SECTION 4. REQUEST FOR

COMMENTS

.01 Request for Comments . The Treasury Department and the IRS, in consultation with the Administrator of the EPA, the Secretary of Energy, and the Secretary of the Interior, request comments on the appropriate standard to be used in

(1) In General . Taxpayers following the guidance set forth in section 3.02(2), (3), and (4) of this notice will be considered to have satisfied: (i) the requirements in § 1.45Q-3(b)(1)(ii), § 1.45Q-3(b)(2) (ii), or § 1.45Q-2(h)(5)(iii), as applicable, related to subpart RR (§ 45Q Subpart RR Requirements); (ii) the requirements of § 1.45Q-3(d) (Certification Requirements); and (iii) the requirements of § 1.45Q-5(a) and (c) related to determining the amount of qualified carbon oxide securely stored and the quantity of qualified carbon oxide leaked to the atmosphere (Recapture Requirements).

(2) Compliance with § 45Q Subpart RR Requirements . In the case of e-GGRT Unavailability for a relevant reporting year, the taxpayer performing secure geological storage in such reporting year will be considered to have satisfied the § 45Q Subpart RR Requirements for such reporting year if: (i) such storage complies with the applicable requirements of subpart RR as in effect on December 31, 2025; (ii) the taxpayer received an EPA-approved MRV plan for such project and the MRV plan is applicable to the dates of such storage; and (iii) instead of submitting the Annual Report for the relevant reporting year 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 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 . In the event of e-GGRT Unavailability for a relevant reporting year, the taxpayer performing secure geological storage will be considered to have satisfied the Certification Requirements 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 the relevant reporting year 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), § 1.45Q-3(b)(2), 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 the relevant reporting year 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 § 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.

(4) Compliance with Recapture Requirements . In the event of e-GGRT Unavailability for a relevant reporting year, a taxpayer will be considered to have satisfied the Recapture Requirements with respect to any secure geological storage subject to the Recapture Requirements if the Annual Report for reporting year 2025 or later, certified in the manner specified in section 3.02(3) of this notice, includes the following determinations pursuant to the applicable requirements of subpart RR as in effect on December 31, 2025: (i) the quantity of qualified carbon oxide that is securely stored for the calendar year; and (ii) the quantity, if any, in metric tons of qualified carbon oxide that has leaked into the atmosphere in such reporting year.

.03 Timely reporting . Taxpayers that capture and dispose of qualified carbon oxide giving rise to the § 45Q credit must file a 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. To rely upon the 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

Bulletin No. 2026–36 245 August 31, 2026

place of subpart RR to demonstrate compliance with § 45Q for secure geological storage. In particular, the Treasury Department and the IRS request comments on whether the International Organization for Standardization’s standard 27914:2026— Carbon dioxide capture, transportation and storage—Geological storage (Ed. 2, 2026), which was published in March 2026, could be used as an alternative, including the verification methods set forth therein. In addition, the Treasury Department and the IRS request comments on whether there are other processes or methodologies that could serve as suitable alternatives to subpart RR in the event the EPA finalizes its regulations as proposed.

.02 Deadline for Submission . Written comments should be submitted by October 30, 2026. However, consideration will be given to any written com

ments submitted after October 30, 2026, if such consideration will not delay the issuance of future published guidance.

.03 Form and Manner . The subject line for the comments should include a reference to Notice 202650. All stakeholders are strongly encouraged to submit comments electronically. Comments may be submitted in one of two ways:

(1) Electronically via the Federal eRulemaking Portal at https://www.reg- ulations.gov (type IRS-2026-0728 in the search field on the https://www.regula- tions.gov homepage to find this notice and submit comments).

(2) By mail to: Internal Revenue Service, CC:PA:01:PR (Notice 2026-50), Room 5503, P.O. Box 7604, Ben Franklin Station, Washington, DC 20044.

.04 Publication of Comments .

The Treasury Department and the IRS will publish for public availability any comment submitted electronically or on paper to the IRS’s public docket on https:// www.regulations.gov .