How to Classify Hazmat Marine Pollutants

When you ship hazardous materials, identifying “marine pollutants” is one important part of the hazmat classification process. A marine pollutant, in this context, is a material considered especially harmful to aquatic life due to its chemical properties or ingredients. 

Packages that contain marine pollutants can be subject to additional requirements related to package markings and/or shipping papers. Failure to comply with these additional requirements can lead to stalled or rejected shipments, fines for noncompliance with 49 CFR or IMDG Code regulations, or unintentional environmental damage from a spill or release. 

Download the free whitepaper Classifying Hazmat: Marine Pollutants here.
 

Marine Pollutants: Exceptions for Smaller Packages 

Before diving in to the rules or classifying marine pollutants, shippers should take note of some widely applicable exceptions written into the regulations. The following are excepted from the requirements for marine pollutants: 

• Non-bulk packages transported by motor vehicle or rail 
• Single packaging containing a net quantity of 5 L or less (for liquids) or 5 kg or less (for solids) and transported by any mode
• Combination packagings with inner receptacles all containing 5 L or less (for liquids) or 5 kg or less (for solids) and transported by any mode

Exceptions related to marine pollutants can be found in 49 CFR 171.4, IMDG Code 2.10.2.7, and IATA DGR 4.4. 

Marine Pollutants by Highway and Rail 

To identify marine pollutants for ground transport (i.e., transport by highway or rail), shippers will utilize the US DOT Hazardous Materials Regulations (HMR) found in 49 CFR Parts 171—181, et al. 

The HMR lists marine pollutant materials in an Appendix to the Hazmat Table at 49 CFR Part 172.101. The appendix lists more than 500 materials, including anhydrous ammonia, Aldrin, chlorine, perchloroethylene (PCE), and turpentine. 

Marine Pollutants in Mixtures and Solutions (49 CFR) 

Listed materials are marine pollutants when shipped in their pure form and in mixtures or solutions at certain concentrations. When shipped in a mixture or solution, the mixture or solution is a marine pollutant if it contains: 

• 1 or more listed pollutants in a concentration of 10% or greater, or 
• 1 or more severe marine pollutants in a concentration of 1% or greater. 

On the list of marine pollutants in 49 CFR 172.101, severe marine pollutants—those that pose the most acute environmental threat—are listed with the letters “PP” in column 1.  Below is an excerpt from the Appendix to 172.101 listing marine pollutants: 

Marine Pollutants by Vessel 

The steps for classifying a marine pollutant for transportation by vessel can be more complex than for highway or rail, and generally will require compliance with the International Maritime Dangerous Goods Code or IMDG Code. 

The IMDG Code lists regulated hazardous materials or “dangerous goods” in Chapter 3.2. On that list, marine pollutants are identified with a “P” symbol in column 4. In addition, the IMDG Code lists substances as marine pollutants in the Index (and only in the Index). Shippers should be aware and check the Index for more listings that are not immediate apparent from the list in IMDG Code 3.2. 

Marine Pollutants in Mixtures and Solutions (IMDG Code) 

Unlike 49 CFR, which sets concentration levels for classifying mixtures or solutions as marine pollutants, the IMDG Code provides detailed test criteria that shippers must apply to determine if their material is subject to additional regulation. The test criteria are found in IMDG Code 2.9.3.

It is important to note that US DOT allows shippers to abide by IMDG Code regulations for identifying and shipping marine pollutants if all or part of the trip is by vessel, including for the “ground” leg of the trip. By authorizing compliance with international requirements for the entire journey, DOT/PHMSA prevents the confusion at ports, during package acceptance and loading, etc. 

Key Takeaways 

Accurate classification of marine pollutants is essential to keep hazmat shipments moving efficiently and in compliance with US and global regulations. Failure to identify and properly communicate these shipments can cause delayed and rejected shipments, costly civil penalties for noncompliance, and extensive liability for environmental contamination. 

Employees who prepare hazmat shipments for transportation must have training to recognize situations in which unique provisions of US or international regulations will apply, such as the rules for marine pollutants. Organizations without a strong background in the 49 CFR or IMDG Code regulations can easily overlook minor requirements and make mistakes that add needless costs, damage reputations, and threaten the environment. 

Hazmat Training to Stay Compliant and Competitive

Hazardous materials professionals provide value for organizations around the world every day. Effective compliance with U.S. and international hazmat regulations creates a competitive edge for shippers, especially when cargo space is in high demand, strong relationships with carriers are crucial to success, and good stewardship is essential for maintaining a positive business reputation.

Find hazmat training for managers and employees at any level of experience or responsibility at Lion.com/Hazmat.