(a) Personal property is exempt from property taxation if:

1. (1) it is part of a stationary or unlicensed mobile air pollution control system of a private manufacturing, fabricating, assembling, extracting, mining, processing, generating, refining, or other industrial facility;
2. (2) it is not primarily used in the production of property for sale;
3. (3) it is employed predominantly in the operation of the air pollution control system;
4. (4) the air pollution control system is designed and used for the improvement of public health and welfare by the prevention or elimination of air contamination caused by industrial waste or contaminants;
5. (5) a sanitary treatment or elimination service for the waste or contaminants is not provided by public authorities; and
6. (6) it is acquired for the purpose of complying with any state, local, or federal environmental quality statutes, regulations, or standards.

(b) The property that is exempt under this section includes the following personal property:

1. (1) Personal property that is under construction or in the process of installation and that will be used for the purposes described in subsection (a) when placed in service.

2. (2) Spare parts held exclusively for installation in or as part of personal property that qualifies for the exemption under this section.

   [Pre-1975 Property Tax Recodification Citation: 6-1-9-1.]

   Formerly: Acts 1975, P.L.47, SEC.1. As amended by Acts 1980, P.L.37, SEC.1; P.L.41-1993, SEC.10.