Final Regulations on Energy Credits and Clean Hydrogen: Implications and Clarifications
Key Ideas
  • The Final Regulations on Energy Credits and Clean Hydrogen provide clarity and address industry concerns.
  • The Final Hydrogen Regulations offer liberalized restrictions on Energy Attribute Certificates and allow for hourly emission determination.
  • Significant changes have been made to the 'three pillars' requirements in the Final Hydrogen Regulations to support the clean hydrogen industry.
  • Taxpayers benefit from exceptions and flexibility introduced in the Final Hydrogen Regulations, enhancing the tax credit process.
On December 4, 2024, and January 3, 2025, the Department of the Treasury and the Internal Revenue Service finalized key regulations related to the energy credit and clean hydrogen credit under sections 48 and 45V of the Internal Revenue Code. The Final Regulations, particularly the Final Hydrogen Regulations, have been eagerly awaited by the renewables and energy transition industry, providing much-needed clarity on statutory provisions. The Final Regulations aim to address concerns related to the administrability of proposed rules. However, there is uncertainty about the longevity of these regulations due to possible rescission under the Congressional Review Act. The Final Hydrogen Regulations, issued on January 3, 2024, include significant changes from the proposed regulations. These changes allow for liberalized restrictions on Energy Attribute Certificates (EACs) and hourly emission determination for clean hydrogen credit eligibility. Some key points include the 'three pillars' requirements that have been modified to support the clean hydrogen industry's growth. The Final Hydrogen Regulations loosen the 'Three Pillars' requirements, addressing Additionality/Incrementality, Temporal Matching, and Geographic Matching/Deliverability. Notable changes include exceptions for certain clean power sources, flexibility in temporal matching deadlines, and the allowance for flexibility in geographic matching. The Final Regulations introduce enhancements that benefit taxpayers, making the credit process more accessible and accommodating for the industry's development. Overall, the Final Regulations signify a positive step towards a more transparent and supportive regulatory environment for the renewables and clean hydrogen sectors, offering hope for continued growth and innovation in the energy transition landscape.
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