StacksVerified U.S. regulatory reference

40 CFR §260.32

Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
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:
  1. (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
  2. (b)The extent to which the combustion chamber and energy recovery equipment are of integral design; and
  3. (c)The efficiency of energy recovery, calculated in terms of the recovered energy compared with the thermal value of the fuel; and
  4. (d)The extent to which exported energy is utilized; and
  5. (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
  6. (f)Other factors, as appropriate.