Kiera Jefferson
Marine pollutants are defined by the US DOT as materials that contain an elevated concentration of one or more of the chemicals listed in 49 CFR 172.101, which is also known as the IMDG Code. This code is detailed in Appendix B of the Hazardous Materials Table. To be classified as a marine pollutant, two criteria must be met: the material must be listed in Appendix B, and its concentration must be at or above a certain percentage. The threshold for most materials is 10%, while for severe marine pollutants, it is 1%. Severe marine pollutants are designated by the letters PP in Appendix B. The International Maritime Organization's Dangerous Goods Code, or IMDG Code, defines a marine pollutant as a substance that is toxic to the aquatic environment when evaluated using specific test methods. Marine pollutants are indicated by the symbol P in the Dangerous Goods List or the MP column of the Code Index. The International Convention for the Prevention of Pollution from Ships, or MARPOL, is another important treaty aimed at preventing marine pollution by ships, with six technical annexes.
| Characteristics | Values |
|---|---|
| Name of the Appendix | Appendix B to § 172.101 List of Marine Pollutants |
| Number of Columns | 2 |
| First Column | S.M.P. (Severe Marine Pollutants) |
| Second Column | Marine Pollutant |
| Criteria for Marine Pollutant | The material is listed in Appendix B to the Hazardous Materials Table and if in a solution or mixture, the material is in a concentration of ≥10% for all materials listed or is ≥1% if identified as a severe marine pollutant |
| Criteria for Severe Marine Pollutant | Designated by the letters "PP" in Appendix B |
| Marking Requirement | The MARINE POLLUTANT mark shall be placed in association with the hazard warning labels or with the marked proper shipping name |
| International Convention | MARPOL (International Convention for the Prevention of Pollution from Ships) |
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What You'll Learn
Severe marine pollutants are listed with 'PP'
Marine pollutants are defined by the USDOT as hazardous materials when transported in commerce within the US. The USDOT refers to Appendix B of the Hazardous Materials Table found at 49 CFR 172.101. To be classified as a marine pollutant, two criteria must be met: the material must be listed in Appendix B, and if in a solution or mixture, the material must be in a concentration of ≥10% for all materials listed or ≥1% if identified as a severe marine pollutant.
Severe marine pollutants are designated by the letters "PP" in column 1 of Appendix B. This column, entitled "S.M.P." (for severe marine pollutants), identifies whether a material is a severe marine pollutant. If a material is listed in this column, it is considered a severe marine pollutant, and special regulations apply. These regulations include specific marking and packaging requirements for the transport of such pollutants. The transport vehicle or freight container carrying severe marine pollutants must be marked with the "Marine Pollutant" mark, which consists of a symbol of a fish and tree in black on a white or suitable contrasting background. This mark must be visible and displayed on at least two opposing sides or ends of the packaging.
Some examples of severe marine pollutants include acetaldehyde, alkylphenols, azinphos-methyl, benzaldehyde, bromobenzene, butanedione, butyl mercaptans, camphor oil, cyanides, and dimethyl disulphide. These substances are regulated due to their potential to cause significant harm to the aquatic environment.
It is important to note that the criteria for classifying marine pollutants may vary internationally. The International Maritime Organization's Dangerous Goods Code (IMDG Code) uses a different set of criteria to identify marine pollutants, focusing on the toxicity of substances to the aquatic environment.
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Regulations for marking freight containers
Marine pollutants are materials that pose a risk to aquatic ecosystems. These pollutants are classified as hazardous materials when transported in commerce within the US. The USDOT defines these pollutants and regulates their transportation.
The Code of Federal Regulations (CFR) is the official legal publication containing the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government. The CFR outlines the following regulations for marking freight containers:
Marking Requirements for Freight Containers
If a shipment contains a marine pollutant, it is required to communicate its presence on the shipping paper and packaging. If the marine pollutant is not identified by name in the shipping name, its name must appear in parentheses near the basic description. If there are two or more marine pollutants in the material, the names of at least two of the most hazardous marine pollutants must be listed. The words "Marine Pollutant" must appear near the description.
Marking Requirements for Bulk Packaging
A bulk packaging that contains a marine pollutant must be marked with the "MARINE POLLUTANT" mark on at least two opposing sides or two ends, excluding the bottom. If the packaging has a capacity of less than 3,785 L (1,000 gallons), the mark must be visible from the direction it faces. The mark should be displayed in black lettering on a square-on-point configuration, with the same dimensions as a placard. If the packaging has a capacity of 3,785 L (1,000 gallons) or more, it must be marked on each end and side with the "MARINE POLLUTANT" mark, visible from the direction it faces.
The MARINE POLLUTANT Mark
The "MARINE POLLUTANT" mark consists of a symbol of a fish and tree in black on a white or suitable contrasting background. The marking must be in the form of a square-on-point, with a black border. The width of the border forming the square-on-point marking must be at least 2 mm. Each side of the mark must be:
- At least 100 mm (3.9 inches) for non-bulk packages, except for smaller packages that cannot accommodate larger marks.
- At least 250 mm (9.8 inches) for all other bulk packages.
Appendix B to § 172.101
Appendix B to § 172.101 contains the list of marine pollutants. This appendix has two columns. The first column, "S.M.P." (Severe Marine Pollutants), indicates whether a material is a severe marine pollutant with the letters "PP." The second column, "Marine Pollutant," lists the marine pollutants. If a material not listed in this appendix meets the criteria for a marine pollutant as provided in the IMDG Code, it may be transported as a marine pollutant following the applicable requirements.
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Marine pollutants in the International Maritime Dangerous Goods Code
Marine pollutants are materials that pose a risk to aquatic ecosystems. The International Maritime Dangerous Goods Code (IMDG Code) identifies marine pollutants with a “P” symbol in column 4 of the dangerous goods list in Chapter 3.2. Additionally, some marine pollutants are only identified in the alphabetical index of the IMDG Code. These are pollutants that have not been assigned to an N.O.S. or generic entry.
The IMDG Code provides guidelines for the proper packaging, marking, labelling, and transportation of dangerous goods and marine pollutants. All dangerous goods and marine pollutants must be transported in authorised packaging, Intermediate Bulk Containers (IBCs), and Tanks, adhering to quantity limitations and relevant provisions of the IMDG Code. Every package, IBC, container, and tank carrying marine pollutants must be marked with the environmentally hazardous substance mark—a black fish and tree symbol on a white or contrasting colour background, set within a square at a 45-degree angle, forming a diamond shape.
When shipping marine pollutants by sea, the technical name of the pollutant and the term "MARINE POLLUTANT" must be included in the dangerous goods descriptions. The IMDG Code also specifies that when transporting marine pollutants in tank containers, the degree of filling is determined by the hazard involved during transport and the coefficient of expansion of the liquid. The formula for calculating the degree of filling is provided in Section 4.2.1.9.3 of the IMDG Code.
It is important to note that the presence of a marine pollutant in a shipment must be communicated on the shipping paper and packaging. If the marine pollutant is not identified by name in the proper shipping name, its name must appear in parentheses near the basic description. Additionally, shipments of marine pollutants by motor vehicle, rail car, or aircraft that are also subject to specific oil-related requirements may be exempt from certain labelling requirements.
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The MARPOL Convention and its prevention of marine pollution
Marine pollution is a pressing issue that has garnered international attention. The International Convention for the Prevention of Pollution from Ships, or MARPOL, is a pivotal international treaty geared toward curbing marine pollution from ships, encompassing both operational and accidental causes. The MARPOL Convention was initially adopted on 2nd November 1973, and its Protocol was modified in 1978 following a series of tanker accidents in the preceding years.
The MARPOL Convention is underpinned by six technical annexes, each addressing distinct categories of pollutants and regulations to mitigate pollution from ships. These annexes have been ratified by the requisite number of nations, reflecting a global commitment to tackling marine pollution.
MARPOL Annex I, which entered into force on 2nd October 1983, specifically targets the discharge of oil into the ocean. It incorporates design specifications for tankers to minimize oil discharge during routine operations and accidents. Additionally, it provides guidelines for treating engine room bilge water and managing ballast and tank cleaning waste.
Annex II of the convention covers the International Bulk Chemical Code (IBC Code) in conjunction with the SOLAS Convention's Chapter 7. This annex sets forth requirements for the packing, marking, labelling, documentation, stowage, and quantity limitations of harmful substances to prevent pollution.
Annex V, which came into force on 31st December 1988, addresses the prevention of pollution by garbage from ships. It specifies permissible distances from land for waste disposal and categorizes different types of garbage and marine debris. Notably, it imposes a comprehensive ban on dumping plastic into the ocean.
Annex VI, the most recent addition that took effect in May 2005, focuses on regulating air pollution emitted by ships. This annex targets the emission of ozone-depleting substances, nitrogen oxides, sulfur oxides, and volatile organic compounds. It also mandates the establishment of reception facilities for various wastes and the enhancement of fuel oil quality.
The MARPOL Convention has been instrumental in fostering international cooperation to address marine pollution. It empowers countries to certify their ships' compliance with its standards and conduct examinations of visiting ships to ensure adherence to international norms. As of January 2018, 156 states are parties to the convention, representing 99.42% of the world's shipping tonnage.
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Hazardous materials and their shipping requirements
Marine pollutants are regulated as hazardous materials when transported in commerce within the US. The Hazardous Materials Table, found in Appendix B to § 172.101, contains a list of marine pollutants. This appendix includes two columns: the first, titled "S.M.P." (severe marine pollutants), identifies whether a material is an SMP; the second, "Marine Pollutant", lists the marine pollutants. If a material is not listed in this appendix but meets the criteria for a marine pollutant, it may still be transported as one, in accordance with the applicable requirements.
The transportation of hazardous materials is subject to strict regulations. These include the correct classification, packaging, marking, labelling, and shipping documentation. The US Department of Transportation (DOT) has established specific transportation hazard classification criteria based on chemical and physical properties, such as flammability, corrosivity, and toxicity.
Before shipping hazardous materials, it is the shipper's responsibility to ensure the correct hazard communications are in place. This includes marks, labels, and shipping documentation. The DOT's Hazardous Materials Table contains references to the appropriate packaging sections, quantity limitations, and any special provisions or exceptions. The table also includes the label codes and basic descriptions for hazardous materials. The DOT's hazmat regulations provide classification criteria that manufacturers, shippers, and others can use to classify hazardous materials. Certain types of hazardous materials, such as explosives, require approval from the Pipeline and Hazardous Materials Safety Administration (PHMSA) before shipment.
Additionally, the shipper must prepare a shipping paper that contains a description of the hazardous material, including the UN identification number, proper shipping name, hazard class, packing group, quantity, number and type of packages, emergency contact information, and a shipper's certification. For transportation by highway, if a transport vehicle contains hazardous materials for which a shipping paper is required, and the vehicle is separated from its motive power and parked away from the facility, the carrier must mark the vehicle with the telephone number of the motor carrier, or have the shipping paper and emergency response information readily available on the vehicle.
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Frequently asked questions
A marine pollutant is defined by USDOT as a hazardous material when transported in commerce within the US.
The marine pollutants list is contained in Appendix B to § 172.101.
Severe marine pollutants are those materials listed in Appendix B that contain the letters "PP" in column 1.
