[Federal Register Volume 88, Number 72 (Friday, April 14, 2023)]
[Notices]
[Pages 23140-23143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07869]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2022-0111 (Notice No. 2022-14)]


Hazardous Materials: Request for Feedback on Recycled Plastics 
Policy

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), 
Department of Transportation (DOT).

ACTION: Notice; request for information.

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SUMMARY: PHMSA is publishing this notice to: (1) solicit information 
pertaining to how the potential use of recycled plastic resins in the 
manufacturing of specification packagings may affect hazardous 
materials transportation safety; (2) ensure transparency of its current 
policy pertaining to the use of recycled plastics in the manufacturing 
of specification packagings; (3) seek input on this policy to better 
inform potential regulatory changes; and (4) gather information for the 
evaluation of future approval requests and to better inform decisions 
pertaining to potential regulatory revisions and other related work.

DATES: Interested parties are invited to submit comments on or before 
July 13, 2023. Comments received after that date will be considered to 
the extent possible.

ADDRESSES: You may submit comments identified by the Docket Number 
PHMSA-2022-0111 by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Management System; U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, Routing 
Symbol M-30, 1200 New Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Docket Management System; Room W12-140 on 
the ground floor of the West Building, 1200 New

[[Page 23141]]

Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except federal holidays.
    Instructions: All submissions must include the agency name and 
Docket Number (PHMSA-2022-0111) for this notice. To avoid duplication, 
please use only one of these four methods. All comments received will 
be posted without change to the Federal Docket Management System (FDMS) 
and will include any personal information you provide.
    Docket: For access to the dockets to read background documents or 
comments received, go to http://www.regulations.gov or DOT's Docket 
Operations Office (see ADDRESSES).
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public. DOT posts these comments, without edit, 
including any personal information the commenter provides, to http://www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at http://www.dot.gov/privacy.
    Confidential Business Information (CBI): CBI is commercial or 
financial information that is both customarily and actually treated as 
private by its owner. Under the Freedom of Information Act (FOIA) (5 
U.S.C. 552), CBI is exempt from public disclosure. If your comments 
responsive to this notice contain commercial or financial information 
that is customarily treated as private, that you actually treat as 
private, and that is relevant or responsive to this notice, it is 
important that you clearly designate the submitted comments as ``CBI.'' 
Please mark each page of your submission containing CBI as ``PROPIN.'' 
Submissions containing CBI should be sent to Ryan Larson, Standards and 
Rulemaking Division, 202-366-8553, Pipeline and Hazardous Materials 
Safety Administration, U.S. Department of Transportation, 1200 New 
Jersey Avenue SE, Washington, DC 20590-0001. Any commentary that PHMSA 
receives which is not specifically designated as CBI will be placed in 
the public docket for this notice.

FOR FURTHER INFORMATION CONTACT: Ryan Larson, Office of Hazardous 
Materials Safety, Standards and Rulemaking Division, 202-366-8553, 
email: [email protected], or Glenn Foster, Office of Hazardous 
Materials Safety, Standards and Rulemaking Division, 202-366-8553, 
email: [email protected], Pipeline and Hazardous Materials Safety 
Administration, U.S. Department of Transportation, 1200 New Jersey 
Avenue SE, Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

I. Purpose

    PHMSA is publishing this notice to (1) solicit information 
pertaining to how the potential use of recycled plastic resins in the 
manufacturing of specification packagings may affect hazardous 
materials transportation safety; (2) ensure transparency of its current 
policy pertaining to the use of recycled plastics in the manufacturing 
of specification packagings; (3) seek input on this policy to better 
inform potential regulatory changes; and (4) gather information for the 
evaluation of future approval requests and to better inform decisions 
pertaining to potential regulatory revisions and other related work.

II. Background

    Plastic production contributes to planet-warming greenhouse gas 
emissions at every point in its life cycle. The process of drilling for 
plastic's source materials (oil and gas) includes methane leaking and 
flaring, and is often combined with clearing forests and wetlands that 
otherwise would have sequestered carbon. In addition, greenhouse gases 
are created from the processes that turn oil and gas into plastic. The 
process of recycling materials--especially recycling plastics--plays a 
vital role in combating climate change and reducing the amount of 
plastic waste in landfills. For example, the Environmental Protection 
Agency (EPA) states on its website that in 2018, plastic generation 
totaled 35.7 million tons in the United States, which was 12.2 percent 
of the municipal solid waste.\1\
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    \1\ Plastics: Material-Specific Data [verbar] US EPA.
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    PHMSA is aware through its participation in the development of 
international standards and regulations that an increasing number of 
countries are interested in expanding the use of recycled plastics in 
plastic packagings manufactured for hazardous materials. For example, 
the European Commission is considering a proposal with minimum targets 
for recycled content in certain plastic packaging, such as 30 percent 
by 2030 and 65 percent by 2040.\2\
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    \2\ https://environment.ec.europa.eu/system/files/2022-11/Proposal%20for%20a%20Regulation%20on%20packaging%20and%20packaging%20waste.pdf.
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    Plastic packagings perform an integral role in ensuring that 
hazardous materials are transported safely and securely. Plastics are a 
vital source material for the manufacture of packaging used to 
transport hazardous materials around the world. Plastic is used to 
manufacture drums, jerricans, non-bulk composite packagings, and 
composite intermediate bulk containers (IBCs)--as well as some inner 
packagings that are part of combination packagings.
    Consistent with the Administration's goals of reducing climate 
pollution and reducing the effects of per- and poly-fluoroalkyl 
substances (PFAS) on communities across the United States,\3\ PHMSA is 
committed to taking actions that may extend the life cycle of existing 
plastic, including through reuse and recycling, and reduce the need for 
new plastics to limit the production of PFAS. Further, Section 207 of 
Executive Order 14057, ``Catalyzing Clean Energy Industries and Jobs 
Through Federal Sustainability,'' directs federal agencies to advance 
pollution prevention, support markets for recycled products, and 
promote a transition to a circular economy.\4\
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    \3\ FACT SHEET: Biden-Harris Administration Launches Plan to 
Combat PFAS Pollution [verbar] The White House.
    \4\ 86 FR 70935 (Dec. 8, 2021).
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    Increasing the use of recycled plastics in packagings is one 
potential avenue to innovate within this complex issue. Further, 
advances in technology and operational cleaning processes may allow for 
new plastic articles to maintain high levels of consistency in the 
quality of the plastics at a molecular level and offer the potential 
for growth in the use of recycled plastics, including for the 
manufacture of plastic packagings used for hazardous materials.

III. PHMSA's Current Policy on Recycled Plastics

    While PHMSA has been committed to increasing the use of recycled 
plastics in packaging, it has traditionally taken an approach that 
corresponded to its understanding of the industry's ability to 
implement sufficient quality control actions to maintain packaging 
standards. The Hazardous Materials Regulations (HMR; 49 CFR parts 171-
180) require approval from the Associate Administrator for Hazardous 
Materials Safety or a special permit to use recycled plastics in 
certain packagings \5\ to transport hazardous

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materials. See 49 CFR 107.105 and 107.705. PHMSA has not exempted 
plastic packagings manufactured from recycled plastic resins from 
applicable performance testing specifications as required by Part 178, 
Subparts M or O of the HMR. Since 1997, PHMSA has issued approximately 
10 approvals permitting manufacturers of plastic packagings to use 
recycled plastic resins provided strict controls are followed to ensure 
the quality of the packaging.\6\ These packagings have been permitted 
only for use at the Packing Group II and III levels, preventing their 
use for the hazardous materials posing the greatest risk (i.e., Packing 
Group I). Further, minimum thickness requirements for plastic 
packagings must still be followed in accordance with 49 CFR 
173.28(b)(4). Compatibility requirements for plastic packagings in 49 
CFR 173.24(e) are still applicable, ensuring appropriate compatibility 
with the lading and safe rates of packaging permeation. As such, only 
plastic resins that have been prepared and evaluated under a 
manufacturer's quality assurance program may be used in the manufacture 
of recycled plastic packagings.
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    \5\ In accordance with the HMR, no used material other than 
production residues or regrind from the same manufacturing process 
may be used in the manufacture of specification plastic packagings 
unless approved by the Associate Administrator. See Sec.  
178.509(b)(1) for plastic drums and jerricans, Sec.  178.522(b)(1) 
for composite packagings with inner plastic receptacles, Sec.  
178.707(c)(3)(iii) for composite IBCs, and Sec.  178.925(b)(3) for 
rigid plastic large packagings.
    \6\ Examples of PHMSA CAA approvals for recycled plastics are 
available online at:
    https://www.phmsa.dot.gov/hazmat/documents/approval/1_CA2012030016_2021125171.pdf/ApprovalsCA_19836_CAApproval-2d7175bc-0a37-413b-a95e-62b3cca6fa77
    https://www.phmsa.dot.gov/hazmat/documents/approval/1_CA2011030036_2020094986.pdf/ApprovalsCA_18946_CA-Approval-e329d08c-d80a-4ab3-ade0-82bbc4bd1205
    https://www.phmsa.dot.gov/hazmat/documents/approval/1_CA2011030038_2020095047.pdf/ApprovalsCA_18948_CA-Approval-40283db3-31c1-4cc8-bdaa-11309d6922f1.
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    In the approvals, PHMSA has required that all recycled material 
selected for use must be cleaned of residue from the prior lading. 
Further, batches of not more than 250,000 pounds must be sorted and 
selected using the manufacturer's quality assurance program. The 
quality assurance program must identify the sources of the recycled 
material, their previous lading, and their tested metrics in accordance 
with designated testing procedures. PHMSA has not been asked and does 
not anticipate a request for approval to use recycled material that 
previously contained a Division 6.1 (poisonous) material, material that 
does not conform to melt index and density test specifications, or 
material that is otherwise determined to be unsuitable according to the 
manufacturer's quality assurance program. PHMSA has further required 
manufacturers to verify that each batch of recycled plastic material 
has the proper melt flow rate and density, consistent with that of the 
design type manufactured from recycled material. In addition, PHMSA has 
required that each batch of recycled resin demonstrate the following 
characteristics:
    1. A melt index (HLMI), when tested in accordance with ASTM D-1238 
\7\ at 21.6 kg and 190 [deg]C, that does not exceed the following 
ranges:
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    \7\ ASTM D 1238-10: Standard Test Method for Flow Rates of 
Thermoplastics for Extrusion Plastometer.
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     An HLMI range of <4 must be within 1.5 grams 
per 10 minutes.
     An HLMI range of >=4 <8 must be within 2 grams 
per 10 minutes.
     An HLMI range of >8 <=12 must be within 2.5 
grams per 10 minutes.
    2. A density, when tested in accordance with either ASTM D-1505 \8\ 
or D-792,\9\ within the range of 0.960  0.02 g/cc.
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    \8\ ASTM D 1505-18: Standard Test Method for Density of Plastics 
by the Density-Gradient Technique.
    \9\ ASTM D 792-20: Standard Test Methods for Density and 
Specific Gravity (Relative Density) of Plastics by Displacement.
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    Lastly, all plastic packagings manufactured from recycled plastic 
resins under the approvals must be tested more frequently than those 
plastic packagings manufactured from virgin resins. As an example, the 
periodic testing of drums must occur at least every 12 months and 
periodic testing of jerricans must occur at least every 30 days.
    In anticipation of interested stakeholders considering the 
availability of approvals for packaging made from recycled plastics as 
they develop business plans, PHMSA is seeking input on ways to 
facilitate innovation and acceptance without compromising safety. 
Consequently, PHMSA is interested in learning whether any manufacturers 
have avoided adopting more recent recycling technologies in the use of 
recycled resins in plastic packaging manufacturing due to approval 
requirements. PHMSA is soliciting input on this issue to better guide 
its efforts in promoting increased use of recycled plastic resins in 
the manufacturing of specification packagings.

IV. Request for Feedback

    PHMSA requests comment on the following questions to assist in our 
evaluation of future approval requests and to better inform PHMSA-
supported research and development, and potential regulatory revisions:
    1. Are the controls (e.g., material characteristics, design and 
requalification testing, and manufacturers quality assurance program) 
in the current approvals adequate for broader adoption of recycled 
plastics? Are they too narrow or too burdensome? Are there additional 
controls that should be implemented to ensure safety while using 
recycled plastic resins?
    2. Do current cleaning processes for recycled plastic resins 
adequately remove all contaminants of the prior lading? What additional 
cleaning methods are being considered?
    3. What, if any, are the potential cost savings in using recycled 
resins? Has there been or is there an expected increase in demand for 
hazardous materials packaging containing recycled materials?
    4. What would be the climate impact of using more recycled resins?
    5. Should hazardous materials packagings composed of recycled 
plastic resins be limited to resins derived from used hazardous 
materials packagings (i.e., industrial packagings) or should other 
sources of plastics--such as plastics from consumer packagings--be 
allowed? How could PHMSA expand allowable materials sources in this 
area without adversely affecting the safety of packagings? What 
consensus standards are available to help facilitate this change in 
source materials?
    6. What research could PHMSA conduct to characterize potential 
risks of transporting hazardous materials in packagings made of 
recycled resins?
    7. Are there specific hazardous materials classes or divisions, 
including packing groups, that should not be allowed for use with 
recycled resins?
    8. Are the hazardous materials compatibility requirements of the 
HMR adequate for use with packagings made from recycled resins or 
should there be additional considerations? If so, what are these 
considerations?
    9. Should there be a limit to the number of times resins can be 
recycled, and if so, what should that limit be? How could PHMSA track 
this information?
    PHMSA is also interested in learning whether any manufacturers have 
avoided adopting more recent recycling technologies in the use of 
recycled resins in plastic packaging manufacturing due to approval 
requirements. PHMSA is soliciting input on this issue to better guide 
its efforts in promoting increased use of recycled plastic resins in 
the manufacturing of specification packagings.
    In conjunction with this notice, PHMSA is considering conducting a 
webinar to inform the public of its

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recycled plastics policy if there is sufficient feedback from this 
notice. Information regarding any future webinars will be made 
available on PHMSA's website at phmsa.dot.gov.

    Issued in Washington, DC, on April 10, 2023.
William S. Schoonover,
Associate Administrator for Hazardous Materials Safety, Pipeline and 
Hazardous Materials Safety Administration.
[FR Doc. 2023-07869 Filed 4-13-23; 8:45 am]
BILLING CODE 4910-60-P


