40 CFR §273.4

1. (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.
2. (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. (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. (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. (3)Equipment and devices from which the mercury-containing components have been removed.
3. (c)Generation of waste mercury-containing equipment.
   1. (1)Used mercury-containing equipment becomes a waste on the date it is discarded.
   2. (2)Unused mercury-containing equipment becomes a waste on the date the handler decides to discard it.