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The Biden administration is hoping they’ll be a starting gun for the industry. The industry may or may not be fully satisfied.
In one of the Biden administration’s final acts to advance decarbonization, and after more than two years of deliberation and heated debate, the Treasury Department issued the final requirements governing eligibility for the clean hydrogen tax credit on Friday.
At up to $3 per kilogram of clean hydrogen produced, this was the most generous subsidy in the 2022 Inflation Reduction Act, and it came with significant risks if the Treasury did not get the rules right. Hydrogen could be an important tool to help decarbonize the economy. But without adequate guardrails, the tax credit could turn it into a shovel that digs the U.S. deeper into a warming hole by paying out billions of dollars to projects that increase emissions rather than reducing them.
In the final guidelines, the Biden administration recognized the severity of this risk. It maintained key safeguards from the rules proposed in 2023, while also making a number of changes, exceptions, and other “flexibilities” — in the preferred parlance of the Treasury Department — that sacrifice rigorous emissions accounting in favor of making the program easier to administer and take advantage of.
For example, it kept a set of requirements for hydrogen made from water and electricity known as the “three pillars.” Broadly, they compel producers to match every hour of their operation with simultaneous clean energy generation, buy this energy from newly built sources, and ensure those sources are in the same general region as the hydrogen plant. Hydrogen production is extremely energy-intensive, and the pillars were designed to ensure that it doesn’t end up causing coal and natural gas plants to run more. But the final rules are less strict than the proposal. For example, the hourly matching requirement doesn’t apply until 2030, and existing nuclear plants count as new zero-emissions energy if they are considered to be at risk of retirement.
Finding a balance between limiting emissions and ensuring that the tax credit unlocks development of this entirely new industry was a monumental challenge. The Treasury Department received more than 30,000 comments on the proposed rule, compared to about 2,000 for the clean electricity tax credit, and just 89 for the electric vehicle tax credit. Senior administration officials told me this may have been the most complicated of all of the provisions in the IRA. In October, the department assured me that the rules would be finished by the end of the year.
Energy experts, environmental groups, and industry are still digesting the rule, and I’ll be looking out for future analyses of the department’s attempt at compromise. But initial reactions have been cautiously optimistic.
On the environmental side, Dan Esposito from the research nonprofit Energy Innovation told me his first impression was that the final rule was “a clear win for the climate” and illustrated “overwhelming, irrefutable evidence” in favor of the three pillars approach, though he did have concerns about a few specific elements that I’ll get to in a moment. Likewise, Conrad Schneider, the U.S. senior director at the Clean Air Task Force, told me that with the exception of a few caveats, “we want to give this final rule a thumbs up.”
Princeton University researcher Jesse Jenkins, a co-host of Heatmap’s Shift Key podcast and a vocal advocate for the three pillars approach, told me by email that, “Overall, Treasury’s final rules represent a reasonable compromise between competing priorities and will provide much-needed certainty and a solid foundation for the growth of a domestic clean hydrogen industry.”
On the industry side, the Fuel Cell and Hydrogen Energy Association put out a somewhat cryptic statement. CEO Frank Wolak applauded the administration for making “significant improvements” but warned that the rules were “still extremely complex” and contain several open-ended parts that will be subject to interpretation by the incoming Trump-Vance administration.
“This issuance of Final Rules closes a long chapter, and now the industry can look forward to conversations with the new Congress and new Administration regarding how federal tax and energy policy can most effectively advance the development of hydrogen in the U.S.,” Wolak said.
Constellation Energy, the country’s biggest supplier of nuclear power, was among the most vocal critics of the proposed rule and had threatened to sue the government if it did not create a pathway for hydrogen plants that are powered by existing nuclear plants to claim the credit. In response to the final rule, CEO and President Joe Dominguez said he was “pleased” that the Treasury changed course on this and that the final rule was “an important step in the right direction.”
The California governor’s office, which had criticized the proposed rule, was also swayed. “The final rules create the certainty needed for developers to invest in and build clean, renewable hydrogen production projects in states like California,” Dee Dee Myers, the director of the Governor’s Office of Business and Economic Development, said in a statement. The state has plans to build a $12.6 billion hub for producing and using clean hydrogen.
Part of the reason the Treasury needed to find a Goldilocks compromise that pleased as many stakeholders as possible was to protect the rule from future lawsuits and lobbying. But not everyone got what they wanted. For example, the energy developer NextEra, pushed the administration to get rid of the hourly matching provision, which though delayed remained essentially untouched. NextEra did not respond to a request for comment.
Companies that fall on the wrong side of the final rules may still decide to challenge them in court. The next Congress could also make revisions to the underlying tax code, or the incoming Trump administration could change the rules to perhaps make them more favorable to hydrogen made from fossil fuels. But all of this would take time — a rule change, for example, would trigger a whole new notice and comment process. Though the one thing I’ve heard over and over is that the industry wants certainty, which the final rule provides, it’s not yet clear whether that will outweigh any remaining gripes.
In the meantime, it's off to the races for the nascent clean hydrogen industry. Between having clarity on the tax credit, the Department of Energy’s $7 billion hydrogen hubs grant program, and additional federal grants to drive down the cost of clean hydrogen, companies now have numerous incentives to start building the hydrogen economy that has received much hype but has yet to prove its viability. The biggest question now is whether producers will find any buyers for their clean hydrogen.
Below is a more extensive accounting of where the Treasury landed in the final rules.
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On “deliverability,” or the requirement to procure clean energy from the same region, the rules are largely unchanged, although they do allow for some flexibility on regional boundaries.
As I explained above, the Treasury Department also kept the hourly matching requirement, but delayed it by two years until 2030 to give the market more time to set up systems to achieve it — a change Schneider said was “really disappointing” due to the potential emissions consequences. Until then, companies only have to match their operations with clean energy on an annual basis, which is a common practice today. The new deadline is strict, and those that start operations before 2030 will not be grandfathered in — that is, they’ll have to switch to hourly matching once that extended clock runs out. In spite of that, the final rules also ensure that producers won’t be penalized if they are not able to procure clean energy for every single hour their plant operates, an update several groups applauded.
On the requirement to procure clean power from newly built sources, also known as “incrementality,” the department made much bigger changes. It kept an overarching definition that “incremental” generators are those built within three years of the hydrogen plant coming into service, but added three major exceptions:
1. If the hydrogen facility buys power from an existing nuclear plant that’s at risk of retirement.
2. If the hydrogen facility is in a state that has both a robust clean electricity standard and a broad, binding, greenhouse gas cap, such as a cap and trade system. Currently, only California and Washington pass this test.
3. If the hydrogen facility buys power from an existing natural gas or coal plant that has added new carbon capture and storage capacity within three years of the hydrogen project coming into service.
The hydrogen tax credit is so lucrative that environmental groups and energy analysts were concerned it would drive companies like Constellation to start selling all their nuclear power to hydrogen plants instead of to regular energy consumers, which could drive up prices and induce more fossil fuel emissions.
The final rules try to limit this possibility by only allowing existing reactors that are at risk of retirement to qualify. But the definition of “at risk of retirement” is loose. It includes “merchant” nuclear power plants — those that sell at least half their power on the wholesale electricity market rather than to regulated utilities — as well as plants that have just a single reactor, which the rules note have lower or more uncertain revenue and higher operational costs. Looking at the Nuclear Energy Institute’s list of plants, merchant plants make up roughly 40% of the total. All of Constellation Energy’s plants are merchant plants.
There are additional tests — the plant has to have had average annual gross receipts of less than 4.375 cents per kilowatt hour for at least two calendar years between 2017 and 2021. It also has to obtain a minimum 10-year power purchase agreement with the hydrogen company. Beyond that, the reactors that meet this definition are limited to selling no more than 200 megawatts to hydrogen companies, which is roughly 20% for the average reactor.
Esposito, who has closely analyzed the potential emissions consequences of using existing nuclear plants to power hydrogen production, was not convinced by the safeguards. “I don't love the power price look back,” he told me, “because that's not especially indicative of the future — particularly this high load growth future that we're quickly approaching with data centers and everything. It’s very possible power prices could go up from that, and then all of a sudden, the nuclear plants would have been fine without hydrogen.”
As for the 200 megawatt cap, Esposito said it was better than nothing, but he feels “it's kind of an implicit admission that it's not really, truly clean” to produce hydrogen with the energy from these nuclear plants.
Schneider, on the other hand, said the safeguards for nuclear-powered hydrogen projects were adequate. While a lot of plants are theoretically eligible, not all of their electricity will be eligible, he said.
The rules assert that in states that meet the two criteria of a clean electricity standard and a binding cap on emissions, “any increased electricity load is highly unlikely to cause induced grid emissions.”
But in a paper published in February, Energy Innovation explored the potential consequences of this exemption in California. It found that hydrogen projects could have ripple effects on the cap and trade market, pushing up the state’s carbon price and triggering the release of extra carbon emission allowances. “In other words, the California program is more of a ‘soft’ cap than a binding one — the emissions budget ‘expands or contracts in response to price bounds set by the legislature and [California Air Resources Board],’” the report says.
Esposito thinks the exemption is a risk, but that it requires further analysis and he’s not sounding the alarm just yet. He said it could come down to other factors, including how economical hydrogen production in California ends up being.
Producers are also eligible for the tax credit if they make hydrogen the conventional way, by “reforming” natural gas, but capture the emissions released in the process. For this pathway, the Treasury had to clarify several accounting questions.
First, there’s the question of how producers should account for methane leaked into the atmosphere upstream of the hydrogen plant, such as from wells and pipelines. The proposal had suggested using a national average of 0.9%. But researchers found this would wildly underestimate the true warming impact of hydrogen produced from natural gas. It could also underestimate emissions from natural gas producers that have taken steps to reduce methane leakage. “We branded that as one size fits none,” Schneider told me.
The final rules create a path for producers to use more accurate, project-specific methane emissions rates in the future once the Department of Energy updates a lifecycle emissions tool that companies have to use called the “GREET” model. The Environmental Protection Agency recently passed new methane emissions laws that will enable it to collect better data on leakage, which will help the DOE update the model.
Schneider said that’s a step in the right direction, though it will depend on how quickly the GREET model is updated. His bigger concern is if the Trump administration weakens or eliminates the EPA’s methane emissions regulations.
The Treasury also opened up the potential for companies to produce hydrogen from alternative, cleaner sources of methane, like gas captured from wastewater, animal manure, and coal mines. (The original rule included a pathway for using gas captured from landfills.) In reality, hydrogen plants taking this approach are unlikely to use gas directly from these sources, but rather procure certificates that say they have “booked” this cleaner gas and can “claim” the environmental benefits.
Leading up to the final rule, some climate advocates were concerned that this system would give a boost to methane-based hydrogen production over electricity-based production, as it's cheaper to buy renewable natural gas certificates than it is to split water molecules. Existing markets for these credits also often overestimate their benefits — for example, California’s low carbon fuel system gives biogas captured from dairy farms a negative carbon intensity score, even though these projects don’t literally remove carbon from the atmosphere.
The Treasury tried to improve its emissions estimates for each of these alternative methane sources to make them more accurate, but negative carbon intensity scores are still possible.
The department did make one significant change here, however. It specified that companies can’t just buy a little bit of cleaner methane and then average it with regular fossil-based methane — each must be considered separately for determining tax credit eligibility. Jenkins, of Princeton, told me that without this rule, huge amounts of hydrogen made from regular natural gas could qualify.
Producers also won’t be able to take this “book and claim” approach until markets adapt to the Treasury’s reporting requirements, which isn’t expected until at least 2027.
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On Energy Transfer’s legal win, battery storage, and the Cybertruck
Current conditions: Red flag warnings are in place for much of Florida • Spain is bracing for extreme rainfall from Storm Martinho, the fourth named storm in less than two weeks • Today marks the vernal equinox, or the first day of spring.
A jury has ordered Greenpeace to pay more than $660 million in damages to one of the country’s largest fossil fuel infrastructure companies after finding the environmental group liable for defamation, conspiracy, and physical damages at the Dakota Access Pipeline. Greenpeace participated in large protests, some violent and disruptive, at the pipeline in 2016, though it has maintained that its involvement was insignificant and came at the request of the local Standing Rock Sioux Tribe. The project eventually went ahead and is operational today, but Texas-based Energy Transfer sued the environmental organization, accusing it of inciting the uprising and encouraging violence. “We should all be concerned about the future of the First Amendment, and lawsuits like this aimed at destroying our rights to peaceful protest and free speech,” said Deepa Padmanabha, senior legal counsel for Greenpeace USA. The group said it plans to appeal.
The Department of Energy yesterday approved a permit for the Calcasieu Pass 2 liquified natural gas terminal in Louisiana, allowing the facility to export to countries without a free trade agreement. The project hasn’t yet been constructed and is still waiting for final approvals from the independent Federal Energy Regulatory Commission, but the DOE’s green light means it faces one less hurdle.
CP2 was awaiting DOE’s go-ahead when the Biden administration announced its now notorious pause on approvals for new LNG export facilities. The project’s opponents argue it’s a “carbon bomb.” Analysis from the National Resources Defense Council suggested the greenhouse gases from the project would be equivalent to putting more than 1.85 million additional gas-fueled automobiles on the road, while the Sierra Club found it would amount to about 190 million tons of carbon dioxide equivalent annually.
President Trump met with 15 to 20 major oil and gas executives from the American Petroleum Institute at the White House yesterday. This was the president’s first meeting with fossil fuel bosses since his second term began in January. Interior Secretary Doug Burgum and Energy Secretary Chris Wright were also in the room. Everyone is staying pretty quiet about what exactly was said, but according to Burgum and Wright, the conversation focused heavily on permitting reform and bolstering the grid. Reuters reported that “executives had been expected to express concerns over Trump’s tariffs and stress the industry view that higher oil prices are needed to help meet Trump’s promise to grow domestic production.” Burgum, however, stressed that oil prices didn’t come up in the chat. “Price is set by supply and demand,” he said. “There was nothing we could say in that room that could change that one iota, and so it wasn’t really a topic of discussion.” The price of U.S. crude has dropped 13% since Trump returned to office, according to CNBC, on a combination of recession fears triggered by Trump’s tariffs and rising oil output from OPEC countries.
The U.S. installed 1,250 megawatts of residential battery storage last year, the highest amount ever and nearly 60% more than in 2023, according to a new report from the American Clean Power Association and Wood Mackenzie. Overall, battery storage installations across all sectors hit a new record in 2024 at 12.3 gigawatts of new capacity. Storage is expected to continue to grow next year, but uncertainties around tariffs and tax incentives could slow things down.
China is delaying approval for construction of BYD’s Mexico plant because authorities worry the electric carmaker’s technology could leak into the United States, according to the Financial Times. “The commerce ministry’s biggest concern is Mexico’s proximity to the U.S.,” sources told the FT. As Heatmap’s Robinson Meyer writes, BYD continues to set the global standard for EV innovation, and “American and European carmakers are still struggling to catch up.” This week the company unveiled its new “Super e-Platform,” a new standard electronic base for its vehicles that it says will allow incredibly fast charging — enabling its vehicles to add as much as 249 miles of range in just five minutes.
Tesla has recalled 46,096 Cybertrucks over an exterior trim panel that can fall off and become a road hazard. This is the eighth recall for the truck since it went on sale at the end of 2023.
This fusion startup is ahead of schedule.
Thea Energy, one of the newer entrants into the red-hot fusion energy space, raised $20 million last year as investors took a bet on the physics behind the company’s novel approach to creating magnetic fields. Today, in a paper being submitted for peer review, Thea announced that its theoretical science actually works in the real world. The company’s CEO, Brian Berzin, told me that Thea achieved this milestone “quicker and for less capital than we thought,” something that’s rare in an industry long-mocked for perpetually being 30 years away.
Thea is building a stellarator fusion reactor, which typically looks like a twisted version of the more common donut-shaped tokamak. But as Berzin explained to me, Thea’s stellarator is designed to be simpler to manufacture than the industry standard. “We don’t like high tech stuff,” Berzin told me — a statement that sounds equally anathema to industry norms as the idea of a fusion project running ahead of schedule. “We like stuff that can be stamped and forged and have simple manufacturing processes.”
The company thinks it can achieve simplicity via its artificial intelligence software, which controls the reactor’s magnetic field keeping the unruly plasma at the heart of the fusion reaction confined and stabilized. Unlike typical stellarators, which rely on the ultra-precise manufacturing and installment of dozens of huge, twisted magnets, Thea’s design uses exactly 450 smaller, simpler planar magnets, arranged in the more familiar donut-shaped configuration. These magnets are still able to generate a helical magnetic field — thought to keep the plasma better stabilized than a tokamak — because each magnet is individually controlled via the company’s software, just like “the array of pixels in your computer screen,” Berzin told me.
“We’re able to utilize the control system that we built and very specifically modulate and control each magnet slightly differently,” Berzin explained, allowing Thea to “make those really complicated, really precise magnetic fields that you need for a stellarator, but with simple hardware.”
This should make manufacturing a whole lot easier and cheaper, Berzin told me. If one of Thea’s magnets is mounted somewhat imperfectly, or wear and tear of the power plant slightly shifts its location or degrades its performance over time, Thea’s AI system can automatically compensate. “It then can just tune that magnet slightly differently — it turns that magnet down, it turns the one next to it up, and the magnetic field stays perfect,” Berzin explained. As he told me, a system that relies on hardware precision is generally much more expensive than a system that depends on well-designed software. The idea is that Thea’s magnets can thus be mass manufactured in a way that’s conducive to “a business versus a science project.”
In 2023, Thea published a technical report proving out the physics behind its so-called “planar coil stellarator,” which allowed the company to raise its $20 million Series A last year, led by the climate tech firm Prelude Ventures. To validate the hardware behind its initial concept, Thea built a 3x3 array of magnets, representative of one section of its overall “donut” shaped reactor. This array was then integrated with Thea’s software and brought online towards the end of last year.
The results that Thea announced today were obtained during testing last month, and prove that the company can create and precisely control the complex magnetic field shapes necessary for fusion power. These results will allow the company to raise a Series B in the “next couple of years,” Berzin said. During this time, Thea will be working to scale up manufacturing such that it can progress from making one or two magnets per week to making multiple per day at its New Jersey-based facility.
The company’s engineers are also planning to stress test their AI software, such that it can adapt to a range of issues that could arise after decades of fusion power plant operation. “So we’re going to start breaking hardware in this device over the next month or two,” Berzin told me. “We’re purposely going to mismount a magnet by a centimeter, put it back in and not tell the control system what we did. And then we’re going to purposely short out some of the magnetic coils.” If the system can create a strong, stable magnetic field anyway, this will serve as further proof of concept for Thea’s software-oriented approach to a simplified reactor design.
The company is still years away from producing actual fusion power though. Like many others in the space, Thea hopes to bring fusion electrons to the grid sometime in the 2030s. Maybe this simple hardware, advanced software approach is what will finally do the trick.
The Chinese carmaker says it can charge EVs in 5 minutes. Can America ever catch up?
The Chinese automaker BYD might have cracked one of the toughest problems in electric cars.
On Tuesday, BYD unveiled its new “Super e-Platform,” a new standard electronic base for its vehicles that it says will allow incredibly fast charging — enabling its vehicles to add as much as 249 miles of range in just five minutes. That’s made possible because of a 1,000-volt architecture and what BYD describes as matching charging capability, which could theoretically add nearly one mile of range every second.
It’s still not entirely clear whether the technology actually works, although BYD has a good track record on that front. But it suggests that the highest-end EVs worldwide could soon add range as fast as gasoline-powered cars can now, eliminating one of the biggest obstacles to EV adoption.
The new charging platform won’t work everywhere. BYD says that it will also build 4,000 chargers across China that will be able to take advantage of these maximum speeds. If this pans out, then BYD will be able to charge its newest vehicles twice as fast as Tesla’s next generation of superchargers can.
“This is a good thing,” Jeremy Wallace, a Chinese studies professor at Johns Hopkins University, told me. “Yes, it’s a Chinese company. And there are geopolitical implications to that. But the better the technology gets, the easier it is to decarbonize.”
“As someone who has waited in line for chargers in Pennsylvania and New Jersey, I look forward to the day when charging doesn’t take that long,” he added.
The announcement also suggests that the Chinese EV sector remains as dynamic as ever and continues to set the global standard for EV innovation — and that American and European carmakers are still struggling to catch up. The Trump administration is doing little to help the industry catch up: It has proposed repealing the Inflation Reduction Act’s tax credits for EV buyers, which provide demand-side support for the fledgling industry, and the Environmental Protection Agency is working to roll back tailpipe-pollution rules that have furnished early profits to EV makers, including Tesla. Against that background, what — if anything — can U.S. companies do to catch up?
The situation isn’t totally hopeless, but it’s not great.
BYD’s mega-charging capability is made possible by two underlying innovations. First, BYD’s new platform — the wiring, battery, and motors that make up the electronic guts of the car — will be capable of channeling up to 1,000 volts. That is only a small step-change above the best platforms available elsewhere— the forthcoming Gravity SUV from the American carmaker Lucid is built on a 926-volt platform, while the Cybertruck’s platform is 800 volts — but BYD will be able to leverage its technological firepower with mass manufacturing capacity unrivaled by any other brand.
Second, BYD’s forthcoming chargers will be capable of using the platform’s full voltage. These chargers may need to be built close to power grid infrastructure because of the amount of electricity that they will demand.
But sitting underneath these innovations is a sprawling technological ecosystem that keeps all Chinese electronics companies ahead — and that guarantees Chinese advantages well into the future.
“China’s decisive advantage over the U.S. when it comes to innovation is that it has an entrenched workforce that is able to continuously iterate on technological advances,” Dan Wang, a researcher of China’s technology industry and a fellow at the Paul Tsai China Center at Yale Law School, told me.
The country is able to innovate so relentlessly because of its abundance of process knowledge, Wang said. This community of engineering practice may have been seeded by Apple’s iPhone-manufacturing effort in the aughts and Tesla’s carmaking prowess in the 2010s, but it has now taken on a life of its own.
“Shenzhen is the center of the world’s hardware manufacturing industry because it has workers rubbing shoulders with academics rubbing shoulders with investors rubbing shoulders with engineers,” Wang told me. “And you have a more hustle-type culture because it’s so much harder to maintain technological moats and technological differentiation, because people are so competitive in these sorts of spaces.”
In a way, Shenzhen is the modern-day version of the hardware and software ecosystem that used to exist in northern California — Silicon Valley. But while the California technology industry now largely focuses on software, China has taken over the hardware side.
That allows the country to debut new technological innovations much faster than any other country can, he added. “The comparison I hear is that if you have a new charging platform or a new battery chemistry, Volkswagen and BMW will say, We’ll hustle to put this into our systems, and we’ll put it in five years from now. Tesla might say, we’ll hustle and get it in a year from now.”
“China can say, we’ll put it in three months from now,” he said.“You have a much more focused concentration of talent in China, which collapses coordination time.”
That culture has allowed the same companies and engineers to rapidly advance in manufacturing skill and complexity. It has helped CATL, which originally made batteries for smartphones, to become one of the world’s top EV battery makers. And it has helped BYD — which is close to unseating Tesla as the world’s No. 1 seller of electric vehicles — move from making lackluster gasoline cars to some of the world’s best and cheapest EVs.
It will be a while until America can duplicate that manufacturing capability, partly because of the number of headwinds it faces, Wang said.