SECTION 3. SAFE HARBOR FOR

CALENDAR YEAR 2025 SECURE GEOLOGICAL STORAGE

.01 In General . This section describes a safe harbor that taxpayers may use to satisfy the requirements of § 1.45Q-3(b)(1) (ii) or § 1.45Q-2(h)(5)(iii), as applicable, and § 1.45Q-3(d), for Calendar Year 2025 Secure Geological Storage in the event the EPA does not launch the e-GGRT for reporting year 2025 by June 10, 2026 (2025 Safe Harbor). The 2025 Safe Harbor does not apply to such storage in the event the EPA launches the e-GGRT for reporting year 2025 by June 10, 2026.

.02 2025 Safe Harbor . (1) In general . Taxpayers following the guidance set forth in sections 3.02(2) and 3.02(3) of this notice will be considered to have satisfied (i) the requirement in §1.45Q-3(b)(1)(ii) or § 1.45Q-2(h)(5) (iii), as applicable, related to subpart RR (§ 45Q Subpart RR Requirement); and (ii) the requirements of § 1.45Q-3(d) (Certification Requirements).

(2) Compliance with § 45Q Subpart RR Requirement . In the event the EPA does not launch the e-GGRT for reporting year 2025 by June 10, 2026, for Calendar Year 2025 Secure Geological Storage, such storage will be considered to have satisfied the § 45Q Subpart RR Requirement if (i) such storage is in compliance with the applicable requirements of subpart RR as in effect on December 31, 2025, and (ii) instead of submitting the Annual Report for reporting year 2025 with respect to such storage through the e-GGRT pursuant to 40 CFR §§ 98.3 and 98.5, the taxpayer prepares and submits the Annual Report to an independent engineer or geologist, who certifies the Annual Report, in the manner specified in section 3.02(3)(A) and (B) of this notice. The Annual Report for reporting year 2025 must contain all of the information and documentation, including mass balance accounting calculations and monitoring and containment assurance, that would have been required under subpart RR as in effect on December 31, 2025.

(3) Compliance with Certification Requirements . Calendar Year 2025 Secure Geological Storage will be considered to have satisfied the Certification Requirements of § 1.45Q-3(d) if the taxpayer satisfies the requirements of section 3.02(3) (A) and (B) of this notice with respect to such storage.

(A) The taxpayer must submit the Annual Report for reporting year 2025 to a qualified independent engineer or geologist. The qualified independent engineer or geologist certifying the information must be duly registered or certified in any State.

(B) The qualified independent engineer or geologist must certify that (i) the capture and disposal described in § 1.45Q3(b)(1) or § 1.45Q-2(h)(5), as applicable, is in compliance with subpart RR as in effect on December 31, 2025, and (ii) the

information and documentation contained in the Annual Report for reporting year 2025 is accurate and complete based upon the requirements under subpart RR as in effect on December 31, 2025. The certification must contain an affidavit from the certifying engineer or geologist stating that he or she is independent from the taxpayer (and if an election under section 45Q(f)(3)(B) has been made, the affidavit must state that he or she is independent from both the electing taxpayer and the credit claimant). The certification must be made under penalties of perjury.

.03 Timely reporting . Taxpayers that capture and dispose of qualified carbon oxide giving rise to the § 45Q credit must file Form 8933 with a timely filed Federal income tax return or Form 1065, including extensions, or amendments to Federal income tax returns, Forms 1065, or on AARs, as applicable. In order to rely upon the 2025 Safe Harbor, a taxpayer must complete all documentation and obtain the certification described in section 3.02(2) and (3) of this notice by the time it (or if an election under § 45Q(f)(3)(B) has been made, any credit claimant) timely files its relevant tax return, as described in the preceding sentence. Taxpayers should retain the documentation and certification described in section 3.02(2) and (3) of this notice in their books and records pursuant to § 6001. See also T.D. 9944; 86 F.R. 4728, 4758-59.