Faxback 11142

9441.1986(27)


United States Environmental Protection Agency

April 2, 1986

Mr. Lean E. Lataille
Senior Environmental Scientist
Mabbett, Capaccio, and Associates, Inc.
2067 Massachusetts Avenue
Cambridge, Massachusetts 02140

Dear Mr. Lataille:

This is in response to your letter dated March 12, 1986,
concerning the regulatory status of off-spec and broken mercury
thermometers that are reclaimed under the Resource Conservation
and Recovery Act hazardous waste rules. In general, these off-
spec and broken mercury thermometers are not subject to any of
the hazardous waste regulations. In particular, the hazardous
waste regulations indicate that commercial chemical products
1/that are reclaimed are not solid wastes. Since a material must
be a solid waste in order that it be hazardous, they are not
defined as a hazardous waste. The mercury thermometers (as I
understand) are unused products that are either off-spec or are
broken during the manufacturing process; thus, these thermometers
are defined as commercial chemical products. Therefore, these
mercury thermometers are not subject to the RCRA hazardous waste
rules.

You should be aware, however, that States may choose to
regulate these materials when they are sent for reclamation.
Therefore, you need to contact representative in the State
hazardous waste program to determine the regulatory status of
these off-spec and broken mercury thermometers under the State
hazardous waste rules.

Please feel free to give me a call at (202) 475-8551 if I
can be of any further assistance.

Sincerely,

Matthew A. Straus, Chief
Waste Identification Branch