---
kind: "section"
citation: "40 C.F.R. § 273.4"
title: "40"
number: "273.4"
heading: "Applicability—Mercury-containing equipment."
url: "https://uscodex.org/cfr/40/273.4"
---

# §273.4. Applicability—Mercury-containing equipment.

- (a) **Mercury-containing equipment covered under this part 273.** The requirements of this part apply to persons managing mercury-containing equipment, as described in [§ 273.9](/cfr/40/273.9.md), except those listed in [paragraph (b)](#b) of this section.
- (b) **Mercury-containing equipment not covered under this part 273.** The requirements of this part do not apply to persons managing the following mercury-containing equipment:
  - (1) **Mercury-containing equipment that is not yet a waste under part 261 of this chapter.** [Paragraph (c)](#c) of this section describes when mercury-containing equipment becomes a waste;
  - (2) **Mercury-containing equipment that is not a hazardous waste.** Mercury-containing equipment is a hazardous waste if it exhibits one or more of the characteristics identified in [part 261](/cfr/40/part261.md), [subpart C](/cfr/40/subpartC.md) of this chapter or is listed in [part 261](/cfr/40/part261.md), [subpart D](/cfr/40/subpartD.md) of this chapter; and
  - (3) **Equipment and devices from which the mercury-containing components have been removed.**
- (c) **Generation of waste mercury-containing equipment.**
  - (1) **Used mercury-containing equipment becomes a waste on the date it is discarded.**
  - (2) **Unused mercury-containing equipment becomes a waste on the date the handler decides to discard it.**

## Notes

### Amendments

[70 FR 45520, Aug. 5, 2005]

### Authority

Authority: 42 U.S.C. 6922, 6923, 6924, 6925, 6930, and 6937.

### Source

Source: 60 FR 25542, May 11, 1995, unless otherwise noted.

### Amendments

[70 FR 45520, Aug. 5, 2005]