---
kind: "section"
citation: "40 C.F.R. § 61.135"
title: "40"
number: "61.135"
heading: "Standard: Equipment leaks."
url: "https://uscodex.org/cfr/40/61.135"
---

# §61.135. Standard: Equipment leaks.

- (a) Each owner or operator of equipment in benzene service shall comply with the requirements of [40 CFR part 61](/cfr/40/part61.md), [subpart V](/cfr/40/subpartV.md), except as provided in this section.
- (b) The provisions of [§ 61.242-3](/cfr/40/61.242-3.md) and [§ 61.242-9](/cfr/40/61.242-9.md) of [subpart V](/cfr/40/subpartV.md) do not apply to this subpart.
- (c) Each piece of equipment in benzene service to which this subpart applies shall be marked in such a manner that it can be distinguished readily from other pieces of equipment in benzene service.
- (d) Each exhauster shall be monitored quarterly to detect leaks by the methods specified in [§ 61.245(b)](/cfr/40/61.245.md?p=b) except as provided in [§ 61.136(d)](/cfr/40/61.136.md?p=d) and [paragraphs (e)-(g)](#e..g) of this section.
  - (1) If an instrument reading of 10,000 ppm or greater is measured, a leak is detected.
  - (2) When a leak is detected, it shall be repaired as soon as practicable, but no later than 15 calendar days after it is detected, except as provided in § [61.242-10 (a)](/cfr/40/61.242-10.md?p=a) and [(b)](/cfr/40/61.242-10.md?p=b). A first attempt at repair shall be made no later than 5 calendar days after each leak is detected.
- (e) Each exhauster equipped with a seal system that includes a barrier fluid system and that prevents leakage of process fluids to the atmosphere is exempt from the requirements of [paragraph (d)](#d) of this section provided the following requirements are met:
  - (1) **Each exhauster seal system is—**
    - (i) Operated with the barrier fluid at a pressure that is greater than the exhauster stuffing box pressure; or
    - (ii) Equipped with a barrier fluid system that is connected by a closed vent system to a control device that complies with the requirements of [§ 61.242-11](/cfr/40/61.242-11.md); or
    - (iii) Equipped with a system that purges the barrier fluid into a process stream with zero benzene emissions to the atmosphere.
  - (2) **The barrier fluid is not in benzene service.**
  - (3) Each barrier fluid system shall be equipped with a sensor that will detect failure of the seal system, barrier fluid system, or both.
  - (4)
    - (i) Each sensor as described in [paragraph (e)(3)](#e-3) of this section shall be checked daily or shall be equipped with an audible alarm.
    - (ii) The owner or operator shall determine, based on design considerations and operating experience, a criterion that indicates failure of the seal system, the barrier fluid system, or both.
  - (5) If the sensor indicates failure of the seal system, the barrier system, or both (based on the criterion determined under [paragraph (e)(4)(ii)](#e-4-ii) of this section), a leak is detected.
  - (6)
    - (i) When a leak is detected, it shall be repaired as soon as practicable, but not later than 15 calendar days after it is detected, except as provided in [§ 61.242-10](/cfr/40/61.242-10.md).
    - (ii) A first attempt at repair shall be made no later than 5 calendar days after each leak is detected.
- (f) An exhauster is exempt from the requirements of [paragraph (d)](#d) of this section if it is equipped with a closed vent system capable of capturing and transporting any leakage from the seal or seals to a control device that complies with the requirements of [§ 61.242-11](/cfr/40/61.242-11.md) except as provided in [paragraph (g)](#g) of this section.
- (g) Any exhauster that is designated, as described in [§ 61.246(e)](/cfr/40/61.246.md?p=e) for no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, is exempt from the requirements of [paragraph (d)](#d) of this section if the exhauster:
  - (1) Is demonstrated to be operating with no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, as measured by the methods specified in [§ 61.245(c)](/cfr/40/61.245.md?p=c); and
  - (2) Is tested for compliance with [paragraph (g)(1)](#g-1) of this section initially upon designation, annually, and at other times requested by the Administrator.
- (h) Any exhauster that is in vacuum service is excluded from the requirements of this subpart if it is identified as required in [§ 61.246(e)(5)](/cfr/40/61.246.md?p=e-5).

## Notes

### Source

Source: 54 FR 38073, Sept. 14, 1989, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 7401 et seq.

### Source

Source: 38 FR 8826, Apr. 6, 1973, unless otherwise noted.