REG 04.20.09 – Procurement of Chemicals, Compressed Gases, Cryogenic Liquids, Radioactive Materials, and Biological Agents

Authority: Vice Chancellor for Finance and Administration

History: First Issued: December 15, 2009. Revised: April 19, 2023.

Additional References:
Department of Homeland Security – Final Rule: Chemical Facility Antiterrorism Standards (72 Federal Register 17688)
State of NC Fire Prevention Code Section 6004 Highly Toxic and Compressed Gases
State of NC Fire Prevention Code Chapter 58 – Flammable Gases and Flammable Cryogenic Fluids
State of NC Fire Prevention Code Section 6405.3 Silane Gas
NC State Materials Support Online Gas Cylinder Procurement Process
NC State MarketPlace online procurement process

Contact Info:
Assoc. Vice Chancellor, Environmental Health and Public Safety (919-515-4238)
Operational Contact – Materials Management (919-515-2171)
Gas/Chemical Safety – Director, Environmental Health and Safety (919-515-6860)
Radiation Safety – Radiation Safety Officer (919-515-5208)
Biological Safety – Biosafety Officer (919-515-6858)

1. SUMMARY

1.1 Chemicals, compressed gases and cryogenic liquids, biological agents, and radioactive materials (hereafter referred to as “regulated materials”) shall be ordered through the NC State MarketPlace online procurement system. In the event the regulated materials are not available through MarketPlace, a purchase order shall be completed for the purchase which clearly identifies the item as a regulated material on the purchase order. This requirement is necessary to achieve compliance with federal, state, and local regulations and to better assure faculty, staff, and student safety.

1.2 P-Cards, vouchers (small purchases), or employee reimbursements shall not be used for purchases of regulated materials.

1.3 Radioactive materials shall be approved and procured as described in Procurement, Inventory, and Transfer of Radioactive Material – NC State Radiation Protection Manual.

1.4 Biological Agents shall be approved and procured as described in Procedures Governing the Use of Biohazardous Agents — NC State Bio Hazard Safety Manual

1.5 Compressed gases shall be procured solely through the NC State MarketPlace online procurement process.

2. INTRODUCTION

2.1 Various federal, state, and local regulations control the use of chemicals, compressed gases, biological agents, and radioactive materials. In order to assist the end user of these materials in helping assure that NC State meets these requirements, it is necessary to procure these materials in a manner that positively identifies their presence at the University.

2.2 This regulation addresses the responsibilities of university personnel to order chemicals, compressed gases, cryogenic liquids, radioactive materials and biological agents only through the online procurement system (MarketPlace).

2.3 This requirement is implemented in order to improve the ability to ensure:

2.3.1 An appropriate safety review is conducted prior to use of hazardous materials.

2.3.2 An accurate, centralized listing of hazardous material locations on campus is available for emergency response purposes.

2.3.3 An accurate, centralized listing of hazardous materials is maintained to comply with the North Carolina Fire Prevention Code.

2.3.4 An accurate, centralized listing of hazardous materials is in place in order to comply with Department of Homeland Security (DHS) and other federal, state, and local requirements.

2.3.5 Safe working conditions for NC employees, students, guests, and property and compliance with applicable federal, state, and local regulations.

3. DEFINITIONS

3.1 Regulated materials – Any biological agent, radioactive material, chemical, compressed gas, or cryogenic liquid.

3.2 Biological Agents – Toxins, infectious and parasitic agents, noninfectious microorganisms, such as some fungi, yeast, algae, plants and plant products, and animals and animal products that cause occupational disease.

3.3 Radioactive Material – A material whose nuclei spontaneously give off nuclear radiation. Naturally radioactive materials (found in the earth’s crust) give off alpha, beta, or gamma particles. Alpha particles are Helium nuclei, beta particles are electrons, and gamma particles are high energy photons.

3.4 Chemical – Any element, chemical compound or mixture of elements and or compounds (this is the definition from CFR 1910.1200, Hazard Communication). This definition would include welding / brazing rods since they are intended to be consumed and can release considerable metal fumes during use. “Chemical” shall exclude the following:

3.4.1 Chemicals purchased as office supplies.

3.4.2 Standard (off-the-shelf) household cleaning materials, including, but not limited to, products such as Windex, and Lysol.

3.4.3 Articles – An article is a manufactured item, other than a fluid or particle, which under normal conditions of use, does not release more than very small quantities of a hazardous chemical and does not pose a physical hazard or health risk to employees.

3.5 Compressed Gas – A gas or mixture of gases having in a container an absolute pressure exceeding 40 psi at 70 degrees F.

3.6 Cryogenic Liquid – A non-liquefied gas which has been cooled below its boiling point to liquid state and is stored in a specially insulated container.

4. GENERAL RESPONSIBILITY

4.1 Ordering of Hazardous Materials

4.1.1 The individual granting approval for the purchase of a regulated material shall do the following:

4.1.1.1 Ensure that all compressed gas or cryogenic liquid orders are placed through the NC State MarketPlace. Forward records of gas orders placed through this process to NC State Environmental Health and Safety.

4.1.1.2 Ensure that a cylinder’s final destination location remains consistent with the usage location indicated on the cylinder order/delivery form.

4.1.1.3 Ensure that if any gas cylinders are relocated, that the new cylinder use location is updated on the new location’s safety plan chemical inventory. Prior to relocating hazardous gases, check with NC State Environmental Health and Safety to determine if relocation is appropriate.

4.1.1.4 Assure that all chemicals, radioactive materials, or biological agents are procured through the NC State MarketPlace. Some materials, such as radioactive materials and a few biological agents and hazardous chemicals, will be earmarked for “approval by NC State Environmental Health and Safety prior to order”.

5. PENALTIES FOR NON-COMPLIANCE

5.1 A willful violation of this policy shall be considered unacceptable personal conduct as provided in the Office of State Human Resources Disciplinary Action, Suspension, and Dismissal Policy. Nonconformance with the procedures outlined herein may be grounds for disciplinary action, up to and including dismissal.