---
kind: "section"
citation: "40 C.F.R. § 65.146"
title: "40"
number: "65.146"
heading: "Nonflare control devices used for equipment leaks only."
url: "https://uscodex.org/cfr/40/65.146"
---

# §65.146. Nonflare control devices used for equipment leaks only.

- (a) **Equipment and operating requirements.**
  - (1) Owners or operators using a nonflare control device to meet the applicable requirements in [§ 65.115(b)](/cfr/40/65.115.md?p=b) shall meet the requirements of this section.
  - (2) Control devices used to comply with the provisions of this subpart shall be operated at all times when emissions are vented to them.
- (b) **Performance test requirements.** A performance test is not required for any nonflare control device used only to control emissions from equipment leaks.
- (c) **Monitoring requirements.** Owners or operators of control devices that are used only to comply with the provisions of [§ 65.115(b)](/cfr/40/65.115.md?p=b) shall monitor these control devices to ensure that they are operated and maintained in conformance with their design. The owner or operator shall maintain the records as specified in [§ 65.163(d)](/cfr/40/65.163.md?p=d).

## Notes

### Authority

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

### Source

Source: 65 FR 78285, Dec. 14, 2000, unless otherwise noted.