43 C.F.R. § 3212.22 — What criteria establish a new facility for the purpose of obtaining a production incentive?
§ 3212.22 What criteria establish a new facility for the purpose of obtaining a production incentive? (a) Criteria for determining whether a project is a new facility for the purpose of obtaining a production incentive include: (1) The project requires a new site license or facility construction permit if it is on Federal lands; (2) The project requires a new Commercial Use Permit; (3) The project includes at least one new turbine-generator unit; (4) The project involves a new sales contract; (5) The project involves a new site or substantially larger footprint; and (6) The project is not contiguous to an existing project. (b) Generally, a new facility will not: (1) Be permitted only with a Geothermal Drilling Permit; (2) Be constructed entirely within the footprint of an existing facility; or (3) Involve only well-field projects such as drilling new wells, increasing injection, and enhanced recovery projects.