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40 CFR § 273.4 - Applicability—Mercury-containing equipment.

---
identifier: "/us/cfr/t40/s273.4"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 273.4 - Applicability—Mercury-containing equipment."
title_number: 40
title_name: "Protection of Environment"
section_number: "273.4"
section_name: "Applicability—Mercury-containing equipment."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "I"
subchapter_name: "SOLID WASTES"
part_number: "273"
part_name: "STANDARDS FOR UNIVERSAL WASTE MANAGEMENT"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 6922, 6923, 6924, 6925, 6930, and 6937."
regulatory_source: "60 FR 25542, May 11, 1995, unless otherwise noted."
cfr_part: "273"
---

# 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, except those listed in paragraph (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) 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, subpart C of this chapter or is listed in part 261, subpart D 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.

[70 FR 45520, Aug. 5, 2005]