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136 STAT. 1984 PUBLIC LAW 117–169—AUG. 16, 2022 ‘‘(i) PUBLISHING EMISSIONS RATES.—The Secretary shall annually publish a table that sets forth the green- house gas emissions rates for types or categories of facilities, which a taxpayer shall use for purposes of this section. ‘‘(ii) PROVISIONAL EMISSIONS RATE.—In the case of any facility for which an emissions rate has not been established by the Secretary, a taxpayer which owns such facility may file a petition with the Secretary for determination of the emissions rate with respect to such facility. ‘‘(D) CARBON CAPTURE AND SEQUESTRATION EQUIP- MENT.—For purposes of this subsection, the amount of greenhouse gases emitted into the atmosphere by a facility in the production of electricity shall not include any quali- fied carbon dioxide that is captured by the taxpayer and— ‘‘(i) pursuant to any regulations established under paragraph (2) of section 45Q(f), disposed of by the taxpayer in secure geological storage, or ‘‘(ii) utilized by the taxpayer in a manner described in paragraph (5) of such section. ‘‘(c) INFLATION ADJUSTMENT.— ‘‘(1) IN GENERAL.—In the case of a calendar year beginning after 2024, the 0.3 cent amount in paragraph (2)(A) of sub- section (a) and the 1.5 cent amount in paragraph (2)(B) of such subsection shall each be adjusted by multiplying such amount by the inflation adjustment factor for the calendar year in which the sale, consumption, or storage of the electricity occurs. If the 0.3 cent amount as increased under this para- graph is not a multiple of 0.05 cent, such amount shall be rounded to the nearest multiple of 0.05 cent. If the 1.5 cent amount as increased under this paragraph is not a multiple of 0.1 cent, such amount shall be rounded to the nearest mul- tiple of 0.1 cent. ‘‘(2) ANNUAL COMPUTATION.—The Secretary shall, not later than April 1 of each calendar year, determine and publish in the Federal Register the inflation adjustment factor for such calendar year in accordance with this subsection. ‘‘(3) INFLATION ADJUSTMENT FACTOR.—The term ‘inflation adjustment factor’ means, with respect to a calendar year, a fraction the numerator of which is the GDP implicit price deflator for the preceding calendar year and the denominator of which is the GDP implicit price deflator for the calendar year 1992. The term ‘GDP implicit price deflator’ means the most recent revision of the implicit price deflator for the gross domestic product as computed and published by the Department of Commerce before March 15 of the calendar year. ‘‘(d) CREDIT PHASE-OUT.— ‘‘(1) IN GENERAL.—The amount of the clean electricity production credit under subsection (a) for any qualified facility the construction of which begins during a calendar year described in paragraph (2) shall be equal to the product of— ‘‘(A) the amount of the credit determined under sub- section (a) without regard to this subsection, multiplied by ‘‘(B) the phase-out percentage under paragraph (2). Definitions. Deadline. Determination. Federal Register, publication. Effective date. Petition. Determination. Deadline. VerDate Sep 11 2014 15:35 Oct 25, 2022 Jkt 029139 PO 00169 Frm 00168 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL169.117 PUBL169 jmbennett on LAP3P8D0R2PROD with Publaw