{"data":{"id":"us/40-cfr-260.32","jurisdiction":"us","citation":"40 CFR 260.32","heading":"Variances to be classified as a boiler.","body":"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:\n(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\n(b) The extent to which the combustion chamber and energy recovery equipment are of integral design; and\n(c) The efficiency of energy recovery, calculated in terms of the recovered energy compared with the thermal value of the fuel; and\n(d) The extent to which exported energy is utilized; and\n(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\n(f) Other factors, as appropriate.","path":["Title 40—Protection of Environment","CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY","SUBCHAPTER I—SOLID WASTES","PART 260—HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL","Subpart C—Rulemaking Petitions"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-40.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:26:04Z","sha256":"a5332250bcb06a50195ebd1f043d77fb1535ff40994633f6f56fd38af9beb16f","source_id":"us-cfr","stale":true,"prev":"us/40-cfr-260.31","next":"us/40-cfr-260.33"},"notice":"GroundRules: Original legal text. Not legal advice."}