10 CFR § 503.10 - Use of fluidized bed combustion not feasible—general requirement for permanent exemptions.

---
identifier: "/us/cfr/t10/s503.10"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "10 CFR § 503.10 - Use of fluidized bed combustion not feasible—general requirement for permanent exemptions."
title_number: 10
title_name: "Energy"
section_number: "503.10"
section_name: "Use of fluidized bed combustion not feasible—general requirement for permanent exemptions."
chapter_name: "DEPARTMENT OF ENERGY"
subchapter_number: "E"
subchapter_name: "ALTERNATE FUELS"
part_number: "503"
part_name: "NEW FACILITIES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Department of Energy Organization Act, Pub. L. 95-91, 91 Stat. 565 (42 U.S.C. § 7101 ); Powerplant and Industrial Fuel Use Act of 1978, Pub. L. 95-620, 92 Stat. 3289 (42 U.S.C. 8301 ); Energy Security Act, Pub. L. 96-294, 94 Stat. 611 (42 U.S.C. 8701 ); E.O. 1209, 42 FR 46267, September 15, 1977."
regulatory_source: "46 FR 59903, Dec. 7, 1981, unless otherwise noted."
cfr_part: "503"
---


# 503.10 Use of fluidized bed combustion not feasible—general requirement for permanent exemptions.

(a) *OFE finding.* Except in the case of an exemption for fuel mixtures, OFE may deny permanent exemptions authorized under section 212 of the Act if OFE finds on a site-specific or generic basis that use of a method of fluidized bed combustion of an alternate fuel is economically and technically feasible.

(b) *Demonstration.* If OFE has made such a finding, OFE will deny a petitioner's request for exemption unless the petitioner demonstrated that the use of a method of fluidized bed combustion is not economically or technically feasible. The petition or any supplement thereto required by OFE must include the following evidence:

(1) If use of a method of fluidized bed combustion were to be required, evidence that the petitioner would be eligible for a permanent exemption for lack of alternate fuel supply, site limitations, environmental requirements, lack of adequate capital, or State or local requirements; or

(2) Use of a method of fluidized bed combustion is not technically or economically feasible due to design or special circumstances.

[46 FR 59903, Dec. 7, 1981, as amended at 54 FR 52894, Dec. 22, 1989]