On Thursday October 24, the US Department of Treasury and the Internal Revenue Service (IRS) released the final rules regarding the Section 45X credits under the US Internal Revenues Code.
The final rules clarify definitions and confirm credit amounts for eligible components, including solar and wind energy, inverters, qualifying battery components and applicable critical minerals.
“The newly expanded 45X guidance represents a transformative opportunity for primary aluminium producers, enabling them to modernize and decarbonize their operations,” Industrious Labs aluminium campaign director Annie Sartor told Fastmarkets.
“With the industry’s downturn having significant repercussions for thousands of workers and communities — resulting in layoffs and curtailments — there’s an urgent need for intervention,” she added. “This investment would not just be a critical step toward revitalization; it could be a lifeline for an industry in decline.”
The new guidance paves the way for cleaning up US aluminium manufacturing, which has historically been reliant on fossil fuels, offering critical funding to modernize the industry and ensure its competitiveness on the global stage, according to Industrious Labs.
Since the Inflation Reduction Act (IRA) was signed into law more than two years ago, more than $126 billion in private sector announcements were made under the Advanced Manufacturing Production Credit.
These include around $77 billion for batteries, $6 billion for critical minerals, $19 billion for solar and $8 billion for wind, according to recent data from the Rhodium Group and MIT’s Clean Investment Monitor.
Washington, DC-based non-governmental organization Securing America’s Future Energy Foundation (SAFE) also welcomed the finalized tax credit guidance for Section 45X.
“The final rule is a game-changer for companies refining, smelting and processing materials at home — especially in today’s low-price market,” Abigail Hunter, executive director of SAFE’s Center for Critical Minerals Strategy, said in a statement.
Furthermore, SAFE’s Center for Strategic Industrial Materials executive director Joe Quinn said that cost remains the main challenge for domestic aluminium producers, while most policy attempts around enhancing the US aluminium industry focus on trade negotiations, anti-dumping measures and tariffs.
“The 45X rule finally addresses that [cost] side of the equation,” Quinn said in SAFE’s statement. “The expanded definition of the 45X credit can provide the support needed for primary aluminium producers to stabilize production and strengthen the US supply of this critical material.”
The finalized Section 45X rules aim to expand the US’s clean energy manufacturing, strengthen the country’s energy security and build the reliable and responsible supply chains needed to meet US climate goals, according to a statement by the Treasury.
The rules also define key terms to incentivize production, clarify the circumstances under which taxpayers can claim the credit and finalize important safeguards to prevent potential fraud, waste or abuse.
“This change, based on feedback from stakeholders, will enable further investment in responsible US critical minerals extraction and processing and strengthen US energy security and clean energy supply chains,” the Treasury said.
The final rules announced on Thursday are largely in line with proposed regulations released in December 2023, according to the Treasury.
