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I. Purpose

This document provides an interim policy for review and approval of hazardous materials prior to purchase. This interim policy will be used by those city departments who must use hazardous materials in their operations. A final policy will be developed through a subsequent phase of the Pollution Prevention Program and will include the hazardous materials that are currently in use by city operations. The work is one element of the city's comprehensive Pollution Prevention Program, and was drafted by the Hazardous Material Purchase and Management Subcommittee. City management designated the Pollution Prevention Team to act as a steering committee for the Pollution Prevention Program. This team has reviewed and endorsed this policy, and specific direction to departments with respect to hazardous materials purchases represents direction from city management.

II. Background

The Environmental Protection Agency's (EPA) Pollution Prevention Act of 1990 encourages the maximum elimination of wastes of all types. It emphasizes that the preferred method of preventing pollution is to reduce the volume of waste at the source (source reduction), which includes product or process changes. It is fundamentally different from offsite recycling, treatment or disposal and is meant to reduce the need for those measures. One effective pollution prevention strategy is to use procurement as a means to encourage source reduction. The city of Phoenix's commitment to pollution prevention is exemplified in Resolution No. 18054 that was approved by the City Council in 1992. As defined in the resolution, the city committed to incorporate pollution prevention to limit use of products which could have an adverse impact on the environment and employee safety and health. The city was recognized with a Public Technology Inc. (PTI) national award for this resolution and the proactive approach which it defines.

Administrative Regulation (AR) 2.314, "Hazardous Materials Owned and Used by the city of Phoenix," was implemented in January 1989 to minimize the use of hazardous materials in its operations to the maximum extent possible. Hazardous materials are defined as, "Any material, whether solid, liquid or gas, which, if not used properly, may cause harm or injury to persons through inhalation, ingestion, absorption or injection, or which may negatively impact the environment through the use or discharge of any material on the ground, in the water or to the air." A central tool in source reduction is control of the purchase of hazardous materials.

The procedures defined in AR 2.314 are designed to keep decision-making within the department. This reflects the city's overall management style of providing departments with control over decision-making within their operations. This interim purchasing policy is designed to assist departments with hazardous material purchase decisions, based on policy guidance developed by the Hazardous Materials Purchase and Management Subcommittee of the Pollution Prevention Program.

III. Procurement Policy

The following section provides the basic outline of an interim procurement review and approval process as recommended by the city's Pollution Prevention Plan. In the final policy, the Pollution Prevention Program will coordinate the development of a centralized review team to assist departments in the procurement and management of hazardous materials. The pollution prevention interim policy is defined below.

A. Development of Department Programs

1. Department Procurement Review Staff

Departments that use significant amounts of hazardous materials should designate a point of contact and a group of individuals to review and approve the purchase of hazardous materials. The department should determine the composition and number of individuals involved in this review and approval process. They can use criteria such as chemical ingredients and/or environmental, health and safety risk factors referenced in Section III.C. below to evaluate the hazardous materials.

The department also can ask for assistance from the Office of Environmental Programs or the Personnel Department, Safety Section. Individuals designated to make these requests should have the expertise to consider health, safety, and environmental effects of the requested material.

2. Purchasing Procedures for Hazardous Materials.

City departments that use hazardous materials should develop an internal program to review and approve any purchase requests for hazardous materials. Departments have several mechanisms for purchases, which include: a) purchase requisition (PR); b) Department Purchase Order (DPO); c) emergency purchases; d) petty cash; and e) vendor sample evaluations.

Departments' procurement review and approval processes should include an element that defines how hazardous materials are identified and approved prior to purchase. The department should have a system which identifies hazardous materials on the PR/DPO.

3. Departmental Approved Lists

(a) The department review staff should develop a list of approved hazardous materials which are acceptable and others which should only be used with specific and limited applications. As a first step, this review process should be utilized for all new product requests. Then departments should review their current lists of hazardous materials.

(b) Lists should be updated as materials are added or deleted, and circulated to department employees that will need them for their product ordering decisions. Copies of the lists should be provided to the Office of Environmental Programs and Personnel Department, Safety Section.

(c) Environmentally preferred materials that have been approved for use by one department can be purchased by other departments without additional documentation. Prior to changing to a different product, departments should evaluate the product's ability to perform in the applicable work process and review previously conducted testing results.

d) The Office of Environmental Programs and/or Personnel Department, Safety Section will have available a list of products that have been approved for other departments to consider, and are available for technical assistance.

B. Prospective Vendors

A department's selection of an environmentally preferred product may establish criteria that could potentially eliminate some vendors from competing. The department must carefully review the selection for:

1. Operational needs, as established in the department's specifications. The product needs to do the job that it was intended to do.

2. The product's net cost impact balanced against the value of lowering the environmental and employee safety and health risk to the city. Cost factors to be considered may include storage technologies, disposal of wastes or containers, or potential environmental cleanups needed due to accidental release(s). When comparing material costs, items such as employee safety and health, training and hazardous material management should be considered.

3. Vendors should be advised, to the extent practical, of the considerations in this interim policy.

C. Environmental/Safety and Health Specifications

The following lists elements to consider when initially selecting new environmentally safe materials. Departments may choose to use the same criteria to evaluate products they are currently using. Considerations made in the review and approval process should include at least the following areas:

1. Material Safety Data Sheet (MSDS) information

Review and determine potential health, safety, and environmental factors, which may include but not be limited to the following:

(a) Inherently hazardous or dangerous (e.g. flammables, toxics such as pesticides and herbicides, corrosives) and materials with constituents that are carcinogens, mutagens and teratogens.

(b) Materials that become hazardous waste (e.g. ignitable, reactive, corrosive, toxic) that are listed constituents in Part 40 Code of Federal Regulations Part 261.

(c) Materials that are listed on the EPA's list of priority pollutants or on the 1986 Superfund Amendments and Reauthorization Act, Section 313, Toxics Release Inventory List.

2. Special Hazardous Materials

Other materials such as aerosols, materials containing chlorinated fluorocarbons (CFC/Freons) and materials containing volatile organic compounds (VOCs).

3. NFPA Ratings

Materials whose NFPA rating or HMIS rating include a 3 or 4. These numbers range from 0 - 4, where the higher number reflects a higher degree of hazard and, therefore, risk.

4. Test Results as Specifications for Environmentally Safer Materials

The MSDS does not always immediately identify a product as environmentally preferable. The department may then consider obtaining a product sample from the vendor and applying it as directed. Different test methods may be applied to help determine impacts to the environment. Examples of tests include testing for ignitability, for total petroleum hydrocarbons, etc. Departments may contact the Office of Environmental Programs, 602-256-5669 or Personnel Department, Safety Section, 602-262-7555 for information or assistance.

5. Vendor Specifications

Departments who procure hazardous materials, whether new products or existing products, are encouraged to include in their quotation or bid requests from vendors, the following performance specifications:

(a) Must provide current material safety data sheets (MSDS).

(b) Will train city employees on proper product use, storage and disposal, upon request.

(c) Are willing to accept returned empty containers or surplus stock, if requested.

(d) Must provide Hazardous Material Identification System (HMIS) and/or National Fire Protection Association (NFPA) labels/ratings on the containers.

6. Vendor Specifications for Requirements Contracts Manual

The following language will be placed into all contracts contained in the Finance Department's "Requirements Contracts Manual" for hazardous materials as of Aug. 1, 1996:

A Bidder shall provide a copy of the current Material Safety Data Sheet (MSDS) for the product(s) offered. The MSDS must include all chemical compounds present in concentrations greater than 0.1 percent for each product offered. The Contractor shall provide required safety and health training for city employees on each product(s) offered and for proper product use, storage and disposal, when requested by the city. The Contractor further agrees to accept returned empty containers for disposal purposes, if and when requested by the city. The cost for disposal of used containers and for any requested training and disposal of used containers shall be included in the bid price for the product. The Contractor shall also accept returned product that was purchased as a result of this IFB or RFQ and for which the city no longer needs the product. Returned product will be in its original container(s), unopened, and must be returned at least forty-five (45) calendar days prior to any shelf-life expiration date noted on the product container(s). A restocking fee of 20 percent will be paid to the contractor for each container returned, based on the bid price paid as a result of this IFB or RFQ.

All product containers provided should exhibit the Hazardous Material Identification System (HMIS) and/or the National Fire Protection Association (NFPA) labels/ratings on the containers.

The city reserves the right to purchase the product that in the city's opinion is the least hazardous material suitable for use in city operations, price not withstanding.

D. Purchasing Procedures for Requests over $1,000

Once a department has used the preceding specifications to identify a recommended product, the department must forward these specifications along with their purchase request to the Finance Department, Purchasing Division if the purchase price of the product exceeds $1,000. Information on the product description, its uses, and a reference to the testing method and results will be provided to Purchasing for new product purchase requests. These specifications may also be provided to the Finance Department, Purchasing Division as additional criteria to negotiate changes to existing contracts. The information to be included is outlined in paragraph 2 below.

1. Specifications for Initial Purchases

The documentation described above will be required for initial purposes only. Additional documentation may be required if the product constituents vary significantly.

2. Format for Product Specifications

Review documentation developed to support the purchase decision, should be submitted to the Finance Department, Purchasing Division, for procurements to be handled by city buyers. The department must provide the following information for each evaluated product when more than $1,000:

(a) Product/manufacturer name

(b) Distributor's name, address and phone number

(c) Environmental/safety and health or vendor specifications evaluated, as outlined in the interim policy above

(d) A statement that the product has been field tested and determined to work for the purpose for which it is being purchased

(e) Approval by the appropriate department representative

3. Consultation with Current and/or Prospective Suppliers

Departments also are encouraged to consult with their current and/or prospective supplier of hazardous materials to determine what, if any, products they may have that are less hazardous to the environment.

E. Points of Contact

Each department's procurement review staff should consult with:

1. Office of Environmental Programs, 602-256-5669, for issues such as air quality, water quality, soil contamination, remediation, waste minimization, etc. OEP also coordinates the Hazardous Material Purchase and Management Subcommittee, whose members have experience in the material testing and procurement area.

2. Personnel Department, Safety Section, 602-262-7555, for occupational safety and health, hazardous waste, special waste, etc.,

3. Other departments with similar operational processes or materials.

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