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TITLE 26-INTERNAL REVENUE CODE trate under a development program of the former Atomic Energy Commission from denial of an amorti- zation deduction for failure to meet certain certifica- tion time requirements of section 168 of this title. § 169. Amortization of pollution control facilities (a) Allowance of deduction Every person, at his election, shall be entitled to a deduction with respect to the amortization of the amortizable basis of any certified pollu- tion control facility (as defined in subsection (d)), based on a period of 60 months. Such am- ortization deduction shall be an amount, with respect to each month of such period within the taxable year, equal to the amortizable basis of the pollution control facility at the end of such month divided by the number of months (including the month for which the deduction is computed) remaining in the period. Such amortizable basis at the end of the month shall be computed without regard to the amortiza- tion deduction for such month. The amortiza- tion deduction provided by this section with re- spect to any month shall be in lieu of the de- preciation deduction with respect to such pollu- tion control facility for such month provided by section 167. The 60-month period shall begin, as to any pollution control facility, at the election of the taxpayer, with the month following the month in which such facility was completed or acquired, or with the succeeding taxable year. (b) Election of amortization The election of the taxpayer to take the am- ortization deduction and to begin the 60-month period with the month following the month in which the facility is completed or acquired, or with the taxable year succeeding the taxable year in which such facility is completed or ac- quired, shall be made by filing with the Secre- tary, in such manner, in such form, and within such time, as the Secretary may by regulations prescribe, a statement of such election. (c) Termination of amortization deduction A taxpayer which has elected under subsec- tion (b) to take the amortization deduction pro- vided in subsection (a) may, at any time after making such election, discontinue the amortiza- tion deduction with respect to the remainder of the amortization period, such discontinuance to begin as of the beginning of any month speci- fied by the taxpayer in a notice in writing filed with the Secretary before the beginning of such month. The depreciation deduction pro- vided under section 167 shall be allowed, begin- ning with the first month as to which the am- ortization deduction does not apply, and the taxpayer shall not be entitled to any further amortization deduction under this section with respect to such pollution control facility. (d) Definitions For purposes of this section- (1) Certified pollution control facility The term "certified pollution control facili- ty" means a new identifiable treatment facili- ty which is used, in connection with a plant or other property in operation before Janu- ary 1, 1976, to abate or control water or atmo- spheric pollution or contamination by remov- ing, altering, disposing, storing, or preventing the creation or omission of pollutants, con- taminants, wastes, or heat and which- (A) the State certifying authority having Jurisdiction with respect to such facility has certified to the Federal certifying authority as having been constructed, reconstructed, erected, or acquired in conformity with the State program or requirements for abate- ment or control of water or atmospheric pollution or contamination; (B) the Federal certifying authority has certified to the Secretary (i) as being in compliance with the applicable regulations of Federal agencies and (ii) as being in fur- therance of the general policy of the United States for cooperation with the States in the prevention and abatement of water pol- lution under the Federal Water Pollution Control Act, as amended (33 U.S.C. 466 et seq.), or in the prevention and abatement of atmospheric pollution ad contamination under the Clean Air Act, as amended (42 U.S.C. 1857 et seq.); and (C) does not significantly- (I) increase the output or capacity, extend the useful life, or reduce the total operating costs of such plant or other property (or any unit thereof), or (ii) alter the nature of the manufactur- ing or production process or facility. (2) State certifying authority The term "State certifying authority" means, in the case of water pollution, the State water pollution control agency as de- fined in section 13(a) of the Federal Water Pollution Control Act and, in the case of air pollution, the air pollution control agency as defined in section 302(b) of the Clean Air Act. The term "State certifying authority" in- cludes any interstate agency authorized to act in place of a certifying authority of the State. (3) Federal certifying authority The term "Federal certifying authority" means, in the case of water pollution, the Sec- retary of the Interior and, in the case of air pollution, the Secretary of Health, Education, and Welfare. (4) New identifiable treatment facility (A) In general For purposes of paragraph (1), the term "new identifiable treatment facility" in- cludes only tangible property (not including a building and its structural components, other than a building which is exclusively a treatment facility) which is of a character subject to the allowance for depreciation provided in section 167, which is identifiable as a treatment facility, and which is proper- ty- (i) the construction, reconstruction, or erection of which is completed by the tax- payer after December 31, 1968, or (ii) acquired after December 31, 1968, if the original use of the property com- mences with the taxpayer and commences after such date. In applying this section in the case of prop- erty described in clause (i) there shall be taken into account only that portion of the basis which is properly attributable to con- struction, reconstruction, or erection after December 31, 1968. Page 160 § 169