Policy Overview

The clean hydrogen production tax credit implementation guidance was finalized in January 2025, following its establishment under Section 45V of the Inflation Reduction Act (IRA) in August 2022. The tax credit is eligible to facilities that produce hydrogen in the United States through a process that results in a lifecycle greenhouse gas emissions (GHG) rate not exceeding 4 kilograms of carbon dioxide equivalent (CO2-e) per kilogram of hydrogen. The credit is designed in tiers, such that clean hydrogen produced with lesser carbon intensities is rewarded. It is available for a 10-year period for qualified facilities that begin construction before 2033, starting from the date that the project is placed into service. Facilities that meet additional criteria of prevailing wage and apprenticeship requirements receive five times the credit amount.

Following a formal proposal in December 2023, the Treasury Department and the Internal Revenue Service (IRS) finalized the implementation guidance on January 3, 2025 is a departure from the ambition of the proposal, which offered the following eligibility requirements, otherwise known as the “three pillars” of clean hydrogen production:

  • Hourly matching: Hydrogen production transitions into matching with clean generation on an hourly basis, beginning in 2028;
  • Incrementality/Additionality: Hydrogen is produced from clean generation that is commercially operational within 3 years of the facility being placed into service;
  • Deliverability: Hydrogen is produced by a source located in the same region.

The final guidance waters down two of the three pillars, namely hourly matching and incrementality. Hourly matching is now required by 2030, two years later than the proposal. The incrementality requirement, meanwhile, now includes exceptions for 1) certain existing nuclear plants at risk of retirement 2) electricity from states that have robust clean energy targets, beginning with California and Washington, with potentially more states if they meet the criteria and 3) fossil fuel plants that add carbon capture and storage (CCS) within 3 years of the hydrogen project being placed into service.

In a nod to fossil fuel industry demands, the final guidance expands feedstock eligibility to other non-renewable sources such as coal mine methane and “renewable natural gas” (RNG), among other fugitive methane feedstocks. Such allowances could impact the climate ambition of the tax credit, as they open the door to diverting current grid capacity – which is composed mainly of fossil fuels – toward hydrogen production and incentivize fossil fuel use.

Policy Status

The implementation guidance was finalized in January 2025. This follows a December 2022 request for information and a formal proposal in December 2023. The Trump administration may work to weaken or repeal elements of the guidance. On May 22, 2025, the House passed the budget reconciliation bill, which proposes to repeal the tax credit for any eligible hydrogen projects not under construction by the end of 2025. The bill is now headed to the Senate and may encounter changes.

Policy Status

FINALIZED / AT RISK – Guidance finalized in January 2025, but at risk of being weakened or repealed by the Trump administration. At risk of repeal under the House budget reconciliation bill.

Evidence Profile

Key

opposing not supporting mixed/unclear
supporting strongly supporting

Policy Engagement Overview

The current state of corporate advocacy on this policy is summarized below. The graph to the right of this page indicates InfluenceMap's capture of corporate positions on the policy, ranging from strong opposition to strong support. Both this page and the graph were last updated on May 30, 2025.

InfluenceMap analysis indicates high levels of engagement on the hydrogen tax credit, with over 50 companies and at least 19 industry groups advocating on the issue since the passage of the Inflation Reduction Act. This includes public comments to the official proposal, alongside wider engagement on the policy via press releases, CEO statements, letters, and responses to the non-regulatory docket. As visible from the graph to the right, the proposal faced significant opposition from the fossil fuel sector. However, a small group of companies and industry associations strongly supported the three pillars and warned policymakers of listening to oppositional narratives. Details on these trends in engagement are described below.


Support for Strong Guidance

  • A group of industry voices, including companies along the hydrogen value chain, directly called for stringent rules to prevent loopholes that could increase emissions and redirect existing clean generation toward hydrogen production. This coalition – including Acciona, Air Products, and EDP Renewables – has repeatedly called upon federal policymakers to ensure that the hydrogen tax credit’s implementation guidance includes the three pillars. This advocacy includes several joint letters to policymakers throughout 2023, including a December 2023 letter emphasizing that weak rules would result in increased emissions and price increases. Enel and Clean Energy Buyers Association also expressed their support for stringent requirements, in December 2022 comments.
  • This coalition warned policymakers against listening to oppositional narratives and emphasized a need to protect taxpayer dollars from funding fossil fuel expansion. Acciona stated in its Feburary 2024 public comments that “we disagree with assessments made publicly by others which suggest that the proposed regulations would result in increased clean hydrogen costs, delayed scale-up, and no net impacts to the transmission system or greenhouse gas emissions,” while Air Products warned in its March 2024 testimony that policymakers should be wary of companies asking them to “lower the bar” in “exchange for the most lucrative climate subsidies in the world.”


Opposition to Proposal

InfluenceMap analysis finds that oppositional narratives were overwhelmingly sourced from obstructive industry groups and companies that advocate against the transition of the energy mix, with a strategic framing of the proposed requirements as too stringent and costly. As such, negative corporate positions have concentrated on weakening the three pillars and advocating for exemptions and revisions to the tax credit’s lifecycle GHG emissions rate model (45VH2-GREET) that would qualify hydrogen produced from fossil fuels. These entities have repeated several narratives, among them a call for flexible rules in order to support the Bipartisan Infrastructure Law’s Hydrogen Hubs and a warning that the US would lose its hydrogen leadership status to Europe and Asia.

  • A similar group of entities also advocated for expanding the renewable natural gas (RNG) market. Industry groups that specifically opposed the proposed “first productive use” requirement for RNG use included American Gas Association, AFPM, API, BRT, EEI, NAM, and US Chamber with EMA. Utilities that advocate for a long-term role for fossil fuels —NextEra and AltaGas subsidiary Washington Gas — also opposed this requirement, as did BP, LyondellBasell, and Shell. On top of opposing this requirement, CNX specifically advocated for the tax credit to facilitate coal mine methane feedstocks.


Opposition Prior to Release of Official Draft Guidance

InfluenceMap evidence indicates active engagement to weaken the implementation of the hydrogen tax credit in the buildup to the release of the draft guidance in December 2023. These engagements, including letters to policymakers and ad campaigns, emphasized feasibility, cost, and legal concerns with one or more pillars of clean hydrogen production. Several companies and industry groups that demonstrate negative positions on the energy transition – including US Chamber, Air Liquide, Constellation, Cummins, National Grid, and NextEra – advocated multiple times for weaker requirements.

Policy Status

FINALIZED / AT RISK – Guidance finalized in January 2025, but at risk of being weakened or repealed by the Trump administration. At risk of repeal under the House budget reconciliation bill.

Evidence Profile

Key

opposing not supporting mixed/unclear
supporting strongly supporting

Live Lobbying Alerts

ExxonMobil advocates for the inclusion of fossil gas as a feedstock in US IRA’s Clean Hydrogen Production Tax Credit

25/07/2024

On July 15, a news release from ExxonMobil advocated for the weakening of the Inflation Reduction Act (IRA)’s 45V tax credit for hydrogen production by calling for the inclusion of fossil gas a hydrogen feedstock. ExxonMobil endorsed the recommendations from the April 2024 report from the National Petroleum Council that promoted the development of a hydrogen economy in the US that relied on fossil gas-based production methods. The NPC report was produced following a November 2021 request from the US Secretary of Energy, Jennifer Granholm, who asked the petroleum, chemical, and power companies to develop a roadmap for deploying "low and zero carbon hydrogen energy at scale."

Entities Engaged on Policy

The following table lists companies and industry associations that have engaged on the Clean Hydrogen Tax Credit. The InfluenceMap Performance Band refers to each entity's overall performance on climate policy engagement, not on this specific policy. Click on an entity name to view the full profile on its climate policy engagement.

Influencemap Performance BandOrganizationPolicy PositionPolicy Engagement Intensity