Final Regulations Released to Govern Clean Hydrogen Production Tax Credit
Key Ideas
  • The Final Regulations provide guidance on the section 45V Clean Hydrogen Production Tax Credit, addressing issues faced by taxpayers and offering examples.
  • Taxpayers can now 'lock-in' the 45VH2-GREET model at the start of construction for a hydrogen production facility for the entire 10-year credit period, reducing model update risks.
  • Certain changes like allowing gas Energy Attribute Certificates (EACs) for RNG and coal mine methane and defining 'facility' for co-located carbon capture and hydrogen production equipment bring clarity.
  • Restrictions on feedstock blending, clarifications on 'well to gate' emission scope, and anti-abuse provisions aim to streamline and ensure compliance with emissions rate calculations.
The Department of the Treasury published Final Regulations on January 10, 2024, outlining guidelines for the section 45V Clean Hydrogen Production Tax Credit. This credit is based on the lifecycle greenhouse gas emissions rate of qualified clean hydrogen, which determines the credit amount on a sliding scale. The regulations specify the use of the 45VH2-GREET model to calculate emissions rates, with provisions for Provisional Emissions Rates where necessary. Key takeaways include the ability to lock-in the 45VH2-GREET model upon construction start, changes to electricity EAC requirements, and restrictions on feedstock blending. The regulations also define 'facility' to include co-located carbon capture and hydrogen production equipment. Taxpayers are given clarity on 'productive use' and anti-abuse provisions. The Final Regulations ensure transparency and offer a structured approach for taxpayers to calculate and substantiate emissions rates to claim the tax credit.
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