section_subject: "Variances to be classified as a boiler."
cfr_reference: "40 CFR 260.32"
title_name: "Title 40"
title_subject: "Protection of Environment"
parts_covered: "Parts 260 to 265"
revised_date: "Revised as of July 1, 2019"
publication_date: "As of July 1, 2019"
contains_description: "Containing a codification of documents of general applicability and future effect"
publication_info: "Published by the Office of the Federal Register National Archives and Records Administration as a Special Edition of the Federal Register"
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In accordance with the standards and criteria in § 260.10 (definition of “boiler”), and the procedures in § 260.33, the Administrator may determine on a case-by-case basis that certain enclosed devices using controlled flame combustion are boilers, even though they do not otherwise meet the definition of boiler contained in § 260.10, after considering the following criteria:
(a)The extent to which the unit has provisions for recovering and exporting thermal energy in the form of steam, heated fluids, or heated gases; and
(b)The extent to which the combustion chamber and energy recovery equipment are of integral design; and
(c)The efficiency of energy recovery, calculated in terms of the recovered energy compared with the thermal value of the fuel; and
(d)The extent to which exported energy is utilized; and
(e)The extent to which the device is in common and customary use as a “boiler” functioning primarily to produce steam, heated fluids, or heated gases; and