{"operation":"document","citation":"23-0064","title":"TEN-E Packaging Services, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2023-11-07","effective_on":null,"summary":"23-0064 response to TEN-E Packaging Services, Inc. concerning 178.509.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0064.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0064.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0064","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/78021/230064.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nNovember 7, 2023\nRobert Ten Eyck\nDirector, Technical Services\nTEN-E Packaging Services, Inc.\n1666 County Road 74\nNewport, MN 55055\nReference No. 23-0064\nDear Mr. Ten Eyck:\nThis letter is in response to your June 14, 2023, letter and subsequent email conversation\nrequesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180)\napplicable to the use of plastic resin produced through pyrolysis for the construction of plastic\nUnited Nations (UN) performance-oriented packagings. Specifically, you describe a “chemical\nrecycling process”—i.e., pyrolysis—which uses heat in the absence of oxygen to break down\nused/waste plastic to its chemical building blocks in the form of liquid, oil feedstocks (i.e., raw\nmaterials), which can then be converted back to plastic resin. You provide information from a\nproducer of the plastic resin stating that it is equivalent in chemical and polymer structure to\nnewly produced resin (known as “virgin resin”). Finally, you note this process is distinct from\nthe other widely-used reclaiming method—“mechanical recycling process”—where used/waste\nplastic is ground, melted, and then re-pelletized for use. You ask whether plastic UN\nperformance-oriented packagings manufactured from pyrolyzed raw materials used to make\nplastic resin must be approved in accordance with § 178.509(b)(1), which states, “[n]o used\nmaterial other than production residues or regrind from the same manufacturing process may be\nused unless approved by the Associate Administrator.”\nThe answer is no. It is the opinion of this Office that the raw materials (i.e., feedstocks) produced\nby pyrolysis of used/waste plastic is not “used material” for purposes of § 178.509(b)(1) and\ntherefore, not subject to the approval provision. The Research and Special Programs\nAdministration (RSPA) added the approval provision to authorize the use of used material of\nknown origin and characteristics for the manufacture of UN specification plastic drums and\njerricans.1 The revision was added to encourage greater use of recycled plastics yet only under an\napproval provision because of uncertainties in quality of material and limited experience with\nuse of used plastic materials. Mechanical recycling was and remains the primary method of\nrecycling used plastics, but it involves melting and reforming of polymers used for plastic that\ncauses degradation of quality and introduces impurities. The chemical recycling process of\n1 See final rule HM-215C (March 5, 1999; 64 FR 10742, 10750).\n\n<<<PAGE 2>>>\n\npyrolysis differs because it breaks the plastic down to its chemical building blocks—equivalent\nto newly extracted fossil feedstocks—that (re)enter the plastic production chain early on in the\nprocess to form polymers.\nTherefore, plastic resin produced through pyrolysis would not be considered “used material”\nwithin the scope of the § 178.509(b)(1) approval requirement and may be used to construct\nplastic UN performance-oriented packagings without prior approval from the Associate\nAdministrator. To this end, it remains the responsibility of both manufacturer and shipper to\nensure packaging is manufactured from suitable plastic material and otherwise adheres to\nconditions of § 178.509.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nDirk Der Kinderen\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nPatrick\n23-0064\nFrom: Nickels, Matthew (PHMSA)\nTo: Hazmat Interps\nSubject: TEN-E Packaging Services, Inc. -- Interpretation Request\nDate: Tuesday, July 18, 2023 10:40:26 AM\nAttachments: image001.png\nChemical Recyling Interpretation 23-MN50026.docx\nGAO Report.pdf\nHey Alice and Jessie, please assign new interp request asap – attached. And please have the interp drafter\ncontact Bob asap to discuss the ‘additional information’ he wants to provide.\nThanks!\nFrom: Robert Teneyck <Robert.Teneyck@ten-e.com>\nSent: Monday, July 17, 2023 8:59:06 PM\nTo: Kelley, Shane (PHMSA) <shane.kelley@dot.gov>\nSubject: FW: Interpretation Request\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click\non links or open attachments unless you recognize the sender and know the content is safe.\nHi Shane,\nCan you tell me who in your group is looking at this interpretation request as I have some additional\ninformation that I would like to forward to them?\nThanks much.\nBob T.\nFrom: Robert Teneyck\nSent: Wednesday, June 14, 2023 12:48 PM\nTo: Shane Kelley (shane.kelley@dot.gov) <shane.kelley@dot.gov>\nSubject: Interpretation Request\nHi Shane,\nRegards,\nBob T.\nLet me know if you have any questions concerning this interpretation request.\nRobert Ten Eyck TEN-E Packaging Services, Inc.\nrobert.teneyck@ten-e.com 1666 County Road 74\nOffice: 651-459-0671 Newport, MN 55055\nFax: 651-459-1430 www.ten-e.com\n\n<<<PAGE 4>>>\n\nJune 14, 2023\nShane Kelley\nStandards and Rulemaking PHH-10\nPipeline and Hazardous Materials Safety Administration\nU.S. Department of Transportation\n1200 New Jersey Avenue, SE, East Building, Room E23-447\nWashington, DC 20590\nDear Shane:\nWe are working with a client who manufactures UN specification 1H1 and 3H1 containers and\nthey want to incorporate plastic resins that are reclaimed from used plastic by what is referred\nto as “chemical recycling” wherein the used material is converted by pyrolysis to oil and then\nconverted back to resin. This reclaiming process is distinctly different from the “mechanical\nrecycling” widely used today where the used resin is ground, melted and then re-pelletized.\nWe are seeking a formal interpretation as to whether the manufacture of UN specification\ndrums with resins from chemical recycling require an approval from the Associate\nAdministrator under §178.509(b)(1) of Title 49 CFR.\nWe are enclosing an article by the Government Accountability Office (GAO) that describes the\nchemical recycling process.\nPlease let us know if you need any further information to respond to this interpretation request.\nSincerely,\nAttachment\n\n<<<PAGE 5>>>\n\nScience, Technology Assessment,\nand Analytics\nSCIENCE & TECH SPOTLIGHT:\nADVANCED PLASTIC\nRECYCLING\nAccessible Version\n/// THE TECHNOLOGY\nWhat is it? Plastics are found in many everyday items—including food\npackaging, water bottles, bags, and appliances. They are largely made\nfrom fossil fuel-based chemicals combined with various additives—such\nas stabilizers or flame retardants—to achieve a desired result (e.g.,\nstrength, rigidity, color, heat resistance).\nThe majority of plastic waste in the U.S. ends up in landfills, with a\nrelatively small portion incinerated and an even smaller portion recycled.\nThe accumulating plastic waste in landfills generally does not biodegrade\nor break down.\nFigure 1. Methods of plastic waste disposal in the U.S.\nPlastic recycling technologies reprocess or remanufacture plastic\nwaste for reuse. Currently, the dominant technology for plastic recycling\nis mechanical recycling, which uses physical processes—such as\nsorting, grinding, washing, separating, drying, and re-granulating—to\nrecover plastics that can be substituted for virgin, or new, plastics.\nHowever, mechanical recycling technology is expensive, labor intensive,\nand generally results in lower quality plastics than virgin plastics.\nConsequently, industry is considering advanced recycling technologies—\nnamely, chemical recycling—as an alternative or complement to\nmechanical recycling. Chemical recycling technologies use heat, chemical\nreactions, or both, to recycle used plastic into virgin-equivalent plastic,\nfuel, or other chemicals.\nIn addition, recent advances in sorting technology—one of the physical\nprocesses common to both chemical and mechanical recycling\ntechnologies—may also increase the efficiency of chemical recycling\nand lead to increased plastic recycling. For example, artificial intelligence\ntechnologies have the potential to increase automated sorting efficiency.\nSimilarly, another advanced technology efficiently sorts materials by\nidentifying their molecular vibrations.\nSEPTEMBER 2021\nWHY THIS MATTERS\nPlastic waste in the U.S. has grown tenfold from 1970\nto 2018, while recycling rates have remained low.\nMounting plastic waste in landfills and oceans can\ncontaminate ecosystems and adversely affect human\nhealth and wildlife. Chemical recycling technologies\nhave the potential to improve plastic recycling, but\nseveral challenges remain.\nHow does it work? Chemical recycling can promote a closed-loop\nsystem, known as a circular economy, wherein plastics are reused\nrather than discarded in landfills or incinerated. There are three general\ncategories of chemical recycling technologies: conversion, decomposition,\nand purification.\nFigure 2. Closed-loop chemical recycling\nConversion focuses on converting polymers—long-chain hydrocarbon\nmolecules built from smaller repeating units called monomers—in mixed\nor sorted plastics into smaller molecules. This can occur through a variety\nof techniques, including pyrolysis and gasification.\n■ Pyrolysis, sometimes called “plastics to fuel,” turns plastic waste into\na synthetic crude oil that can be refined into diesel fuel, gasoline,\nheating oil, or waxes. This process involves heating the plastic\nwaste to high temperatures (300-900°C) in the absence of oxygen.\nDifferent forms of pyrolysis use different temperatures, pressures,\nand processing times.\n■ Gasification also heats plastic waste to high temperatures (500-\n1300°C) in a low-oxygen environment to convert plastic waste to\nsynthesis gas, or “syngas.” Syngas—a fuel mixture containing mainly\nhydrogen and carbon monoxide—can be combusted for electric\npower generation or converted into other fuels or chemicals, such as\nethanol and methanol.\nDecomposition breaks down polymers in sorted plastics into monomers\nto produce new plastics. This decomposition can be done with heat or\nchemicals. Chemical decomposition uses solvents to break the polymers\ninto monomers. Some decomposition technologies use enzymes to break\ndown polymers at temperatures as low as room temperature, resulting in\nless energy consumption.\nGAO-21-105317 Advanced Plastic Recycling\n\n<<<PAGE 6>>>\n\nScience, Technology Assessment,\nand Analytics\nPurification uses solvents to separate polymers from additives or\ncontaminants. Unlike other types of chemical recycling, purification does\nnot break or modify the polymer. Purification may be used with mixed or\nsorted plastics.\nHow mature is it? While technologies such as pyrolysis and gasification\nare mature, their use in plastic recycling is relatively new, due in part\nto the low cost of virgin plastic material and the challenges associated\nwith recycling contaminated or complex plastic products. Conversion\nis currently the most mature of the chemical recycling technologies,\nwith several companies using pyrolysis, and at least one company\nusing gasification on a commercial scale. Several companies are also\ndeveloping, or are in the initial phases of piloting, thermal and chemical\ndecomposition. Purification is the least mature chemical recycling\ntechnology, although research into it is ongoing. Advanced sorting\ntechnologies vary in maturity, with molecular vibrations for material\nidentification already in use, and artificial intelligence sorting still under\ndevelopment.\n/// OPPORTUNITIES\n■ Resource conservation. Chemical recycling can produce raw\nmaterials of virgin quality, thereby decreasing demand for fossil fuels\nand other natural resources.\n■ Reduced landfill use. A significant amount of plastic waste ends\nup in landfills. New technologies could reduce the need for landfills,\nwhich may reduce the release of harmful chemicals into the\nenvironment.\n■ New markets. Developing advanced recycling technologies could\npromote domestic business and employment. Chemical recycling\ncreates a market for plastic waste and a new way to reuse some\nplastics.\n/// CHALLENGES\n■ Adoption hurdles. Companies looking to use chemical recycling\nmay face several hurdles, including process and technology\nchallenges, high startup and operating costs, underdeveloped\ndomestic markets for recycled products, and limited incentives for\nrecycling innovation and investment.\n■ Suitability. Chemical recycling may not be suitable for all types of\nplastic, particularly when polymer chains are irreversibly bonded\ntogether.\nGAO SUPPORT:\nGAO meets congressional information needs in several ways, including by providing\noversight, insight, and foresight on science and technology issues. GAO staff are available\nto brief on completed bodies of work or specific reports and answer follow-up questions.\nGAO also provides targeted assistance on specific science and technology topics to support\ncongressional oversight activities and provide advice on legislative proposals.\nFor more information, contact: Karen L. Howard at (202) 512-6888 or howardk@gao.gov.\nStaff Acknowledgments: Sushil Sharma (Assistant Director), Nirmal Chaudhary\n(Analyst-in-Charge), Angelica Aboulhosn, Xiang Bi, Lena Keesecker, Anika McMillon,\nand Kristen Pinnock.\n■ Competition. Virgin plastics are typically cheaper to produce than\nrecycled plastics, in part due to transportation costs and limited\nrecycling infrastructure, making it hard for recycling processes to\ncompete.\n/// POLICY CONTEXT AND QUESTIONS\nWith the volume of plastic waste expected to grow over time, some key\nquestions for policymaker consideration include:\n■ What steps could the federal government, states, and other\nstakeholders take to further incentivize chemical recycling rather\nthan disposal? What are the potential benefits and challenges of\nthese approaches?\n■ What steps could policymakers take to support a transition\ntoward a circular economy, including innovation and investment in\nmanufacturing and recycling capacity?\n■ What might policymakers do to promote advanced recycling\ntechnologies while also reducing the hazards associated with\nexisting plastic production and recycling methods?\n/// SELECTED GAO WORK\n■ Recycling: Building on Existing Federal Efforts Could Help Address\nCross-Cutting Challenges, GAO-21-87.\n■ Science & Tech Spotlight: Consumer Electronics Recycling,\nGAO-20-712SP.\n■ Marine Debris: Interagency Committee Members Are Taking Action,\nbut Additional Steps Could Enhance the Federal Response,\nGAO-19-653.\n/// SELECTED REFERENCES\nBrems, A., Dewil, R., Baeyens, J., and R. Zhang. “Gasification of plastic waste as waste-to-\nenergy or waste-to-syngas recovery route.” Natural Science, vol. 5, (2013): pp. 695–704.\nHopewell, J., Dvorak, R., and E. Kosior. “Plastics recycling: challenges and opportunities.”\nPhil. Trans. R. Soc. B, vol. 364, (2009): pp. 2115-2126.\nSolis, M., and S. Silveira. “Technologies for chemical recycling of household plastics – A\ntechnical review and TRL assessment.” Waste Management, vol. 105, (2020): pp. 128–138.\nThis document is not an audit product and is subject to revision based on continued\nadvances in science and technology. It contains information prepared by GAO to provide\ntechnical insight to legislative bodies or other external organizations. This document has\nbeen reviewed by the Chief Scientist of the U.S. Government Accountability Office.\nThis is a work of the U.S. government and is not subject to copyright protection in\nthe United States. The published product may be reproduced and distributed in its\nentirety without further permission from GAO. However, because this work may contain\ncopyrighted images or other material, permission from the copyright holder may be\nnecessary if you wish to reproduce this material separately.\nGAO-21-105317 Advanced Plastic Recycling","truncated":false,"body_characters":15770}