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Having a true green hydrogen industry depends on that not happening.

In late December, the Treasury Department proposed draft regulations to implement the Inflation Reduction Act’s generous hydrogen production tax credit. Under Section 45V of the tax code, eligible projects must show that their life cycle greenhouse gas emissions fall below exacting benchmarks. Treasury’s final rules will determine how hydrogen projects are allowed to calculate their emissions and direct the flow of tens of billions of tax dollars — or more.
Most of the discussion that followed focused on the draft rule’s proposed guardrails for green hydrogen, which is produced from water using clean electricity. The climate policy community in particular largely approved of Treasury’s approach, in part because it lays the groundwork for hourly emissions accounting in the electricity sector — essentially, making sure that clean energy is being made and used in real time, a foundational shift needed for deep decarbonization.
But when it comes to producing hydrogen from methane — which is how nearly all hydrogen is made today — Treasury’s draft was incomplete. In place of a concrete proposal, the draft regulations raised detailed technical questions about what should be allowed in the final rule. Among these was the suggestion that hydrogen production from fossil fuels might qualify for tax credits by using methane offsets. This, quite simply, would undermine the tax credit’s entire purpose.
If the final regulations authorize methane offsets, then the 45V tax credit could end up subsidizing fossil fuel projects, stifling the nascent green hydrogen industry and locking in emissions-intensive infrastructure for decades to come. Just as concerning, authorizing offsets for the hydrogen production tax credit would also pave the way for similar treatment in the upcoming implementation of technology-neutral clean energy production ( Section 45Y) and investment tax credits (Section 48E).
To understand how offsets could affect the strategic outlook for the hydrogen industry, we looked at how the Treasury Department calculates the life cycle emissions of hydrogen production from natural gas, which is essentially just methane. Treasury’s draft regulations propose to use a bespoke life cycle analysis model to determine whether hydrogen projects qualify for the tax credit, and if so, what level of support they will receive.
This model has several important features: It accounts for CO2 emitted in the process of producing hydrogen from methane, which is straightforward, as well as methane emissions from upstream gas production, processing, and pipeline transportation, which is not. (Unfortunately, it doesn’t include impacts from hydrogen, which itself is an indirect greenhouse gas that contributes to global warming.)
The model’s treatment of methane emissions is particularly important. Although the academic literature suggests a national average above 2% and finds impacts above 9% in some cases, the model assumes that gas supply chains emit only 0.9% of the methane they deliver. Differences in methane emissions matter a lot, even when they look small. That’s because methane traps about 30 times as much heat as CO2 over a 100-year period, so its calculated CO2-equivalence is that much larger.
As a result, Treasury’s proposed approach undercounts the true climate impacts of hydrogen production, particularly hydrogen made from methane. Even so, fossil hydrogen production faces a narrow path to qualifying for the tax credit. For example, a fossil hydrogen project would have to capture more than 70% of its CO2 emissions and buy enough clean electricity to power all its operations — either directly as energy or indirectly as energy credits — even to qualify for the lower tiers of the tax credit. And even though projects’ actual methane emissions are likely to be undercounted, the model’s assumptions are enough to disqualify fossil projects from the highest tax credit tier, which is substantially more lucrative than any of the others.
Because of the difficulty of achieving high CO2 capture rates, some analysts have argued that fossil hydrogen projects will instead wind up applying for tax credits under Section 45Q of the IRA, which provides incentives for sequestering CO2 underground without the hydrogen tax credit’s exacting emissions standards.
But a fossil hydrogen project can claim totally different outcomes if it’s allowed to buy environmental certificates that claim to avoid methane emissions in the first place, a.k.a. methane offsets. The logic goes like this: If someone else was going to emit methane to the atmosphere, but agrees instead to capture and inject it into a gas pipeline network, then a hydrogen producer can buy a certificate from that other methane producer representing that same captured gas and potentially treat their own fossil gas as negative emissions.
For example, consider a large dairy that sends cow manure to uncovered manure lagoons, which produce significant methane emissions. Suppose the dairy installs a methane capture system and sells credits to a hydrogen producer, which then claims to have avoided the dairy’s methane emissions — even if these emissions could be avoided in other ways, like alternative manure management or flaring. Because methane is considered almost 30 times more impactful than CO2 over a 100-year period, the CO2-equivalence of avoiding methane emissions is larger than the project’s direct CO2 emissions, and therefore the resulting hydrogen production process gets a negative carbon intensity score.
If your head is spinning at this point, welcome to the world of offsets. Outcomes depend on counterfactual scenarios that can’t be measured or observed, burning fossil fuels can supposedly reduce pollution, and even the verb tenses are hard to parse.
Vertigo aside, the practical implications of methane offsets for the hydrogen production tax credit are enormous. Without methane offsets, fossil hydrogen projects couldn’t benefit much from the hydrogen tax credit; even with strict carbon capture and storage pollution controls, they can't meet the life cycle requirements for the top tier and would likely prefer to claim a smaller carbon storage tax credit instead. But if projects can use methane offsets, they can easily reduce their calculated emissions to qualify for the top tier of the hydrogen production tax credit.
This would also mean these fossil projects could undercut truly clean hydrogen projects. Green hydrogen projects that comply with the draft guardrails will have to invest in novel electrolyzer technologies and new clean power sources. The top tier of the tax credit provides enough money to make clean hydrogen projects competitive, but methane offsets are a lot less expensive than electrolyzers. If fossil producers can qualify with cheap offsets, they can pocket the difference and outcompete clean producers who have to invest in costly infrastructure.
We set out to estimate the amount of methane offsetting needed to qualify fossil projects for the top production tax credit tier. You can review our calculations here; for the carbon intensity of putatively negative emissions feedstocks, we used a conservative estimate that is about half the level of what other researchers use.
Remarkably, a fossil hydrogen project without carbon capture could qualify for the top production tax credit by offsetting just 25% of its fuel use. And a fossil hydrogen project that abates 90% of its CO2 emissions could earn the top tier of the tax credit if it bought offsets for just 4% of its fuel use.
So far a lot of the discussion about negative carbon intensity scores has focused on methane captured from livestock manure, but Treasury’s draft regulations also make reference to the possibility of capturing “fugitive emissions,” which could include methane emitted from the oil and gas sector or even from coal mines. If methane offsets are made eligible across a wide range of fugitive emissions, the hydrogen tax credit — which was designed as a generous incentive to promote innovation in new technologies — could end up subsidizing incumbent emitters.
Treasury’s hydrogen regulations will also set an important precedent for how offsets are treated in other government policies. The last set of tax credits in the IRA, a pair of technology-neutral investment and production tax credits for clean electricity generation, are under development this year. It’s great news that soon the U.S. federal government will support a full range of clean technologies, not just solar and wind — but not if those policies encourage higher-emitting activities that claim to be clean through the use of offsets. There are a few existing markets for methane offsets already, and certain segments of the economy — particularly the dairy industry — are hungry for more.
At the end of the day, the Biden administration faces a similar set of issues when it comes to producing hydrogen from methane that it did with clean hydrogen produced from electricity and water. If the tax credits encourage green hydrogen projects in places where it is difficult to supply cheap and clean electricity, then those projects risk becoming stranded assets when the tax credits expire. Similarly, if the tax credits encourage hydrogen production from chemical feedstocks and methane offsets, they will prop up fossil fuel infrastructure that could keep operating long after the requirement to buy offsets expires.
For all the complexity, though, one thing is clear: We won’t get a true green hydrogen industry if the Treasury Department decides to subsidize methane offsets — which, when you put it like that, doesn’t make much sense in the first place.
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The data center boom is everywhere you look in U.S. economic and emissions data.
This is an edition of Heatmap Daily, an evening review of the day’s news written by our executive editor. Sign up for it here.
It isn’t exactly a new thought, but I’ve been struck recently by how many trends in America’s economic and environmental data are fundamentally about the data center boom and the return of electricity demand:
First, the Energy Information Administration reported this week that U.S. emissions grew by more than 2% last year, driven by surging electricity demand and an increase in coal-fired generation.What caused that higher power demand? New factories and data centers — as well as record summertime cooling demand.
Second, many of the new factories driving that higher power demand are themselves producing goods that are … let’s say … data center-adjacent. There are the enormous new semiconductor fabs, of course. But Ford and General Motors have also set up new production lines (or repurposed old ones) to manufacture grid-scale batteries to meet power demand.
Third, take a look at the recent U.S. spending on private non-residential construction — in other words, everything American companies are building that is not houses, condos, or apartments.
The construction industry’s spent almost $60 billion on data centers over the past year, which is more than it spent on all other office buildings combined (and more than it spent building warehouses, too). Just a handful of categories — data centers, power plants, electricity infrastructure, and certain kinds of electronics manufacturing — now make up a third of all U.S. private non-residential construction investment. They’ve never made up such a large share of construction spending since data collection began in 2014.
As The New York Times recently noted, the American economy is unusually dependent on the American stock market right now — and the stock market is unusually dependent on artificial intelligence. This week, investors started to balk at the enormous spending hyperscalers are planning to keep building out the AI boom; Alphabet’s shares dropped 8% this week after it boosted its planned 2026 capital expenditure and signaled 2027 will be even bigger. If the data center boom started to slow down in earnest, then more than just that budget will change.
Speaking of which, my colleague Emily Pontecorvo wrote earlier this week about how many businesses are struggling to even estimate their carbon emissions from artificial intelligence. The carbon accounting startup Watershed recently unveiled a new formula to help companies get a sense of their AI-related emissions.
But even that formula is still limited by the amount of data hyperscalers publish — and they don’t publish that much. Google, for instance, is the only AI company that has (laudably) provided estimates of its emissions on a per-prompt basis. Yet no company has published its per-token emissions, or how emissions sync up with particular models or regions.
So Emily asked Google: Why aren’t you — or any other model provider — disclosing this kind of data yet?
The tech company didn’t get back to us until after we’d published Emily’s story. But its response was interesting enough that I wanted to quote some of it here.
The problem is “industry consensus,” Cooper Elsworth, a Google spokesperson, told us. “There is currently very little consensus on how to comprehensively and fairly measure the serving environmental impact of generative AI (such as text generation),” he wrote. “Without standardized, ‘apples-to-apples’ frameworks, it is difficult to compare different providers accurately.”
That’s partly because energy use — and emissions data — can vary from site to site and depend on “custom-built hardware, software compilers, and advanced inference techniques.” And he claimed Google doesn’t always have the measurement hardware in place to provide such specific estimates: “Providing precise, repeatable data requires highly advanced measurement infrastructure,” he said. “For example, software-based energy monitoring tools often suffer from sampling biases. For our study, we had to step away from top-down averages and directly measure actual energy at the physical power supply unit (PSU) level across our deployed fleet. Not all providers have the telemetry or data sets required to benchmark their operations at this level of granularity.”
Read Emily’s story to understand the other reasons why estimating — or even “guesstimating” — AI-related carbon emissions is so challenging.
A conversation with Emma Uridge of the Kansas Health Institute.
This week’s conversation is with Emma Uridge, analyst with the Kansas Health Institute. Uridge spent copious hours analyzing state and local laws on data center development to best understand how policymakers are responding to the potential environmental public health impacts of large AI infrastructure, including power and water. The report, which came out this week, also goes in depth into those health impacts. I reached out to her to discuss what she sees as must-watch territory for our readers on this emerging policy arena.
Our conversation was lightly edited for clarity.
What is actually being done on policy when it comes to data centers — beyond moratoria of course?
So first I’d like to just talk about the point of moratoria. It’s helpful to talk about how these policies emerge in the first place. One area where moratoria are helpful is when a data center is proposed but the county has no approach for how they’d like to potentially regulate them. That’s temporary, most of the time. It lets local governments conduct research on the various impacts and also negotiate community benefits, ones that can mitigate any potential negative impacts — like Lancaster Pennsylvania, which instituted a community benefit agreement that maximized the potential benefits of development while mitigating what large data centers can do. That agreement looked at capping municipal water use at 20,000 gallons per day and requiring 100% clean energy. It had financial penalties for non-compliance. The company also committed $20 million to their local economic development and clean energy fund. There are ways to negotiate with developers.
We also see amendments to existing zoning. Data center proposals are increasingly popping up in rural areas, many of which are unzoned, so there’s no way a county can negotiate unless there’s a moratorium in place.
Other policy solutions include different performance standards or requiring on-site renewable energy, like what Jefferson County, Missouri, looked at. Also setback requirements, mandatory noise buffers, ending by-right zoning.
Where are local governments getting ideas for regulating data centers?
A lot of the technical information comes from developers. That can in cases be seen as a biased source of information. I wouldn’t say there’s a dedicated group providing assistance to local governments when a project is proposed — which is a similar story to wind industry development, where we have only a handful of consultants who provide technical advice. It can be really helpful to get a multi-disciplinary approach to hearing information. It can be helpful to have the utility commission, public health folks, those in academia, as well as the developer.
As of right now, especially in rural areas, local governments have a hard task of balancing pushback while getting the most accurate, evidence-based, neutral information to make decisions. That balance can be contentious.
What is the federal government doing on data center policy? How is the Trump administration approaching it?
A few things there. In the early days, the drive was for AI expansion and to be competitive with foreign adversaries. Now due to the amount of public pushback in red and blue localities and a more cautious approach.
I’m not seeing a lot of actual policy movement at this time.
I know the EPA is looking at the chemicals used in cooling data centers because when that water is cycled through the system, some of it is discharged into the water system, so they’re looking at the Toxic Substances and Control Act for monitoring that.
How much of an impact does this minimal federal role have on industry behavior?
Y’know, this isn’t specific to data centers. This is true for all kinds of large-scale development: there’s a need to require some sort of federal monitoring and regulation.
That’s where I see an emerging role for public health. At the federal level, there could be policy movement towards requiring some sort of environmental monitoring at data centers to make sure they’re operating responsibility. Looking at specific water use relative to water availability and what happens when there’s a time of severe, persistent drought. With air quality too — we’ve seen areas where the grid isn’t as reliable so their diesel generators are kicking on more and affecting air quality for residents.
We’re just not seeing all of that right now. We need corporate disclosure.
What do you see as the most important public health impacts from data center development?
It varies by localities. The most discussed obviously is water usage. One thing I’d note about my conversations with folks enthusiastic around emerging tech is, there are still questions that need to be asked about the capacity of localities to support a data center. Like a small town in Kansas may only be using 40% of their water for their utility needs. If a data center came online, how much of that water goes to the data center?
One area underexplored within the public health discipline is energy poverty and energy security. The ability of a household to meet the needs of everything energy provides in our lives. It’s known we have an aging electric grid but we’re not talking enough about large-scale blackouts when the grid is not sufficient to support some of these new data centers.
Plus more of the week’s big development fights.
1. Laramie County, Wyoming — Meta is fighting the fine it received in the Cheyenne data center water pollution controversy, and the conflict between the tech giant and the city’s small board of public utilities is continuing to spill out into the public.
2. Niagara County, New York — This county just rejected a solar project’s highway work permits in a show of retaliation against the state’s Office of Renewable Energy Siting.
3. Barron County, Wisconsin — The anti-solar protest is the new campaign stop in deep red Wisconsin.
4. Chesapeake, Virginia — A large battery storage project on the Virginia coastline is on the rocks amidst rampant local opposition.
5. Lewis County, West Virginia — West Virginia is now a key battleground in the fight over transmission, as a line spanning all of West Virginia and Maryland — and cutting through Data Center Alley in Virginia — causes compounding consternation.