40 C.F.R. § 273.4

Applicability—Mercury-containing equipment

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(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]

Notes of Decisions

Cited in 3 cases, 2015–2020 · leading case: Citizens Against the Landfill in Hempstead Michael McCall Wayne Knox & the City of Hempstead v. Texas Comm'n on Env't Quality & Pintail Landfill, L.L.C. (Tex. App. 2015).

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Citizens Against the Landfill in Hempstead Michael McCall Wayne Knox & the City of Hempstead v. Texas Comm'n on Env't Quality & Pintail Landfill, L.L.C. (Tex. App. 2015). · cites it 2× “3 ; (C) thermostats, as described in 40 CFR § 273.4 ; (D) paint and paint-related waste, as described in § 335.”

MidAmerica, Inc. v. Bierlein Companies, Inc. (W.D. Ark. 2020). “See 40 C.F.R. § 273.4 , § 273.9; Ark. Environmental Reg.”

Joe McHaney D/B/A Envirosol Env't Servs. v. Texas Comm'n on Env't Quality (Tex. App. 2015). “3 ; (iii) thermostats as described in 40 CFR § 273.4 ; (iv) paint and paint-related waste as described in § 335.”

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