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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #19-0071

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

Interpretation Response Details

Response Publish Date:

Company Name: ResinLab

Individual Name: Andrea Florin

Location State: WI Country: US

View the Interpretation Document

Response text:

September 3, 2019

Andrea Florin
Regulatory Affairs Specialist
N109 W13300 Ellsworth Drive
Germantown, WI 53022

Reference No. 19-0071

Dear Ms. Florin:

This letter is in response to your June 4, 2019, letter and subsequent phone conversations requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to marine pollutants. You state that your company currently classifies the liquid Epoxy Resin as "UN3082, Environmentally hazardous substances, liquid, n.o.s., Class 9, PG III." You also state that the Globally Harmonized System identifies this material as "aquatic chronic 2," toxic to aquatic life with long lasting effects. You note that there is inconsistency in the industry as to whether the material is classified as “UN3082” based on its identification as a marine pollutant.

Specifically, you ask whether it is permissible to transport mixtures containing Epoxy Resin (CAS 25068-38-6: Bisphenol-A-(epichlorohydrin) epoxy resin) as a non-regulated material for domestic purposes because it does not appear in the HMR under Appendix B to § 172.101 – List of Marine Pollutants.

The answer to your question is yes. The material is not listed under the List of Marine Pollutants in Appendix B to § 172.101 of the HMR, and therefore is not regulated as a marine pollutant for domestic transportation. Note 4 of Appendix B states: If a material is not listed in this appendix and meets the criteria for a marine pollutant as provided in Chapter 2.9 of the International Maritime Dangerous Goods Code (IMDG Code), the material may be transported as a marine pollutant in accordance with the applicable requirements of this subchapter. The category identified as "aquatic chronic 2" is one of the criteria shown in Chapter 2.9 of the IMDG Code that leads to the classification as a marine pollutant. Therefore, the material may be classified as such for domestic transportation according to the HMR. This classification is a permissive one, but is not required for domestic transportation.

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


Regulation Sections

Section Subject
172.101 Purpose and use of hazardous materials table