator can demonstrate that it can achieve emission reductions that are equivalent to or better than those achieved when operating at a pressure of -0.02 or more negative. Demonstration shall be based on source test protocols and source tests conducted pursuant to the requirements of subdivision (k) and approved by the Executive Officer. The alternative static differential furnace pressure shall not exceed 0.4 inches water column and must be approved by the Executive Officer in the Continuous Furnace Pressure Monitoring Plan of paragraph (f)(4). For the purposes of this requirement, the owner or operator shall ensure that the monitoring device: -14-
Modify Proposed Amended Rule 1420.1 Appendix 3 by adding the bold italic single underlined language as follows:
Appendix 3 – Continuous Furnace Pressure Monitoring (CFPM) Plan The CFPM Plan shall, at a minimum, contain the following information: 1. A description of the type and design of the differential pressure monitoring device(s). 2. The specifications of the resolution, increment of measurement, and range of the differential pressure monitoring device(s). 3. A drawing and description of the exact location where each differential pressure monitoring device is to be located. 4. If differential pressure monitoring device(s) are already installed, all available recorded data of the static differential furnace pressure(s) as requested by the Executive Officer. 5. If applicable, the maximum alternative static differential furnace pressure in inches water column that the owner or operator will operate the reverberatory furnace at, and a demonstration that it can achieve emission reductions that are equivalent to or better than those achieved when operating at a pressure of -0.02 or more negative. The alternative static differential furnace pressure shall not exceed 0.4 inches water column.
Modify the Resolution by adding the bold italic single underlined language and deleting the bold italic single strikeout language as follows:
BE IT FURTHER RESOLVED, that the SCAQMD Governing Board does hereby adopt, pursuant to the authority granted by law, PAR 1420.1 as set forth in Attachment F. with the exception of paragraphs (d)(8) and (d)(9); and
BE IT FURTHER RESOLVED, that the Governing Board will close the public hearing and that amendments to Rule 1420.1 paragraphs (d)(8) and (d)(9) will be noticed for the March 7, 2014 public hearing; and
BE IT FURTHER RESOLVED, that prior to the March 7, 2014 Governing Board meeting the SCAQMD staff will work with the equipment provider of a multi-metals CEMS, large lead-acid battery recycling facilities, and environmental and community representatives regarding the implementation of a multi-metals CEMS demonstration program; and
BE IT FURTHER RESOLVED, the SCAQMD staff will propose a further amendment to Rule 1420.1 at the Board’s regularly scheduled meeting on March 7. 2014, at which time the Board will consider the adoption of a proposed amendment to paragraphs (d)(8) and (d)(9) to implement a multi-metals CEMS demonstration program.
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PUBLIC COMMENT PERIOD – (Public Comment on Non-Agenda Items, Pursuant to Government Code Section 54954.3)
There was no public comment on non-agenda items.
ADJOURNMENT
There being no further business, the meeting was adjourned by Chairman Burke at 12:20 p.m. in memory of Jon Mikels, former San Bernardino County Supervisor and SCAQMD Board Member.
The foregoing is a true statement of the proceedings held by the South Coast Air Quality Management District Board on January 10, 2014.
Respectfully Submitted,
Denise Garzaro Senior Deputy Clerk
Date Minutes Approved: ______
______Dr. William A. Burke, Chairman ______
ACRONYMS
CARB = California Air Resources Board DTSC = Department of Toxic Substances Control ERC = Emission Reduction Credit FY = Fiscal Year MSRC = Mobile Source (Air Pollution Reduction) Review Committee MOU = Memorandum of Understanding NOx = Oxides of Nitrogen PAMS = Photochemical Assessment Monitoring Stations PAR = Proposed Amended Rule
BOARD MEETING DATE: February 7, 2014 AGENDA NO. 2
PROPOSAL: Set Public Hearings March 7, 2014 to:
(A) Receive Public Input on Executive Officer’s Draft Goals & Priority Objectives for FY 2014-15. A set of draft goals for the FY 2014-15 Budget has been developed. The Executive Officer wishes to receive public and Board Member input on these goals and priority objectives as they serve as the foundation of SCAQMD’s Work Program.
(B) Amend Rule 1420.1 – Emission Standards for Lead and Other Toxic Air Contaminants from Large Lead-Acid Battery Recycling Facilities. On January 10, 2014, Rule 1420.1 was amended to require owners or operators of large lead-acid battery recycling facilities to reduce arsenic emissions and other key toxic air contaminant emissions. At the Public Hearing, the Board removed the requirement that affected facilities conduct a multi-metals demonstration program to continuously monitor lead, arsenic, and other metals. The Board directed staff to work with stakeholders and return to the March 7, 2014 Public Hearing for Board action on the multi-metal CEMS demonstration program. Under Proposed Amended Rule 1420.1, the affected facilities must provide funding and participate in a multi-metals CEMS demonstration program. Clarifying language is also being proposed at this time that will require affected facilities to reimburse SCAQMD for funds spent to deploy independent third-party contractors who conduct investigations of unplanned shutdowns. (Review: Stationary Source Committee, February 21, 2014)
The complete text of the proposed amendments, staff reports and other supporting documents will be available from the District’s Public Information Center, (909) 396-2550 and on the Internet (www.aqmd.gov) on February 5, 2014.
RECOMMENDED ACTION: Set Public Hearings March 7, 2013 to receive public input on the Executive Officer’s Draft Goals & Priority Objectives for FY 2014-15, and amend Rule 1420.1.
Barry R. Wallerstein, D.Env. Executive Officer sm
BOARD MEETING DATE: February 7, 2014 AGENDA NO. 3
PROPOSAL: Issue RFP to Establish List of Pre-qualified Consultants for Third Party Analysis at Lead-Acid Battery Recycling Facilities
SYNOPSIS: Rule 1420.1 requires a third party independent analysis to investigate the reason for the unplanned shutdown of any emission control device at lead-acid battery recycling facilities. This action is to issue an RFP to establish a list of prequalified consultants to conduct an investigation at the facility to determine the reason for the unplanned shutdown, if the need arises. Funds for this proposal in an amount not to exceed $100,000 are available in the Planning, Rule Development and Area Sources FY 2013-14 Budget and shall be reimbursed by the facility for which the analysis is performed.
COMMITTEE: Stationary Source, January 24, 2014; Recommended for Approval
RECOMMENDED ACTION: Authorize the issuance of RFP 2014-13 to identify qualified contractors to conduct an investigation of the reasons for the unplanned shutdown for facilities subject to Rule 1420.1
Barry R. Wallerstein, D.Env. Executive Officer EC:SN:EE:BG ______
Background The purpose of this Request for Proposals (RFP) is to solicit qualified firms or sole practitioners to conduct investigations when there is an unplanned shutdown of an emissions control device that occurs at a large lead-acid battery recycling facility. Upon being notified by the Executive Officer, the Contractor will conduct an investigation of the reason(s) for an unplanned shutdown of an emissions control device (unplanned shutdown) at a large lead-acid battery recycling facility subject to Rule 1420.1 - Emission Standards for Lead and Other Toxic Air Contaminants from Large Lead-acid Battery Recycling Facilities. An investigation of this type, as defined under subparagraph (n)(2)(B) is necessary only in situations where the owner or operator of a facility subject to Rule 1420.1 does not know the reason for the breakdown or unexpected shutdown of an emissions control device and cannot determine the reason within five (5) business days of the event. Contractor responsibilities include but are not limited to physical inspection of the control equipment and surrounding portions of the facility, which may provide information to understand the reason(s) for the unplanned shutdown: and review of equipment maintenance and operation records, logs, and other documentation which may provide information to understand the reason(s) for the unplanned shutdown. The Contractor is also responsible for inspection of all equipment repaired or replaced in response to the unplanned shutdown, to ensure affected control equipment can operate properly. Within 30 calendar days after the facility owner or operator notifies the Executive Officer of an unplanned shutdown of emissions control equipment, the Contractor will submit a written report summarizing the findings of the investigation to the SCAQMD Executive Officer, and the Director of the California Department of Toxic Substances Control.
The written report must include the following information: 1. Date of the unplanned shutdown of emission control equipment; 2. Reason for the unplanned shutdown of emission control equipment; 3. List of all equipment repaired or replaced in response to the unplanned shutdown and corrective actions taken to prevent recurrence of the unplanned shutdown of emission control equipment; and 4. Written verification that the affected emission control equipment is operational. If the affected equipment is not operational, provide an approximate date the subject equipment is expected to be operational.
Proposal SCAQMD staff proposes to issue a Request for Proposals to solicit bids from independent third-party contractor(s) to conduct an investigation of the reasons for an unplanned shutdown. SCAQMD staff will evaluate proposals received, and select one or more independent third-party contractors as meeting the qualifications necessary to perform these tasks. Staff will then present a list of pre-qualified candidates to the Board for certification. Funds for this proposal in an amount not to exceed $100,000 are available in the Planning, Rule Development and Area Sources FY 2013-14 Budget and staff intends to amend Rule 1420.1 to clarify that there will be reimbursement by the facility.
Successful bidders for this RFP should: 1. Not be employed by or working under contract with Exide Technologies or Quemetco, Inc. for the past 5 years;
2. Be knowledgeable regarding the design, repair, inspection and/or maintenance of pollution control equipment, methods and techniques used in the metallurgical industry, including but not limited to control devices such as baghouses, wet
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electrostatic precipitators (WESP), air scrubbers, afterburners, and regenerative thermal oxidizers (RTO); 3. Be experienced in conducting investigations and writing inspection reports of a technical nature; 4. Be familiar with the lead-acid battery recycling industry in general and Rule 1420.1 in particular; and 5. Have a working knowledge of the equipment and processes used at facilities engaged in lead-acid battery recycling.
Schedule of Events February 7, 2014 RFP Released March 11, 2014 Proposals Due – No Later Than 5:00 pm March 21, 2014 Complete Proposal Evaluations May 2, 2014 Governing Board Award Contract
Benefits to SCAQMD Rule 1402.1 requires facilities subject to Rule 1420.1 to use an independent third party to investigate unplanned shutdowns, from a contractor that is experienced in the design, repair, inspection and/or maintenance of control methods and techniques used in the metallurgical industry. Based on comments from the public, it is important to understand why pollution control equipment was unexpectedly shut down, broke down, or experienced service interruptions, in order to prevent similar failures in the future.
Outreach In accordance with SCAQMD’s Procurement Policy and Procedure, a public notice advertising the RFP and inviting bids will be published in the Los Angeles Times, the Orange County Register, the San Bernardino Sun and Riverside County Press newspapers to leverage the most cost-effective method of outreach to the South Coast Basin.
Additionally, potential bidders may be notified utilizing SCAQMD’s own electronic listing of certified minority vendors. Notice of the RFP will be e-mailed to the Black and Latino Legislative Caucuses and various minority chambers of commerce and business associations, and placed on the Internet at AQMD’s website (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.
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Resource Impacts Funds for this proposal in an amount not to exceed $100,000 are available in the Planning, Rule Development and Area Sources FY 2013-14.
Attachment RFP# 2014-13 – Third-Party Investigators for Unplanned Shutdowns of Emission Control Device at Large Lead-Acid Battery Recycling Facilities
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SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT
REQUEST FOR PROPOSALS FOR
THIRD-PARTY INVESTIGATORS FOR UNPLANNED SHUTDOWNS OF EMISSION CONTROL DEVICE AT LARGE LEAD-ACID BATTERY RECYCLING FACILITIES
#P2014-13
The South Coast Air Quality Management District (SCAQMD) requests proposals for the following purpose according to terms and conditions attached. In the preparation of this Request for Proposals (RFP) the words "Proposer," "Contractor," and "Consultant" are used interchangeably.
PURPOSE
The purpose of this Request for Proposals (RFP) is to solicit qualified firms or sole practitioners to conduct investigations when there is an unplanned shutdown of an emissions control device that occurs at a large lead-acid battery recycling facility. Upon being notified by the Executive Officer, the Consultant will conduct an investigation of the reason(s) for an unplanned shutdown of an emissions control device (unplanned shutdown) at a large lead-acid battery recycling facility subject to Rule 1420.1. An investigation of this type, as defined under subparagraph (n)(2)(B) is necessary only in situations where the owner or operator of a large lead-acid battery recycling facility does not know the reason for the breakdown or unexpected shutdown of an emissions control device and cannot determine the reason within five (5) business days of the event. Contractor responsibilities include but are not limited to physical inspection of the control equipment and surrounding portions of the facility, which may provide information to understand the reason(s) for the unplanned shutdown: and review of equipment maintenance and operation records, logs, and other documentation which may provide information to understand the reason(s) for the unplanned shutdown. The contractor is also responsible for inspection of all equipment repaired or replaced in response to the unplanned shutdown, to ensure affected control equipment can operate properly. Within 30 calendar days of the reported unplanned shutdown, the contractor will submit a written report summarizing the findings of the investigation to the SCAQMD Executive Officer and the Director of the California Department of Toxic Substances Control.
Work will be on an as needed basis. The intent of this RFP is to contract with knowledgeable contractors to be available to conduct an investigation within 3 days after notification by the SCAQMD personnel. Contractor will be reimbursed on a Time and Materials (T&M) basis for work performed against tasks. Due to the indefinite nature of the work, the actual contract amount cannot be determined at this time.
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INDEX - The following are contained in this RFP:
Section I Background/Information Section II Contact Person Section III Schedule of Events Section IV Participation in the Procurement Process Section V Statement of Work/Schedule of Deliverables Section VI Required Qualifications Section VII Proposal Submittal Requirements Section VIII Proposal Submission Section IX Proposal Evaluation/Contractor Selection Criteria
SECTION I: BACKGROUND/INFORMATION
Rule 1420.1 was amended by the South Coast Air Quality Management District (SCAQMD) Governing Board on January 10, 2014. Rule 1420.1 includes a requirement under paragraph (n)(2) whereby a facility that has an unplanned shutdown and cannot determine the cause of the shutdown within 5 business days must use an independent third party to determine the cause of the shutdown, as well as submit a report to the Executive Officer and the Director of the DTSC.
SECTION II: CONTACT PERSON:
Questions regarding the content or intent of this RFP or on procedural matters should be addressed to:
Susan Nakamura, Director of Strategic Initiatives SCAQMD 21865 Copley Drive Diamond Bar, CA 91765-4178 (909) 396-3105
SECTION III: SCHEDULE OF EVENTS
February 7, 2014 RFP Released March 11, 2014 Proposals Due – No Later Than 5:00 pm March 21, 2014 Complete Proposal Evaluations May 2, 2014 Governing Board Award Contract
SECTION IV: PARTICIPATION IN THE PROCUREMENT PROCESS
A. It is the policy of the South Coast Air Quality Management District to ensure that all businesses including minority business enterprises, women business enterprises, disabled veteran business enterprises and small businesses have a fair and equitable opportunity to compete for and participate in SCAQMD contracts.
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B. Definitions:
The definition of minority, women or disadvantaged business enterprises set forth below is included for purposes of determining compliance with the affirmative steps requirement described in Paragraph G below on procurements funded in whole or in part with federal grant funds which involve the use of subcontractors. The definition provided for disabled veteran business enterprise, local business, small business enterprise, low-emission vehicle business and off-peak hours delivery business are provided for purposes of determining eligibility for point or cost considerations in the evaluation process.
1. "Women business enterprise" (WBE) as used in this policy means a business enterprise that meets all of the following criteria:
a. a business that is at least 51 percent owned by one or more women, or in the case of any business whose stock is publicly held, at least 51 percent of the stock is owned by one or more or women.
b. a business whose management and daily business operations are controlled by one or more women.
c. a business which is a sole proprietorship, corporation, or partnership with its primary headquarters office located in the United States, which is not a branch or subsidiary of a foreign corporation, foreign firm, or other foreign- based business.
2. "Disabled veteran" as used in this policy is a United States military, naval, or air service veteran with at least 10 percent service-connected disability who is a resident of California.
3. "Disabled veteran business enterprise" (DVBE) as used in this policy means a business enterprise that meets all of the following criteria:
a. is a sole proprietorship or partnership of which at least 51 percent is owned by one or more disabled veterans or, in the case of a publicly owned business, at least 51 percent of its stock is owned by one or more disabled veterans; a subsidiary which is wholly owned by a parent corporation but only if at least 51 percent of the voting stock of the parent corporation is owned by one or more disabled veterans; or a joint venture in which at least 51 percent of the joint venture's management and control and earnings are held by one or more disabled veterans.
b. the management and control of the daily business operations are by one or more disabled veterans. The disabled veterans who exercise management and control are not required to be the same disabled veterans as the owners of the business.
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c. is a sole proprietorship, corporation, or partnership with its primary headquarters office located in the United States, which is not a branch or subsidiary of a foreign corporation, firm, or other foreign-based business.
4. "Local business" as used in this policy means a company that has an ongoing business within geographical boundaries of the SCAQMD at the time of bid or proposal submittal and performs 90% of the work related to the contract within the geographical boundaries of the SCAQMD and satisfies the requirements of subparagraph H below.
5. “Small business” as used in this policy means a business that meets the following criteria:
a. 1) an independently owned and operated business; 2) not dominant in its field of operation; 3) together with affiliates is either:
• A service, construction, or non-manufacturer with 100 or fewer employees, and average annual gross receipts of ten million dollars ($10,000,000) or less over the previous three years, or
• A manufacturer with 100 or fewer employees.
b. Manufacturer means a business that is both of the following:
1) Primarily engaged in the chemical or mechanical transformation of raw materials or processed substances into new products.
2) Classified between Codes 311000 and 339000, inclusive, of the North American Industrial Classification System (NAICS) Manual published by the United States Office of Management and Budget, 2007 edition.
6. "Joint ventures" as defined in this policy pertaining to certification means that one party to the joint venture is a DVBE or small business and owns at least 51 percent of the joint venture.
7. "Low-Emission Vehicle Business" as used in this policy means a company or contractor that uses low-emission vehicles in conducting deliveries to the SCAQMD. Low-emission vehicles include vehicles powered by electric, compressed natural gas (CNG), liquefied natural gas (LNG), liquefied petroleum gas (LPG), ethanol, methanol, hydrogen and diesel retrofitted with particulate matter (PM) traps.
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8. “Off-Peak Hours Delivery Business” as used in this policy means a company or contractor that commits to conducting deliveries to the SCAQMD during off- peak traffic hours defined as between 10:00 a.m. and 3:00 p.m.
9. “Benefits Incentive Business” as used in this policy means a company or contractor that provides janitorial, security guard or landscaping services to the SCAQMD and commits to providing employee health benefits (as defined below in Section VIII.D.2.d) for full time workers with affordable deductible and co- payment terms.
10. “Minority Business Enterprise” as used in this policy means a business that is at least 51 percent owned by one or more minority person(s), or in the case of any business whose stock is publicly held, at least 51 percent of the stock is owned by one or more or minority persons.
a. a business whose management and daily business operations are controlled by one or more minority persons.
b. a business which is a sole proprietorship, corporation, or partnership with its primary headquarters office located in the United States, which is not a branch or subsidiary of a foreign corporation, foreign firm, or other foreign- based business.
c. "Minority person" for purposes of this policy, means a Black American, Hispanic American, Native-American (including American Indian, Eskimo, Aleut, and Native Hawaiian), Asian-Indian (including a person whose origins are from India, Pakistan, and Bangladesh), Asian-Pacific-American (including a person whose origins are from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the United States Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia, and Taiwan).
11. Disadvantaged Business Enterprise” as used in this policy means a business that is an entity owned and/or controlled by a socially and economically disadvantaged individual(s) as described by Title X of the Clean Air Act Amendments of 1990 (42 U.S.C. 7601 note) (10% statute), and Public Law 102- 389 (42 U.S.C. 4370d)(8% statute), respectively; a Small Business Enterprise (SBE); a Small Business in a Rural Area (SBRA); a Labor Surplus Area Firm (LSAF); or a Historically Underutilized Business (HUB) Zone Small Business Concern, or a concern under a successor program.
C. Under Request for Proposals, DVBEs, DVBE joint ventures, small businesses, and small business joint ventures shall be awarded ten (10) points in the evaluation process. A non-DVBE or large business shall receive seven (7) points for subcontracting at least twenty-five (25%) of the total contract value to a DVBE
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and/or small business. Low-Emission Vehicle Businesses shall be awarded five (5) points in the evaluation process. On procurements which are not funded in whole or in part by federal grant funds local businesses shall receive five (5) points. Off-Peak Hours Delivery Businesses shall be awarded two (2) points in the evaluation process.
D. SCAQMD will ensure that discrimination in the award and performance of contracts does not occur on the basis of race, color, sex, national origin, marital status, sexual preference, creed, ancestry, medical condition, or retaliation for having filed a discrimination complaint in the performance of SCAQMD contractual obligations.
E. SCAQMD requires Contractor to be in compliance with all state and federal laws and regulations with respect to its employees throughout the term of any awarded contract, including state minimum wage laws and OSHA requirements.
F. When contracts are funded in whole or in part by federal funds, and if subcontracts are to be let, the Contractor must comply with the following, evidencing a good faith effort to solicit disadvantaged businesses. Contractor shall submit a certification signed by an authorized official affirming its status as a MBE or WBE, as applicable, at the time of contract execution. The SCAQMD reserves the right to request documentation demonstrating compliance with the following good faith efforts prior to contract execution.
1. Ensure Disadvantaged Business Enterprises (DBEs) are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local Government recipients, this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources.
2. Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date.
3. Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. For Indian Tribal, State and Local Government recipients, this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process.
4. Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually.
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5. Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.
6. If the prime contractor awards subcontracts, require the prime contractor to take the above steps.
G. To the extent that any conflict exists between this policy and any requirements imposed by federal and state law relating to participation in a contract by a certified MBE/WBE/DVBE as a condition of receipt of federal or state funds, the federal or state requirements shall prevail.
H. When contracts are not funded in whole or in part by federal grant funds, a local business preference will be awarded. For such contracts that involve the purchase of commercial off-the-shelf products, local business preference will be given to suppliers or distributors of commercial off-the-shelf products who maintain an ongoing business within the geographical boundaries of the SCAQMD. However, if the subject matter of the RFP or RFQ calls for the fabrication or manufacture of custom products, only companies performing 90% of the manufacturing or fabrication effort within the geographical boundaries of the SCAQMD shall be entitled to the local business preference.
I. In compliance with federal fair share requirements set forth in 40 CFR Part 33, the SCAQMD shall establish a fair share goal annually for expenditures with federal funds covered by its procurement policy.
SECTION V: STATEMENT OF WORK/SCHEDULE OF DELIVERABLES
A. Statement of Work
Upon being notified by the Executive Officer or designee, the Contractor will conduct an investigation of the reason(s) for an unplanned shutdown of an emissions control device (unplanned shutdown) at a large lead-acid battery recycling facility subject to Rule 1420.1. An investigation of this type, as defined under subparagraph (n)(2)(B) is necessary only in situations where the owner or operator of a large lead-acid battery recycling facility does not know the reason for the breakdown or unexpected shutdown of an emissions control device and cannot determine the reason within five (5) business days of the event. Contractor responsibilities include but are not limited to: 1. Physical inspection of the control equipment and surrounding portions of the facility, which may provide information to understand the reason(s) for the unplanned shutdown; and 2. Review of equipment maintenance and operation records, logs, and other documentation which may provide information to understand the reason(s) for the unplanned shutdown.
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The contractor is also responsible for inspection of all equipment repaired or replaced in response to the unplanned shutdown, in order to ensure affected control equipment can operate properly. Within 30 calendar days after the facility owner or operator initially notifies the Executive Officer of an unplanned shutdown to emissions control equipment, the contractor will submit a written report summarizing the findings of the investigation to: 1. The SCAQMD Executive Officer; and 2. The Director of the California Department of Toxic Substances Control.
The written report must include the following information: 1. Date of the unplanned shutdown of emission control equipment; 2. Reason for the unplanned shutdown of emission control equipment; 3. Results of the physical inspection of air pollution control equipment and surrounding portions of the facility, including a list of equipiment inspected and a discussion of the factors related to the physical inspection that may have led to the unplanned shutdown, in order to help the facility avoid similar shutdowns in the future; 4. Results of the review of equipment maintenance and operation records, logs, and other documentation, including a list of equipment for which maintenance and operation records and/or equipment logs were reviewed, and a discussion of any information revealed by the review of such information that may may help the facility to avoid similar shutdowns in the future; 5. List of all equipment repaired or replaced in response to the unplanned shutdown and corrective actions taken to prevent recurrence of the unplanned shutdown of emission control equipment; and 6. Written verification that the affected emission control equipment is operational. If the affected equipment is not operational, provide an approximate date the subject equipment is expected to be operational.
B. Schedule of Deliverables
Within 30 calendar days after the facility owner or operator initially notifies the Executive Officer of an unplanned shutdown to emissions control equipment, the Contractor will submit a written report summarizing the findings of the investigation to the SCAQMD Executive Officer and the Director of the California Department of Toxic Substances Control.
SECTION VI: REQUIRED QUALIFICATIONS
Persons or firms bidding on this proposal should:
A. Not be employed by or working under contract with Exide Technologies or Quemetco, Inc. for the past 5 years;
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B. Be knowledgeable regarding the design, repair, inspection and/or maintenance of pollution control equipment, methods and techniques used in the metallurgical industry, including but not limited to control devices such as baghouses, wet electrostatic precipitators (WESP), air scrubbers, afterburners, and regenerative thermal oxidizers (RTO);
C. Be experienced in conducting investigations and writing inspection reports of a technical nature;
D. Be familiar with the lead-acid battery recycling industry in general and Rule 1420.1 in particular; and
E. Have a working knowledge of the equipment and processes used at facilities engaged in lead-acid battery recycling.
Proposer must submit the following:
A. Resumes or similar statement of qualifications of person or persons who will be conducting the investigation of an unplanned shutdown or breakdown of emissions control devices used at lead-acid battery recycling facilities.
B. List of representative clients.
C. Summary of proposer's general qualifications to meet required qualifications and fulfill statement of work, including additional firm personnel and resources beyond those of the designated lead personnel conducting the investigation.
SECTION VII: PROPOSAL SUBMITTAL REQUIREMENTS
Submitted proposals must follow the format outlined below and all requested information must be supplied. Failure to submit proposals in the required format will result in elimination from proposal evaluation.
Each proposal must be submitted in two separate volumes:
. Volume I - Technical Proposal
. Volume II - Cost Proposal
A separate cover letter including the name, address, and telephone number of the contractor, and signed by the person or persons authorized to represent the firm should accompany the proposal submission. Firm contact information as follows should also be included in the cover letter:
1. Address and telephone number of office in, or nearest to, Diamond Bar, California.
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2. Name and title of firm's representative designated as contact.
VOLUME I - TECHNICAL PROPOSAL
DO NOT INCLUDE ANY COST INFORMATION IN THE TECHNICAL VOLUME
Summary (Section A) - State overall approach to meeting the objectives and satisfying the scope of work to be performed, the sequence of activities, and a description of methodology or techniques to be used.
Program Schedule (Section B) - Provide projected milestones or benchmarks for submitting reports within the total time allowed.
Project Organization (Section C) - Describe the proposed management structure, program monitoring procedures, and organization of the proposed team.
Qualifications (Section D) - Describe the technical capabilities of the firm. Provide references of other work performed during the last five years demonstrating ability to conduct the proposed work. Include contact name, title, and telephone number for any references listed. Provide a statement of your firm's background and experience in performing similar investigations for other governmental organizations.
Assigned Personnel (Section E) - Provide the following information on the staff to be assigned to this project:
1. List all key personnel assigned to the project by level and name. Provide a resume or similar statement of the qualifications of the lead person and all persons assigned to the project.
2. Provide a statement of the education and training program provided by, or required of, the staff identified for participation in the project, particularly with reference to management consulting, governmental practices and procedures, and technical matters.
3. Provide a summary of your firm’s general qualifications to meet required qualifications and fulfill statement of work, including additional firm personnel and resources beyond those who may be assigned to the project.
Subcontractors (Section F) - This project may require expertise in multiple technical areas. List any subcontractors that may be used and the work to be performed by them.
Conflict of Interest (Section G) - Address possible conflicts of interest with other clients affected by actions performed by the firm on behalf of SCAQMD. Although the Proposer will not be automatically disqualified by reason of work performed for such firms, SCAQMD reserves the right to consider the nature and extent of such work in evaluating the proposal.
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Additional Data (Section H) - Provide other essential data that may assist in the evaluation of this proposal.
VOLUME II - COST PROPOSAL
Name and Address - The Cost Proposal must list the name and complete address of the Proposer in the upper left-hand corner.
Cost Proposal – SCAQMD anticipates awarding a time and materials contract for each successful bidder. Cost information must be provided as listed below:
1. Detail must be provided by the following categories:
A. Labor - List the hourly billing rate for each level of professional staff. A breakdown of the proposed billing rates must identify the direct labor rate, overhead rate and amount, fringe benefit rate and amount, General and Administrative rate and amount, and proposed profit or fee. Provide a basis of estimate justifying the proposed labor hours and proposed labor mix.
B. Subcontractor Costs - List subcontractor costs and identify subcontractors by name. Itemize subcontractor charges per hour or per day.
C. Travel Costs - Indicate amount of travel cost and basis of estimate to include trip destination, purpose of trip, length of trip, airline fare or mileage expense, per diem costs, lodging and car rental.
D. Other Direct Costs -This category may include such items as postage and mailing expense, printing and reproduction costs, etc. Provide a basis of estimate for these costs.
SECTION VIII: PROPOSAL SUBMITTAL
All proposals must be submitted according to specifications set forth in the section above. Failure to adhere to these specifications may be cause for rejection of proposal.
Signature - All proposals should be signed by an authorized representative of the Proposer.
Due Date - The Proposer shall submit four (4) complete copies of the proposal in a sealed envelope, plainly marked in the upper left-hand corner with the name and address of the Proposer and the words "Request for Proposals #P2014-13." All proposals are due no later than 5:00 p.m., March 11, 2014, and should be directed to:
Procurement Unit South Coast Air Quality Management District 21865 Copley Drive Diamond Bar, CA 91765-4178 (909) 396-3520
Late bids/proposals will not be accepted under any circumstances.
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Grounds for Rejection - A proposal may be immediately rejected if:
. It is not prepared in the format described, or . It is signed by an individual not authorized to represent the firm.
Modification or Withdrawal - Once submitted, proposals cannot be altered without the prior written consent of SCAQMD. All proposals shall constitute firm offers and may not be withdrawn for a period of ninety (90) days following the last day to accept proposals.
SECTION IX: PROPOSAL EVALUATION/CONTRACTOR SELECTION CRITERIA
A. Proposals will be evaluated by a panel of three or more SCAQMD staff members familiar with the subject matter of the project. The panel will be appointed by the Executive Officer or his designee. The panel will make a recommendation to the Executive Officer for a list of prequalified independent third-party contractors.
B. Each member of the evaluation panel shall be accorded equal weight in his or her rating of proposals. The evaluation panel members shall evaluate the proposals according to the specified criteria and numerical weightings set forth below.
1. Proposal Evaluation Criteria
(a) Special Project Requiring Unique Knowledge of Abilities
No Relationship with Large Lead-acid Battery Recycler 50 Contractor Qualifications 40 Cost 10 TOTAL 100
(b) Additional Points
Small Business or Small Business Joint Venture 10 DVBE or DVBE Joint Venture 10 Use of DVBE or Small Business Subcontractors 7 Low-Emission Vehicle Business 5 Local Business (Non-Federally Funded Projects Only) 5 Off-Peak Hours Delivery Business 2
The cumulative points awarded for small business, DVBE, use of small business or DVBE subcontractors, low-emission vehicle
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business, local business, and off-peak hours delivery business shall not exceed 15 points.
Self-Certification for Additional Points The award of these additional points shall be contingent upon Proposer completing the Self-Certification section of Attachment A – Certifications and Representations and/or inclusion of a statement in the proposal self-certifying that Proposer qualifies for additional points as detailed above.
2. To receive additional points in the evaluation process for the categories of Small Business or Small Business Joint Venture, DVBE or DVBE Joint Venture or Local Business (for non-federally funded projects), the proposer must submit a self-certification or certification from the State of California Office of Small Business Certification and Resources at the time of proposal submission certifying that the proposer meets the requirements set forth in Section III. To receive points for the use of DVBE and/or Small Business subcontractors, at least 25 percent of the total contract value must be subcontracted to DVBEs and/or Small Businesses. To receive points as a Low-Emission Vehicle Business, the proposer must demonstrate to the Executive Officer, or designee, that supplies and materials delivered to the SCAQMD are delivered in vehicles that operate on either clean-fuels or if powered by diesel fuel, that the vehicles have particulate traps installed. To receive points as an Off-Peak Hours Delivery Business, the proposer must submit, at proposal submission, certification of its commitment to delivering supplies and materials to SCAQMD between the hours of 10:00 a.m. and 3:00 p.m. The cumulative points awarded for small business, DVBE, use of Small Business or DVBE Subcontractors, Local Business, Low-Emission Vehicle Business and Off- Peak Hour Delivery Business shall not exceed 15 points.
The Procurement Section will be responsible for monitoring compliance of suppliers awarded purchase orders based upon use of low-emission vehicles or off-peak traffic hour delivery commitments through the use of vendor logs which will identify the contractor awarded the incentive. The purchase order shall incorporate terms which obligate the supplier to deliver materials in low-emission vehicles or deliver during off-peak traffic hours. The Receiving department will monitor those qualified supplier deliveries to ensure compliance to the purchase order requirements. Suppliers in non-compliance will be subject to a two percent of total purchase order value penalty. The Procurement Manager will adjudicate any disputes regarding either low-emission vehicle or off-peak hour deliveries.
3. The lowest cost proposal will be awarded the maximum cost points available and all other cost proposals will receive points on a prorated
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basis. For example if the lowest cost proposal is $1,000 and the maximum points available are 10 points, this proposal would receive the full 10 points. If the next lowest cost proposal is $1,100 it would receive 9 points reflecting the fact that it is 10% higher than the lowest cost (90% of 10 points = 9 points).
C. During the evaluation process the evaluation panel may wish to interview some proposers for clarification purposes only. No new material will be permitted at this time. Additional information provided during the bid review process is limited to clarification by the Proposer of information presented in his/her proposal, upon request by SCAQMD.
D. Selection of a list of pre-qualified independent third-party investigators will be made based on the above-described criteria and rating factors. Proposers may be notified of the results by letter.
E. The Governing Board has approved a Bid Protest Procedure which provides a process for a bidder or prospective bidder to submit a written protest to the SCAQMD Procurement Manager in recognition of two types of protests: Protest Regarding Solicitation and Protest Regarding Award of a Contract. Copies of the Bid Protest Policy can be secured through a request to the SCAQMD Procurement Department.
F. The Executive Officer or Governing Board may award contracts to more than one proposer if in (his or their) sole judgment the purposes of the (contract or award) would best be served by selecting multiple proposers.
G. If additional funds become available, the Executive Officer or Governing Board may increase the amount awarded. The Executive Officer or Governing Board may also select additional proposers for a grant or contract if additional funds become available.
H. Disposition of Proposals – Pursuant to the District’s Procurement Policy and Procedure, SCAQMD reserves the right to reject any or all proposals. All proposals become the property of SCAQMD, and are subject to the California Public Records Act. One copy of the proposal shall be retained for SCAQMD files. Additional copies and materials will be returned only if requested and at the proposer's expense.
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South Coast Air Quality Management District 21865 Copley Drive, Diamond Bar, CA 91765-4178 (909) 396-2000 • www.aqmd.gov
Business Information Request
Dear SCAQMD Contractor/Supplier:
The South Coast Air Quality Management District (SCAQMD) is committed to ensuring that our contractor/supplier records are current and accurate. If your firm is selected for award of a purchase order or contract, it is imperative that the information requested herein be supplied in a timely manner to facilitate payment of invoices. In order to process your payments, we need the enclosed information regarding your account. Please review and complete the information identified on the following pages, complete the enclosed W-9 form, remember to sign both documents for our files, and return them as soon as possible to the address below:
Attention: Accounts Payable, Accounting Department South Coast Air Quality Management District 21865 Copley Drive Diamond Bar, CA 91765-4178
If you do not return this information, we will not be able to establish you as a vendor. This will delay any payments and would still necessitate your submittal of the enclosed information to our Accounting department before payment could be initiated. C ompletion of this document and enclosed forms would ensure that your payments are processed timely and accurately.
If you have any questions or need assistance in completing this information, please contact Accounting at (909) 396-3777. W e appreciate your cooperation in completing this necessary information. Sincerely,
Michael B. O’Kelly Chief Financial Officer Enclosures: Business Information Request Disadvantaged Business Certification W-9 Form 590 Withholding Exemption Certificate Federal Contract Debarment Certification Campaign Contributions Disclosure Direct Deposit Authorization
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South Coast Air Quality Management District 21865 Copley Drive, Diamond Bar, CA 91765-4178 (909) 396-2000 • www.aqmd.gov
BUSINESS INFORMATION REQUEST
Business Name
Division of
Subsidiary of
Website Address