Treasury Department Clarifies Availability of Cash Grant for Waste-to-Fuel Conversion

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The U.S. Treasury Department (“Treasury”) has released additional guidance clarifying that waste-to-fuel conversion equipment may qualify for the 30 percent cash grant under ARRA Section 1603 in many circumstances. On April 13, Treasury updated the formal program Guidance (the “Guidance”) and added several items to its list of Frequently Asked Questions (the “FAQs”) to clarify that equipment that converts biomass, municipal solid waste, and other qualifying resources to fuel that is used to generate electricity may be eligible for the grant. Eligibility is possible even if the conversion equipment and the generation equipment are located at different sites and/or owned by different persons.

Under the prior Guidance, there was confusion about whether waste-to-fuel conversion equipment is eligible for the grant in cases where the conversion equipment is an integral part of a process of generating electricity but the generation equipment is located at a different site, is owned by a different person, or both.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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