The port also needs its tenant companies to make the switch, but according to Wingfield, they are hesitant to invest in the electric truck models available today. They’re more interested in hydrogen fuel-cell trucks, he said, which are also zero-emissions, and there’s even a vendor selling them right down the street. The problem was there was no source of hydrogen within an hour and a half of the port.
It was these conditions that got Wingfield and his colleagues excited about BayoTech, a company that wanted to build a new hydrogen plant there — even though BayoTech was going to make hydrogen from methane, the main component of natural gas, in a carbon emissions-intensive process. Hydrogen fuel-cell powered trucks don’t release any of the carbon or toxic pollutants that diesel trucks release, but the process of making the hydrogen fuel can still be dirty.
While the port was considering BayoTech’s proposal, California leadership was committing the state to building out a climate-friendly hydrogen industry. In July, the Biden administration awarded California $1.2 billion for a $12.6 billion plan to build new, zero-emissions hydrogen supply chains. “California is revolutionizing how a major world economy can clean up its biggest industries,” Governor Gavin Newsom said. “We’re going to use clean, renewable hydrogen to power our ports and public transportation – getting people and goods where they need to go, just without the local air pollution.”
Nonetheless, the port approved the fossil fuel-based hydrogen plant in August.
The case illustrates the complexities of this moment in the energy transition. At its center is a question: Should we gamble with higher emissions today on the premise that it could help lower emissions in the future? It’s a gamble that many climate advocates, guided by warnings from scientists about the consequences of continued fossil fuel use, fear will do more harm than good.
The port, which was the lead agency for the environmental review process, estimated that if all of the fuel BayoTech produced was used as a replacement for diesel, it would result in a net decrease in emissions of 4,317 metric tons of CO2 per year, which is like taking 1,000 cars off the road. Still, the plant will emit about 18 kilograms of carbon for every kilogram of hydrogen it produces — more than four times higher than the Department of Energy’s standard for “clean” hydrogen.
Climate and environmental groups in Stockton oppose the project. They’ve raised a number of concerns about it and the conditions under which it was approved, but one is the missed opportunity. “At a time when incentives are lining up for cleaner production methods,” Davis Harper, the carbon and energy program manager at the local group Restore the Delta, told me, “and at a time when the state in particular is really trying to transition away from methane, to approve a new steam methane reforming project in a community that’s already suffering from so many cumulative impacts of industrial pollution — it’s a major regression.”
Between operations at the port, highways, warehouses, and other industrial activity, Stockton ranks in the 96th percentile for pollution burden in California, and in the 100th percentile for cases of asthma. In addition to carbon dioxide, the BayoTech plant will release nitrous oxides, carbon monoxide, and particulate matter. Harper and other local advocates want the community to have more of a say in shaping regional economic development and defining what its hydrogen future looks like. “I think it puts a stain on what the opportunity for hydrogen might be in the community,” he said.
But Wingfield told me it wasn’t an either/or scenario. “I mean, nobody was approaching us with a green hydrogen project,” he said. Even if someone was, Wingfield said green hydrogen was still too expensive and that no one would buy it. The port is supporting state-wide efforts to develop a more sustainable supply of hydrogen in the future, he said, “but it is slow, and for us, we need something now.”
There’s a chicken-and-egg challenge to getting a clean hydrogen economy going. In addition to a new supply of fuel, it will require investments in new vehicles, fueling stations, and modes of delivering the gas — and that’s just for trucking. Decarbonization experts also see potential to use hydrogen for cargo ships, steelmaking, and aviation. “I agree, you know, don’t wait around for the green projects that are being planned to come online,” Lew Fulton, the director of the energy futures research program at the U.C. Davis Institute of Transportation Studies, told me. “There’s a whole bunch of things we need to learn by doing. And so from that point of view, you could argue, well, in the first few years, it doesn’t matter that much what kind of hydrogen it is.”
When I asked Catherine Reid, BayoTech’s chief marketing officer, what brought the company to Stockton, she told me California is a key market and the San Joaquin Valley is currently a dead-zone for the fuel. The Regional Transit District recently purchased five new fuel-cell buses, but to fuel them, it will have to truck in hydrogen from other parts of the state. BayoTech’s business model is designed to address this kind of local need. The company builds small, modular plants and sites them as close to the point of consumption as possible to avoid the cost and emissions associated with transporting the fuel. The project in Stockton will produce just 2 tons of hydrogen per day, or enough to fill the tanks of about 50 trucks. By contrast, the average hydrogen plant in California, which mostly delivers the gas to oil refineries and fertilizer plants, produces closer to 200 tons per day. “We anticipate that that demand will be snapped up quickly,” said Reid.
The port approved the plant using an abbreviated environmental review process — another aspect that troubled the advocates I spoke to — which required BayoTech to mitigate some of its most significant impacts. To reduce pollution, the company will install equipment that cuts the plant’s nitrous oxide emissions. It has also committed to using zero-emissions vehicles for at least 50% of deliveries. But the biggest pollutant that will come out of the plant is carbon dioxide — just over 12,000 metric tons of it per year. That’s not much compared to the average hydrogen plant. The smallest existing hydrogen plant in California, Air Products’ Sacramento facility, has the capacity to produce more than twice as much hydrogen as BayoTech will, but emitted nearly four times as much carbon in 2021, according to state data. One of BayoTech’s selling points is its technology’s efficiency.
The company has also committed to developing a community benefits plan, which is still in the works, though BayoTech has already signed an agreement to use local union labor and committed to donate $200,000 over the next four years to the community.
Part of BayoTech’s agreement with the port is that it will lower its emissions by purchasing carbon credits from producers of so-called “renewable natural gas,” or RNG, which can mean methane captured from landfills or from cow manure pits. It’s considered low-carbon because the methane would otherwise be released into the atmosphere, where it would warm the planet far more than carbon dioxide. In theory, credit sales help finance systems to capture the gas and use it for energy instead.
I asked Reid why, when there was so much focus on and funding available for clean hydrogen, like California’s $12.6 billion initiative and lucrative new federal tax credits, the company was investing in the fossil-fueled kind. She suggested that once the federal tax credit rules are finalized, the plant may in fact be eligible for the subsidies. That’s because the guidelines might allow hydrogen plants that buy RNG credits to qualify. “It’s a well established system that’s validated,” Reid said of the credits, “and the environmental benefits are there.”
It’s true that this system of RNG credits is well-established. It’s already written into California climate policy. The state has a low carbon fuel standard designed to drive down the average carbon intensity of transportation fuels over time. When it comes to calculating the carbon intensity of hydrogen for the regulations, there’s a workaround. If the hydrogen is made from natural gas, but the supplier purchases RNG credits, they can report their hydrogen as having a very low or even negative carbon intensity.
But the environmental benefits of these credits are the subject of much debate. Notably, fuel producers can buy credits from all over the country, and they don’t have to prove that their purchase had an additional effect on emissions beyond what might have happened otherwise. Though these credits may have some environmental benefit, they are certainly not causing carbon to be removed from the atmosphere, as implied by a negative carbon intensity. In an op-ed for Heatmap, scholars Emily Grubert and Danny Cullenward urged the Treasury Department not to adopt this same carbon accounting scheme for the federal tax credit, writing that it “would undermine the tax credit’s entire purpose.” They estimate that a fossil hydrogen project could qualify as zero-emissions by offsetting just 25% of its natural gas use. This could make it much harder for truly green hydrogen — like the kind made from electricity and water — to compete.
Interestingly, California’s new $12.6 billion clean hydrogen initiative appears to renounce RNG credits. A frequently asked questions page for the plan says that it “will not include the use of plastics, dairy biogas, or fossil methane paired with biomethane credits.”
Still, the California Governor’s Office of Business and Economic Development praised the BayoTech project in public comments, writing that it would “contribute to achieving California’s ambitious climate and pollution reduction goals.”
The letter seemed to be mistaken about what it was supporting, however, noting that the facility would “utilize woody biomass, helping to address two needs — utilization of a waste stream and production of renewable hydrogen.” When I reached out to the governor’s office, spokesperson Willie Rudman told me the reference to woody biomass was an accident, “resulting from a mix-up with another project.” Still, the office supports the project, he said, due to “commitments made by the developer to utilize renewable natural gas as the feedstock, which can be transported to the production facility via existing natural gas pipelines.”
When I noted that this, too, was a mix-up, and that BayoTech would be buying RNG credits, not using the fuel directly, Rudman responded that this was a cost-effective and perfectly acceptable practice under California’s low-carbon fuel standard.
If you view BayoTech’s plant as a bridge to get the hydrogen economy underway, Ethan Elkind, director of the climate program at the University of California, Berkeley’s Center for Law, Energy and the Environment, told me, it’s important to know how to get to the other side. “Is this just a lifeline for the oil and gas industry, to give them another product that they can sell, which those profits then go back into drilling more oil and gas?” He said he wasn’t categorically opposed to the idea of using natural gas to produce hydrogen for now, as long as there were built-in mechanisms to convert the facility to zero-emissions down the line.
Wingfield of the Port of Stockton asserted that BayoTech’s plant would become cleaner over time, but the port has no such commitment in writing, and it’s also not entirely clear how. BayoTech’s Reid was not sure whether the Stockton plant would find a local source of RNG. She said the company was looking, but that it was rare to find alignment between BayoTech’s business model — putting hydrogen production very close to demand — and RNG suppliers. The only other route to cleaner production, other than completely replacing the plant with one that runs on electricity, would be to install carbon capture equipment. But Reid said the amount of carbon the plant produces will be so small that it may not justify the expense. “We continue to talk to players in the industry and evaluate what they’re bringing out commercially to see if there’s a match with our production units,” she said.
Construction on the plant will begin in a few months, Reid told me, and won’t take long. BayoTech expects to be delivering hydrogen in 2025.
Interstate Renewable Energy Council
