IRS and Treasury Release Final Regulations on Clean Hydrogen Production Tax Credit
Key Ideas
  • Final regulations regarding clean hydrogen production tax credit under section 45V of the Internal Revenue Code were released, supporting the Biden Administration's clean energy initiative.
  • Key features of the final regulations include the retention of the 'three pillars' of clean power, flexibility in requirements, and the allowance of hourly accounting for emissions.
  • DOE released a White Paper supporting Treasury's analysis and provided a new version of its model for determining lifecycle greenhouse gas emissions of hydrogen production.
  • The regulations aim to encourage the production of clean hydrogen by offering tax incentives based on the carbon intensity of the production process.
The Internal Revenue Service and the Department of the Treasury recently issued long-awaited final regulations concerning the clean hydrogen production tax credit under section 45V of the Internal Revenue Code. This credit, established by the Inflation Reduction Act of 2022, plays a vital role in the Biden Administration's clean energy agenda. The Department of Energy also released a White Paper supporting the Treasury's analysis and introduced an updated version of its model for determining lifecycle greenhouse gas emissions of hydrogen production. The final regulations include key features such as the 'three pillars' of clean power, exceptions for certain renewable power sources, and the allowance of hourly accounting for emissions. These regulations aim to promote the production of clean hydrogen by providing tax incentives based on the carbon intensity of the production process. Stakeholders have been engaged in lobbying and public discourse regarding the reliance on renewable power by the hydrogen industry to reduce carbon intensity. The regulations are designed to strike a balance between incentivizing clean hydrogen production and ensuring environmental sustainability.
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