US Finalizes Regulations for Clean Electricity Production and Energy Storage Investments
Key Ideas
  • The US introduced production and investment tax credits for clean electricity generation and energy storage under the Inflation Reduction Act of 2022.
  • Final regulations from the US Treasury and IRS provide clarity on qualifying for the tax credits based on zero greenhouse gas emissions.
  • Annual tables listing eligible facilities like wind, solar, and nuclear fission were released, along with rules for petitioning for provisional emissions rates.
  • Regulations also addressed GHG emissions from combustion facilities, requiring lifecycle analysis to determine emissions rates for electricity production.
The Inflation Reduction Act of 2022 implemented tax incentives for clean electricity production and energy storage investments in the US. The recently finalized regulations from the US Department of the Treasury and the Internal Revenue Service (IRS) provide comprehensive guidelines on qualifying for the new tax credits. To be eligible for the Code Section 45Y production tax credit (CEPTC) and the Code Section 48E investment tax credit (CEITC), facilities must achieve a zero greenhouse gas emissions rate. The regulations clarified that facilities exceeding emissions initially can regain eligibility if they achieve zero emissions during their 10-year credit period. The release of the first annual table in Revenue Procedure 2025-14 identified eligible non-combustion facilities like wind and solar. Owners of facilities not listed can petition for provisional emissions rates (PERs). The regulations also detailed requirements for combustion and gasification facilities, mandating a lifecycle analysis to determine emissions rates. The Final Regulations outlined rules for biogas, renewable natural gas, and fugitive methane facilities, with a focus on methane management and lifecycle GHG emissions. Overall, the regulations aim to support the shift towards clean energy production and storage in the US.
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