Form Cab-2 - Air Or Water Pollution Control Equipment Application (Page 6 of 7) in pdf

Administrative Rules for

Air or Water Pollution Control Application

17.80.101 DEFINITIONS

For the purpose of this subchapter, the following deﬁ nitions apply, in addition to the deﬁ nitions contained in 15-6-135, MCA:

(1) “Apportionment” means the identiﬁ cation of the extent to which multi-purpose property, facilities, machinery, devices or

equipment are used for pollution control purposes.

(2) “DEQ” means the Montana Department of Environmental Quality.

(3) “DOR” means the Montana Department of Revenue.

(4) “Substantial compliance” means either full compliance with all applicable rules, laws, orders, or permit conditions, or non-

compliance with such requirements, provided that incidents of noncompliance are isolated or casual, do not involve con-

tinuous acts or patterns of noncompliance, and do not result in the initiation by DEQ of an administrative or judicial enforce-

ment action. For purposes of this deﬁ nition, issuance by DEQ of a citation or a notice of violation, without an accompanying

compliance or penalty order, does not constitute the initiation of an enforcement action.

(History: 15-6-135 , MCA; IMP , 15-6-135 , MCA; NEW , 1995 MAR p. 110, Eff. 1/27/95; TRANS , from DHES, 1996 MAR p. 2285.)

17.80.102 APPLICATION FOR CERTIFICATION AS AIR OR WATER POLLUTION EQUIPMENT

(1) Applications for certiﬁ cation pursuant to this subchapter must be made on forms prescribed by DEQ. Application forms

must be made available by DOR.

(2) The applicant shall submit an original signed application to DEQ with copies to DOR and the county commissioners of the

county in which the property is located. Applications must contain the following information:

(a) a detailed description of the air or water pollution equipment and how it functions to control pollution. Design or engi-

neering drawings showing the placement and use of the equipment must be provided;

(b) if the equipment is used for purposes other than pollution control, a description of the extent to which the equipment is

or will be used for each purpose;

(c) itemization of capital and operating costs associated with the equipment, with apportionment of costs to multiple pur-

poses, when applicable;

(d) identiﬁ cation of existing or pending air or water quality permits for the equipment, and a description of the applicant’s

compliance status in regard to rules, laws, orders, and permit conditions applicable to the equipment;

(e) certiﬁ cation that the applicant is in substantial compliance with all rules, laws, orders, and permit conditions applicable

to the equipment; and

(f) certiﬁ cation that the information provided in the application is correct and complete.

(3) Within 45 days of receipt of an application, DEQ shall determine whether additional information is required to make a

certiﬁ cation decision. If DEQ determines that additional information is required, DEQ shall notify the applicant in writing

and specify the date by which any additional information must be submitted. If the information is not submitted as required,

the application must be considered withdrawn unless the applicant requests in writing, and DEQ approves, an extension

of time for submission of the additional information. DEQ may make additional information requests within 45 days after

receipt of any required additional information, following the same procedure as the original information request. DEQ shall

notify DOR and the appropriate county commissioners of any information requests.

(4) DEQ shall issue written notice to the applicant of the department’s determination that a certiﬁ cation application is complete.

DEQ shall make a ﬁ nal decision whether to certify within 120 days after the date it issues the notice the application is com-

plete. DEQ shall provide written notice of its ﬁ nal determination to the applicant, DOR, and the appropriate county commis-

sioners.

(5) Monetary valuations or costs used by DEQ in the certiﬁ cation process are for purposes of identifying qualifying portions of

the equipment, and are not binding on DOR or a county as to market value for tax purposes.

(History: 15-6-135 , MCA; IMP , 15-6-135 , MCA; NEW , 1995 MAR p. 110, Eff. 1/27/95; TRANS , from DHES, 1996 MAR p. 2285.)

17.80.103 ELIGIBILITY CRITERIA

(1) To be certiﬁ ed as air and water pollution equipment, property, facilities, machinery, devices, and equipment must meet the

deﬁ nition of air and water pollution equipment contained in 15-6-135 , MCA.

(2) As provided in 15-6-135 (2) (a) , MCA, operational techniques that reduce pollutants but do not require the installation or

modiﬁ cation of speciﬁ c facilities, machinery, devices, or equipment are not eligible for certiﬁ cation under this subchapter.

(3) To the extent that air or water pollution equipment is used for production or any purpose other than pollution control, it is

not eligible for certiﬁ cation under this subchapter. Pursuant to the procedures in ARM 17.80.104, DEQ shall apportion the

value of multipurpose equipment into that used for production and other purposes and that used for pollution control.

(4) For certiﬁ cation to be granted, an applicant must be in substantial compliance, on the date of application, with all rules,

laws, orders, and permit conditions applicable to the equipment that is the subject of the application. Certiﬁ cation shall re-

main in effect only for as long as substantial compliance continues. Procedures for compliance inspection are as provided

in ARM 17.80.105.

(5) Examples of equipment or facilities that may, to the extent used for pollution control purposes, qualify for certiﬁ cation in-

clude, but are not limited to, the following:

Form Cab-2 - Air Or Water Pollution Control Equipment Application Page 6

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