17.80.103    ELIGIBILITY CRITERIA

(1) To be certified as air and water pollution equipment, property, facilities, machinery, devices, and equipment must meet the definition 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 modification of specific facilities, machinery, devices, or equipment are not eligible for certification 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 certification 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 certification 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.   Certification shall remain 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 certification include, but are not limited to, the following:

(a) inertial separators (cyclones, multiclones) ;

(b) wet collection devices (scrubbers) ;

(c) electrostatic precipitators;

(d) cloth filter 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 certifiable 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 system;

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

(c) non-wastewater treatment facilities;

(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 modification of specific 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 modification of specific 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.