40 CFR § 65.146 - Nonflare control devices used for equipment leaks only.

---
identifier: "/us/cfr/t40/s65.146"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 65.146 - Nonflare control devices used for equipment leaks only."
title_number: 40
title_name: "Protection of Environment"
section_number: "65.146"
section_name: "Nonflare control devices used for equipment leaks only."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "C"
subchapter_name: "AIR PROGRAMS"
part_number: "65"
part_name: "CONSOLIDATED FEDERAL AIR RULE"
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. 7401"
regulatory_source: "65 FR 78285, Dec. 14, 2000, unless otherwise noted."
cfr_part: "65"
---


# 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) 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) 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).