This is a question from a customer of mine. I had provided them with HazMat Employee Training (to meet USDOT regulations), training for the shippers and packers of dangerous goods by air as required by the International Air Transport Association (IATA) and also training for shore-based personnel for dangerous goods by vessel per the International Maritime Organization (IMO). Afterwards, they had some questions for me about specific shipping challenges. Like all of my customers, I happily answered their questions at no cost. For this particular question the customer had already sent me a Safety Data Sheet (SDS) for the product they wished to ship. We had had a brief telephone conversation where I informed them the product was a marine pollutant and was subject to an exception.
My reply the same day:
- USDOT, IMO, & IATA have an exception from regulation specific to Marine Pollutants if they are below 5 kg/5 L per package.
- The exception is not referenced in the SDS. It can be found as follows:
- 49 CFR 171.4 of the USDOT HMR.
- Special Provision A197 of the IATA DGR, referenced from 184.108.40.206.
- 220.127.116.11 of the IMO Dangerous Goods Code.
- The exception would apply to any substance that meets the criteria for a marine pollutant. The exception only applies to it as a a marine pollutant and does not except it from any other regulations. For example, if a marine pollutant is also a Class 3 Flammable Liquid, it may be subject to the above marine pollutant exception but would remain regulated as a Class 3 Flammable Liquid.
- The marine pollutant exception has nothing to do with the limited quantity exception. The ‘G’ in the Dangerous Goods List only applies if you are shipping the HazMat as a limited quantity.
Some follow-up from the customer:
You are correct. Sequence is:
- Classify to determine if HazMat/dangerous good.
- If yes, determine if exception applies. In this case, both the marine pollutant exception and the limited quantity exception apply.
- Choose exception to use or ship as fully regulated HazMat.
- If shipping per marine pollutant exception, then material is not regulated (i.e. not HazMat/dangerous good) as long as you comply with the requirements of the exception.
- The gross package weight limits of the limited quantity exception only apply if you choose to use that exception. You are not doing that in this case.
Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail
International and Domestic
Daniels Training Services, Inc.