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:
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.
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.
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.
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.
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."
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 Band | Organization | Policy Position | Policy Engagement Intensity |
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