Section 260.32 - Variances to be classified as a boilerIn 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:
(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.50 FR 662, Jan. 4, 1985, as amended at 59 FR 48041, Sept. 19, 1994