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Interpretation Response #18-0077

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: ICL-IP America, Inc

Individual Name: Levi Howell

Location State: WV Country: US

View the Interpretation Document

Response text:

December 12, 2018

Levi Howell
Regulatory Affairs Specialist
ICL-IP America, Inc.
11636 Huntington Road
Gallipolis Ferry, WV  25515

Reference No. 18-0077

Dear Mr. Howell:

This letter is in response to your May 17, 2018, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to marine pollutants. You describe two products classified as “UN3077, Environmentally hazardous substance, solid, n.o.s., 9, III, Marine Pollutant” and “UN3082, Environmentally hazardous substance, liquid, n.o.s., 9, III, Marine Pollutant,” respectively. You state these products do not meet any other hazard class and ask if they are subject to the HMR when shipped in non-bulk or bulk packages by motor vehicle, rail car, or aircraft.

In accordance with § 171.4, non-bulk packages of marine pollutants are not subject to the HMR when transported via highway, rail, or aircraft. However, the HMR regulate bulk packages of a marine pollutant transported in commerce as a hazardous material. For domestic transportation by all modes, a marine pollutant in a bulk quantity that meets the hazard class definition for a Class 9 material (see § 173.140) must be accompanied by a shipping paper and packaged, marked, and labeled in compliance with the HMR, but it is not required to be placarded (see § 172.504(f)(9)). However, a bulk packaging must be marked with the appropriate identification number on a CLASS 9 placard, an orange panel, or a white square-on-point display configuration as required by subpart D of part 172. Additionally, a marine pollutant meeting the definition of any other hazard class must comply with the applicable requirements in the HMR for shipping papers, packaging, marking, labeling, and placarding for each hazard class, as appropriate.

I hope this information is helpful. Please contact us if we can be of further assistance.


T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

171.4, 173.140, 172.504(f)(9), 172

Regulation Sections

Section Subject
171.4 Marine pollutants
172.504 General placarding requirements