---
kind: "section"
citation: "40 C.F.R. § 260.32"
title: "40"
number: "260.32"
heading: "Variances to be classified as a boiler."
url: "https://uscodex.org/cfr/40/260.32"
---

# §260.32. Variances to be classified as a boiler.


In accordance with the standards and criteria in [§ 260.10](/cfr/40/260.10.md) (definition of “boiler”), and the procedures in [§ 260.33](/cfr/40/260.33.md), 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](/cfr/40/260.10.md), 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
- (f) **Other factors, as appropriate.**

## Notes

### 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]