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

(a) inertial separators (cyclones, multiclones) ;

(b) wet collection devices (scrubbers) ;

(d) cloth ﬁ lter collectors (baghouses) ;

(e) vapor recovery systems;

(f) wastewater treatment facilities;

(g) plants or equipment that render water safe for discharge;

(h) wastewater recycling systems that store or prevent pollutants from reaching the environment;

(i) spill control systems;

(j) secondary storage pond liners;

(k) monitoring wells that are part of a pollution control system.

(6) Examples of equipment or facilities that generally are not certiﬁ able as air or water pollution equipment include, but are not

limited to, the following:

(a) continuous air emission monitors that function as emission indicators but are not part of an air emission control sys-

tem;

(b) dispersion devices such as stacks, chimneys, or vents;

(d) stack sampling equipment, platforms, access. facilities, stack extensions, portable monitoring equipment, or any other

type of measuring device that is not part of a pollution control system;

(e) fuel changes except to the extent they are used for pollution control and require the installation or modiﬁ cation of spe-

ciﬁ c facilities, machinery, devices, or equipment; and

(f) energy conservation measures, except to the extent they are used for pollution control and require the installation or

modiﬁ cation of speciﬁ c facilities, machinery, devices, or equipment.

(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.)

17.80.104 APPORTIONMENT PROCEDURES

(1) When air or water pollution equipment is used for production or any other purpose in addition to pollution control, DEQ

shall conduct an apportionment so that the certiﬁ ed portion of the multi-purpose equipment reﬂ ects the extent to which it is

used for pollution control purposes.

(2) The applicant shall provide DEQ with all information necessary to conduct an apportionment under this rule. DEQ shall

conduct the apportionment based upon the speciﬁ c facts and circumstances of each case. Methods for apportionment

include, but are not limited to, the following:

(a) d etermination of the difference in value between equipment with integrated pollution controls and similar equipment

without pollution controls. An example is a ﬂ uidized bed boiler with limestone injection for air emission control. The

value of the ﬂ uidized bed boiler would be compared with the value of a similarly-sized conventional boiler, and the dif-

ference would be certiﬁ ed as the air pollution equipment value;

(b) determination of the difference in value between a facility designed for multiple purposes and a facility designed for

pollution control only. The difference would be denied certiﬁ cation;

(c) distinguishing between equipment in a facility or process that removes pollutants and equipment that is used for pro-

duction or other purposes;

(d) an y other method based on speciﬁ c facts and circumstances that achieves a fair and reasonable apportionment of

pollution control and other uses.

(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.)

17.80.105 COMPLIANCE

(1) DEQ shall conduct periodic inspections of certiﬁ ed pollution control equipment for the purpose of determining whether the

applicant is in substantial compliance with all applicable rules, laws, orders, and permit conditions. These inspections may

be part of any required air or water quality inspection.

(2) DEQ shall provide written notice of its determination of a failure of substantial compliance to the applicant, the DOR, and

the appropriate county commissioners. In the event that substantial compliance is restored, the applicant must provide

DEQ with written notice, and DEQ shall conduct an inspection and report its compliance determination to the applicant, the

DOR, and the appropriate county commissioners within a reasonable time thereafter.

(3) DEQ must submit certiﬁ cation and compliance determinations to DOR no later than February 1 of the year following the

year for which tax adjustments are sought.

(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.)

17.80.106 INFORMAL CONFERENCE

(1) DEQ shall provide an applicant with an opportunity for an informal conference for reconsideration of a department deter-

mination regarding certiﬁ cation or noncompliance. The applicant must request an informal conference in writing within 10

days after receiving a notice of certiﬁ cation or noncompliance.

(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.)

Form Cab-2 - Air Or Water Pollution Control Equipment Application Page 7

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