Low-emission hydrogen is now subject to supplementary rules, alongside measures on the capture, transport and storage of CO₂.
What changes for low-emission hydrogen
On 13 August 2026, the Executive Branch published significant measures concerning low-emission hydrogen and carbon management. Decrees No. 13,095 and No. 13,096 advance the implementation of legal frameworks approved in 2024.
Decree No. 13,096 regulates the National Low-Carbon Emission Hydrogen Policy. In addition, it governs matters relating to Rehidro (the Special Incentive Regime for the Production of Low-Carbon Emission Hydrogen) and to the Low-Carbon Emission Hydrogen Programme, known as the PHBC.
Decree No. 13,095, in turn, regulates the activities of capture, pipeline transport and geological storage of carbon dioxide. The regulation therefore establishes parameters for projects seeking to reduce or remove greenhouse gas emissions.
The decree on CO₂ recognises routes such as CCS, CCUS, BECCS and direct air capture. It also allows the ANP (National Agency for Petroleum, Natural Gas and Biofuels) to recognise new technological routes, provided that it observes the guidelines laid down in the regulation.
The new rules for carbon and low-emission hydrogen
The measures affect companies developing industrial, energy, biofuel and infrastructure projects. In particular, the effects may reach operators intending to capture, transport or store CO₂ within national territory.
In practice, Decree No. 13,095 assigns to the ANP the authorisation, regulation and oversight of these activities. Companies must obtain the applicable authorisation before carrying out the regulated operations.
However, authorisation by the ANP does not replace environmental licensing. Projects therefore require a coordinated assessment of regulatory, environmental, technical and contractual requirements.
The decree also encourages multi-user hubs and shared infrastructure. Accordingly, the future ANP rules must observe open access, transparency and non-discrimination.
In addition, the regulation safeguards existing contracts, property rights and third-party rights. This point deserves attention in projects that depend on land, existing pipelines or geological reservoirs.
What to do
First, operators must determine whether their activities involve the capture, pipeline transport or geological storage of CO₂. They must then map out the authorisations, licences and contracts required for each stage.
It is also advisable to assess the feasibility of shared infrastructure. This analysis may cover capacity, interconnection, third-party access and operational responsibilities.
For storage projects, the contractual structure must provide for long-term obligations. The ANP may require guarantees and financial instruments for operation, decommissioning and monitoring.
Furthermore, projects initiated before the publication of Decree No. 13,095 must also comply with its provisions. Ventures already under development therefore need to review their regulatory assumptions and timelines.
Geological storage may be taken into account under the Brazilian Emissions Trading System. However, this possibility depends on the requirements and criteria set out in the legislation and in the rules governing the system.
Deadlines, exceptions and outstanding issues
The Ministry of Mines and Energy, with the support of the EPE (Energy Research Office), will draw up an indicative infrastructure plan for the capture, transport and storage of CO₂. The plan is to be reviewed every two years.
Following the end of injection, storage monitoring will be subject to an initial period of twenty years. If the stability of the stored carbon is not demonstrated, the ANP must extend the authorisation.
Conversely, the ANP may shorten that period upon early demonstration of stability. Geological modelling must cover a minimum horizon of fifty years.
The regulation defines permanence as the retention of carbon for at least fifty years. Alternatively, it accepts evidence of irreversible mineralogical trapping.
Termination of the authorisation does not extinguish the liability of the operator or its successors. Liability remains for safety, environmental damage and compensation of affected third parties.
Lastly, the ANP has yet to set out in detail the procedures, technical criteria, oversight, closure and grounds for termination of authorisations. The implementation of both decrees calls for integrated legal and regulatory monitoring, particularly in infrastructure and decarbonisation projects.
Full text: https://www.planalto.gov.br/ccivil_03/_ato2023-2026/2026/decreto/D13095.htm and https://www.planalto.gov.br/ccivil_03/_ato2023-2026/2026/decreto/d13096.htm