Marine pollutant, means a material which is listed in appendix B to the Code of Federal Regulations Transportation (49) Part 172.101 (also see Part 171.4) and, when in a solution or mixture of one or more marine pollutants, is packaged in a concentration which equals or exceeds:
Ten percent by weight of the solution or mixture for materials listed in the appendix; or
One percent by weight of the solution or mixture for materials that are identified as severe marine pollutants in the appendix of the Code of Federal Regulations Transportation (49).