Environmental Protection Agency, determines 
appropriate, were captured and prevented from 
escaping into the atmosphere through use of a 
process described in subparagraph (A). 
‘‘(8) DIRECT
AIR
CAPTURE
FACILITY.—For 
purposes of this section, the term ‘direct air capture 
facility’ means any facility which uses carbon cap-
ture equipment to capture carbon from the ambient 
air. Such a term does not include facilities capturing 
carbon dioxide that is deliberately released from nat-
urally-occurring subsurface springs. 
‘‘(9) INFLATION ADJUSTMENT.—In the case of 
any taxable year beginning in a calendar year after 
2009, there shall be substituted for the dollar 
amount contained in paragraphs (1) and (2) of sub-
section (a) an amount equal to the product of— 
‘‘(A) such dollar amount, multiplied by 
‘‘(B) the inflation adjustment factor for 
such calendar year determined under section 
43(b)(3)(B) for such calendar year, determined 
by substituting ‘2008’ for ‘1990’. 
‘‘(f) APPLICATION OF SECTION FOR CERTAIN CAR-
BON CAPTURE EQUIPMENT.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), in the case of any carbon capture equip-
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ment placed in service before the date of the enact-
ment of the Carbon Capture Act, the credit under 
this section shall apply with respect to qualified car-
bon dioxide captured using such equipment before 
the end of the calendar year in which the Secretary, 
in consultation with the Administrator of the Envi-
ronmental 
Protection 
Agency, 
certifies 
that 
75,000,000 metric tons of qualified carbon dioxide 
have been taken into account in accordance with 
paragraphs (1) and (2) of subsection (a) during the 
period beginning after October 3, 2008. 
‘‘(2) SPECIAL RULE FOR CERTAIN FACILITIES 
NOT CLAIMING PRIOR CREDIT.—In the case of any 
qualified facility— 
‘‘(A) which captures not less than 100,000 
metric tons of carbon dioxide during the taxable 
year, 
‘‘(B) which is placed in service after De-
cember 31, 2015, and 
‘‘(C) with respect to which no credit has 
been allowed under this section (as in effect on 
the day before the date of the enactment of 
such Act) by any person for any taxable year 
beginning prior to the date of enactment of 
such Act, 
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the taxpayer may elect to treat such qualified facility 
as placed in service on the date of enactment of such 
Act. 
‘‘(g) REGULATIONS.—The Secretary may prescribe 
such regulations and other guidance as may be necessary 
or appropriate to carry out this section, including regula-
tions or other guidance to— 
‘‘(1) ensure proper allocation under subsection 
(a) for qualified carbon dioxide captured by a tax-
payer during the taxable year ending after the date 
of the enactment of the Carbon Capture Act, and 
‘‘(2) determine whether a facility satisfies the 
requirements under subsection (d)(1) during such 
taxable year.’’. 
(b) EFFECTIVE DATE.—Except to the extent pro-
vided in section 45Q(f) of such Code, as amended by this 
Act, the amendments made by this section shall apply to 
property placed in service on after the date of the enact-
ment of this Act. 
Æ 
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