BOARD MEETING DATE: May 2, 2003
AGENDA NO. 11

Execute Contract with Los Angeles County Agricultural Commission Department of Weights and Measures for Gasoline Vapor Recovery Inspections and Testing

SYNOPSIS:

This action would award the sum of $70,000 for FY 2003-04 to the Los Angeles County Agricultural Commission Department of Weights and Measures to conduct vapor recovery inspections and perform tests at retail gasoline dispensing facilities within the Los Angeles County portion of AQMD. This represents the continuation of a longstanding arrangement between AQMD and Los Angeles County Agricultural Commission Department of Weights and Measures. The existing three-year contract is scheduled to terminate on June 30, 2003.

COMMITTEE:

Stationary Source, March 28, 2003, Reviewed
Administrative, April 11, 2003, Recommended for Approval

RECOMMENDED ACTION:

Authorize the Chairman to execute a contract with Los Angeles County Agricultural Commission Department of Weights and Measures for Gasoline Vapor Recovery Inspections and Testing at a cost of $70,000 in FY2003-04, provided funding is authorized in AQMD's Annual Budget and the Executive Officer approves the work for that year.

Barry R. Wallerstein, D.Env.
Executive Officer

Los Angeles County Weights and Measures Department (W&M) inspectors periodically inspect retail gasoline dispensing facilities to ensure compliance with their regulatory requirements. Since 1994, AQMD has contracted with this agency to conduct screening inspections of gasoline vapor recovery equipment concurrently with their routine inspections. The results of the screening inspections are reported to AQMD for follow-up enforcement action where appropriate.

This inspection process has been mutually beneficial to AQMD, Los Angeles County, and the facility operators; providing AQMD with a cost-effective means of identifying noncompliant sources, while providing additional funding support to the Weights and Measures program.

W&M inspectors are trained enforcement officers and have been trained on AQMD requirements by AQMD staff. Consequently, W&M inspectors would be acceptable as expert witnesses if necessary, and are unlikely to be challenged on their authority to inspect. These benefits would be forgone with a private contractor. This sole-source contract is unique in that the contractor is another government agency and the manner in which the work is performed could not be duplicated by another contractor. Accordingly, the sole-source justification for this MOU is Section VIII(B)(2)(c) of the AQMD’s procurement policy, services available only from the sole-source contractor.

A testing component was added to the MOU in July 1, 2000. Under these new provisions, W&M inspectors began conducting air-to-liquid (A/L) ratio tests on assist systems and a liquid interlock test on balance systems.

Compliance statistics compiled by AQMD for 2000 and 2001 indicated a significantly higher noncompliance rate at stations operating the balance phase II vapor recovery systems. A review of reverification testing results conducted in 2002 found the failure rate with balance systems to be significantly higher than that of the assist systems.

Recent changes to Title 17 of the California Code of Regulations established new requirements for vapor recovery systems, including a new gasoline retention test for balance phase II vapor recovery systems. The process of draining, collecting and measuring residual gasoline from the nozzle and hose assembly is more consistent with routine activities conducted by the County and, therefore, it would be more appropriate for W&M inspectors to conduct these types of activities.

The existing MOU with Weights and Measures is scheduled to terminate on June 30, 2003. AQMD and the County have mutually agreed that a continuation of this longstanding relationship is in everyone’s best interest.

Proposal

Los Angeles County Weights and Measures Department inspectors will conduct tests and inspect Phase I and II gasoline vapor recovery equipment visually for obvious defects while conducting their routine inspections. AQMD will designate the elements of the tests and inspections, as well as provide a list of the retail gasoline dispensing facilities to be included in this contract. A copy of the report will be provided to the station operator at the time of the inspection and AQMD. W&M inspectors will not issue Notices to Comply or Notices of Violation, but will refer matters of observed noncompliance to AQMD for follow-up enforcement action.

Los Angeles County Agricultural Commission will receive $38 for each service station inspection conducted and $46 per station for testing.

Resource Impacts

A total of $70,000 will be proposed for Weights and Measures Department vapor recovery testing and inspections in the FY2003-04 AQMD Budget request.

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