40 CFR § 265.1061 - Alternative standards for valves in gas/vapor service or in light liquid service: percentage of valves allowed to leak.
---
identifier: "/us/cfr/t40/s265.1061"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 265.1061 - Alternative standards for valves in gas/vapor service or in light liquid service: percentage of valves allowed to leak."
title_number: 40
title_name: "Protection of Environment"
section_number: "265.1061"
section_name: "Alternative standards for valves in gas/vapor service or in light liquid service: percentage of valves allowed to leak."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "I"
subchapter_name: "SOLID WASTES"
part_number: "265"
part_name: "INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 6905, 6906, 6912, 6922, 6923, 6924, 6925, 6935, 6936, 6937, and 6939g."
regulatory_source: "45 FR 33232, May 19, 1980, unless otherwise noted."
cfr_part: "265"
---
# 265.1061 Alternative standards for valves in gas/vapor service or in light liquid service: percentage of valves allowed to leak.
(a) An owner or operator subject to the requirements of § 265.1057 may elect to have all valves within a hazardous waste management unit comply with an alternative standard which allows no greater than 2 percent of the valves to leak.
(b) The following requirements shall be met if an owner or operator decides to comply with the alternative standard of allowing 2 percent of valves to leak:
(1) A performance test as specified in paragraph (c) of this section shall be conducted initially upon designation, annually, and at other times requested by the Regional Administrator.
(2) If a valve leak is detected, it shall be repaired in accordance with § 265.1057 (d) and (e).
(c) Performance tests shall be conducted in the following manner:
(1) All valves subject to the requirements in § 265.1057 within the hazardous waste management unit shall be monitored within 1 week by the methods specified in § 265.1063(b).
(2) If an instrument reading of 10,000 ppm or greater is measured, a leak is detected.
(3) The leak percentage shall be determined by dividing the number of valves subject to the requirements in § 265.1057 for which leaks are detected by the total number of valves subject to the requirements in § 265.1057 within the hazardous waste management unit.
[55 FR 25512, June 21, 1990, as amended at 71 FR 16912, Apr. 4, 2006]