§ 1.45Y-0. Table of contents.

§ 1.45Y-1 Clean electricity production credit.

(a) Overview.

(1) In general.

(2) CHP property.

(i) In general.

(ii) Components excluded.

(3) Code.

(4) kWh.

(5) Metering device.

(i) In general.

(ii) Standards for maintaining and operating a metering device.

(iii) Network equipment.

(iv) Examples.

(6) Qualified facility.

(7) Related person.

(i) In general.

(ii) Member of a consolidated group.

(8) Secretary.

(9) Section 45Y credit.

(10) Section 45Y regulations.

(11) Unrelated person.

(12) Waste energy recovery property (WERP).

(b) Credit amount.

(1) In general.

(2) Applicable amount.

(i) In general.

(ii) Base amount.

(iii) Alternative amount.

(3) Inflation adjustment.

(i) In general.

(ii) Annual computation.

(iii) Inflation adjustment factor.

(iv) GDP implicit price deflator.

(4) Energy communities increase in credit.

(5) Domestic content bonus credit amount.

(c) Credit phase-out.

(1) In general.

(2) Phase-out percentage.

(3) Applicable year.

(4) Phase-out data.

(5) Determination of phase-out.

(d) Requirements for CHP property.

(1) In general.

(2) Energy efficiency percentage.

(3) Special rule for calculating electricity produced by CHP property.

(i) In general.

(ii) Conversion from Btu to kWh.

(e) Applicability date.

§ 1.45Y-2 Qualified facility for purposes of section 45Y.

(a) Qualified facility.

(b) Property included in qualified facility.

(1) In general.

(2) Unit of qualified facility.

(i) In general.

(ii) Functionally interdependent.

(3) Integral part.

(i) In general.

(ii) Power conditioning and transfer equipment.

(iii) Roads.

(iv) Fences.

(v) Buildings.

(vi) Shared integral property.

(vii) Examples.

(c) Coordination with other credits.

(1) In general.

(2) Allowed.

(3) Examples.

(d) Applicability date.

§ 1.45Y-3 Rules relating to the increased credit amount for prevailing wage and apprenticeship.

(a) In general.

(b) Qualified facility requirements.

(c) Nameplate capacity for purposes of the One Megawatt Exception.

(1) In general.

(2) Nameplate capacity for qualified facilities that generate in direct current for purposes of the One Megawatt Exception.

(3) Integrated operations.

(4) Related taxpayers.

(i) Definition.

(ii) Related taxpayer rule.

(d) Applicability date.

§ 1.45Y-4 Rules of general application.

(a) Only production in the United States taken into account for purposes of section 45Y.

(b) Production attributable to the taxpayer.

(1) In general.

(2) Example of gross sales.

(3) Section 761(a) election.

(c) Expansion of facility; Incremental production (Incremental Production Rule).

(1) In general.

(2) Measurement standard.

(3) Special rule for restarted facilities.

(4) Computation of increased amount of electricity produced.

(5) Examples.

(d) Retrofit of an existing facility (80/20 Rule).

(1) In general.

(2) Cost of new components of property.

(3) Examples.

(e) Applicability date.

§ 1.45Y-5 Greenhouse gas emissions rates for qualified facilities under section 45Y.

(a) In general.

(b) Definitions.

(1) CO₂e per kWh.

(2) Combustion.

(3) Gasification.

(4) Facility that produces electricity through combustion or gasification (C&G Facility).

(5) Greenhouse gas emissions rate.

(6) Greenhouse gases emitted into the atmosphere by a facility in the production of electricity.

(7) Non-C&G Facility.

(8) Fuel.

(9) Feedstock.

(10) Market-mediated effects.

(c) Non-C&G Facilities.

(1) Determining a greenhouse gas emissions rate for Non-C&G Facilities.

(i) Excluded emissions.

(ii) Emissions assessment process.

(iii) Example of greenhouse gas emissions rate determination for a Non-C&G Facility.

(2) Non-C&G Facilities with a greenhouse gas emissions rate that is not greater than zero.

(d) C&G Facilities.

(1) Determining a greenhouse gas emissions rate for C&G Facilities.

(2) LCA requirements.

(i) Starting boundary.

(ii) Ending boundary.

(iii) Baseline.

(iv) Offsets and offsetting activities.

(v) Principles for included emissions.

(vi) Principles for excluded emissions.

(vii) Alternative fates and avoided emissions.

(viii) Temporal scales.

(ix) Spatial scales.

(x) Categorization of products.

(e) Use of methane from certain sources to produce electricity.

(1) In general.

(2) Definitions.

(i) Biogas.

(ii) Coal mine methane.

(iii) Fugitive methane.

(iv) Renewable natural gas.

(3) Considerations regarding the lifecycle greenhouse gas emissions associated with the production of electricity using methane from certain sources.

(i) In general.

(ii) Methane from landfill sources.

(iii) Methane from wastewater sources.

(iv) Coal mine methane.

(v) Methane from animal waste.

(vi) Fugitive methane other than coal mine methane.

(4) Book and claim.

(f) Carbon capture and sequestration.

(1) In general.

(2) Substantiation.

(g) Annual publication of emissions rates.

(1) In general.

(2) Publication of analysis required for changes to the Annual Table.

(h) Provisional emissions rates.

(1) In general.

(2) Rate not established.

(3) Process for filing a PER petition.

(4) PER determination.

(5) Emissions value request process.

(6) LCA model for determining an emissions value for C&G Facilities.

(7) Effect of PER.

(i) Reliance on Annual Table or Provisional Emissions Rate.

(j) Substantiation.

(1) In general.

(2) Sufficient substantiation.

(k) Applicability date.