§260.32. Variances to be classified as a boiler.
40 C.F.R. § 260.32
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:
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
The extent to which the combustion chamber and energy recovery equipment are of integral design; and
The efficiency of energy recovery, calculated in terms of the recovered energy compared with the thermal value of the fuel; and
The extent to which exported energy is utilized; and
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
Other factors, as appropriate.
Notes, amendments, and revision history
Amendments
[50 FR 662, Jan. 4, 1985, as amended at 59 FR 48041, Sept. 19, 1994]
Authority
Authority: 42 U.S.C. 6905, 6912(a), 6921-6927, 6930, 6934, 6935, 6937, 6938, 6939, 6939g, and 6974.
Source
Source: 45 FR 33073, May 19, 1980, unless otherwise noted.
Amendments
[50 FR 662, Jan. 4, 1985, as amended at 59 FR 48041, Sept. 19, 1994]