Page:United States Statutes at Large Volume 80 Part 1.djvu/1548

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y/star 903°^' 33 USC 466j.

7/stat^99^2°°' 42 USC is'sTh.

PUBLIC LAW 89-800-NOV. 8, 1966

[80 STAT.

power, and other equipment, and their appurtenances; and "(ii) is certified by the State water pollution control agency (as defined in section 13(a) of the Federal Water Pollution Control Act) as being in conformity with the State program or requirements for control of water pollution and is certified by the Secretary of Interior as being in compliance with the applicable regulations of Federal agencies and the general policies of the United States for cooperation with the States in the prevention and abatement of water pollution under the Federal Water Pollution Control Act. " (C) A I R POLLUTION CONTROL FACILITY.—For purposes of subparagraph (A), the term 'air pollution control facility' means any section 38 property which— " (i) is used primarily to control atmospheric pollution or contamination by removing, altering, or disposing of atmospheric pollutants or contaminants; and "(ii) is certified by the State air pollution control agency (as defined in section 302(b) of the Clean Air Act) as being in conformity with the State program or requirements for control of air pollution and is certified by the Secretary of Health, Education, and Welfare as being in compliance with the applicable regulations of Federal agencies and the general policies of the United States for cooperation with the States in the prevention and abatement of air pollution under the Clean Air Act. " (D) STANDARDS FOR FACILITY.—Subparagraph (A) shall apply in the case of any facility only if the taxpayer constructs, reconstructs, erects, or acquires such facility in furtherance of Federal, State, or local standards for the control of water pollution or atmospheric pollution or contaminants. "(13)

CERTAIN REPLACEMENT PROPERTY.—Section 38 property

constructed, reconstructed, erected, or acquired by the taxpayer shall be treated as property which is not suspension period property to the extent such property is placed m service to replace property which was— " (A) destroyed or damaged by fire, storm, shipwreck, or other casualty, or " (B) stolen, but only to the extent the basis (in the case of new section 38 property) or cost (in the case of used section 38 property) of such section 38 property does not exceed the adjusted basis of the property destroyed, damaged, or stolen, " (i) EXEMPTION FROM SUSPENSION OF $20,000 OF INVESTMENT.— "(1) IN GENERAL.—In the case of property acquired by the taxpayer by purchase for use in his trade or business which would (but for this subsection) be suspension period property, the taxpayer may select items to which this subsection applies, to the extent of an aggregate cost, for the suspension period, of $20,000. Any item so selected shall be treated as property which is not suspension period property for purposes of tnis subpart (other than for purposes of paragraphs (4), (5), (6), (7), (8), (9), and (10) of subsection (h)).

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