30 Tex. Admin. Code § 335.20

Current through Reg. 49, No. 24; June 14, 2024

Section 335.20 - Variance to Be Classified as a Boiler

In accordance with the standards and criteria in § 335.1 of this title (relating to Definitions) (definition of boiler), and the procedures in § 335.21 of this title (relating to Procedures for Variances from Classification as a Solid Waste or to be Classified as a Boiler), the executive director 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 § 335.1 of this title (relating to Definitions), after considering the following criteria:

(1) the extent to which the unit has provisions for recovering and exporting thermal energy in the form of steam, heated fluids, or heated gases;

(2) the extent to which the combustion chamber and energy recovery equipment are of integral design;

(3) the efficiency of energy recovery, calculated in terms of the recovered energy compared with the thermal value of the fuel;

(4) the extent to which exported energy is utilized;

(5) 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) other factors, as appropriate.

30 Tex. Admin. Code § 335.20

The provisions of this §335.20 adopted to be effective May 29, 1986, 11 TexReg 2335.