Regulatory Update on Clean Hydrogen Production Tax Credit Guidelines
Key Ideas
  • The U.S. Treasury and IRS released final regulations in January 2025 for the Clean Hydrogen Production Tax Credit under Section 45V, focusing on life-cycle emissions calculation.
  • Key changes from the proposed to final rule include new regulations on 45VH2-GREET model usage, energy attribute certificates, and accounting for methane-derived hydrogen pathways.
  • The three-pillar framework for energy attribute certificates aims to promote the production of clean hydrogen using clean electricity sources without diverting existing clean energy resources.
  • The updated guidelines align with the goal of incentivizing and supporting the growth of clean hydrogen production in the United States while prioritizing emission reductions and sustainability.
The U.S. Department of the Treasury and the Internal Revenue Service have issued final regulations in January 2025 regarding the Clean Hydrogen Production Tax Credit as outlined in Section 45V of the Internal Revenue Code. The focus of these regulations is to provide clarity on the calculation and accounting of hydrogen life-cycle emissions. Key changes from the initial proposal to the final regulations include the introduction of new rules for utilizing the 45VH2-GREET model for assessing life-cycle emissions, guidelines on energy attribute certificates (EACs) with an emphasis on hourly accounting of electrolysis-hydrogen life cycle emissions by 2030, and final rules for accounting the life-cycle emissions of methane-derived hydrogen pathways. The final regulations also maintain the inclusion of the three-pillar framework for energy attribute certificates, which consists of criteria like incrementality, time matching, and deliverability. These pillars are aimed at ensuring that hydrogen production occurs using clean electricity and that the production process does not divert clean energy resources from alternative uses. The overall sentiment towards these final regulations is positive, as they provide a structured approach to incentivize clean hydrogen production in the U.S. The guidelines align with the government's objectives of reducing emissions, promoting sustainability, and fostering the growth of the clean hydrogen sector within the country. By establishing clear rules on emission calculation and certification processes, the regulations aim to drive investments and innovation towards cleaner energy practices in the hydrogen market.
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