SECTION 3. SAFE HARBOR FOR

SECURE GEOLOGICAL STORAGE OCCURRING ON OR AFTER JANUARY 1, 2025

.01 In General . This section describes a safe harbor (Safe Harbor) that taxpayers may use for certain reporting years in which secure geological storage occurs (relevant reporting year) to satisfy the requirements of § 1.45Q-3(b)(1)(ii), § 1.45Q-3(b)(2) (ii), or § 1.45Q-2(h)(5)(iii), as applicable, § 1.45Q-3(d), and § 1.45Q-5(a) and (c), in the event the EPA does not launch the e-GGRT by March 31 of the calendar year immediately following the relevant reporting year (e-GGRT Unavailability). The Safe Harbor does not apply in the event the EPA launches the e-GGRT for the relevant reporting year by March 31 of the calendar year immediately following the relevant reporting year.

.02 Safe Harbor for Secure Geological Storage .

August 31, 2026 244 Bulletin No. 2026–36

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. .03 Modification of Section 5 of Notice 2026-1 . This section 3.03 modifies and amplifies section 5 of Notice 2026-1 by extending the applicability of the Safe Harbor to secure geological storage occurring on or after January 1, 2025, and on or before December 31 of the calendar year in which the Treasury Department and the IRS publish further interim guidance in the Internal Revenue Bulletin or forthcoming proposed regulations in the Fed- eral Register addressing compliance with measurement, reporting, and verification requirements under § 45Q for secure geological storage. As so modified and amplified, section 5 of Notice 2026-1 now reads as follows: