You’re out of free articles.
Log in
To continue reading, log in to your account.
Create a Free Account
To unlock more free articles, please create a free account.
Sign In or Create an Account.
By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy
Welcome to Heatmap
Thank you for registering with Heatmap. Climate change is one of the greatest challenges of our lives, a force reshaping our economy, our politics, and our culture. We hope to be your trusted, friendly, and insightful guide to that transformation. Please enjoy your free articles. You can check your profile here .
subscribe to get Unlimited access
Offer for a Heatmap News Unlimited Access subscription; please note that your subscription will renew automatically unless you cancel prior to renewal. Cancellation takes effect at the end of your current billing period. We will let you know in advance of any price changes. Taxes may apply. Offer terms are subject to change.
Subscribe to get unlimited Access
Hey, you are out of free articles but you are only a few clicks away from full access. Subscribe below and take advantage of our introductory offer.
subscribe to get Unlimited access
Offer for a Heatmap News Unlimited Access subscription; please note that your subscription will renew automatically unless you cancel prior to renewal. Cancellation takes effect at the end of your current billing period. We will let you know in advance of any price changes. Taxes may apply. Offer terms are subject to change.
Create Your Account
Please Enter Your Password
Forgot your password?
Please enter the email address you use for your account so we can send you a link to reset your password:
An arcane tax policy is about to reshape America’s energy economy.
How do you prove your electricity is clean? This deceptively simple question is at the heart of an all-out war raging among environmental groups, academics, and energy companies over a new tax credit for the production of clean hydrogen.
At stake, most immediately, is billions of dollars in subsidies and the success and integrity of a nascent climate solution. But the question is so foundational to the energy transition that the answer could also reverberate through the U.S. economy for decades to come. And by a fluke — or by the limitations of the current political system — Janet Yellen’s Treasury Department has been tasked with setting the precedent.
“This is not just a hydrogen debate, at its very core,” Nathan Iyer, a senior associate at the clean energy research nonprofit RMI, told me. “This is the first round of a much larger, era-defining question.”
Get one great climate story in your inbox every day:
To see why, it’s crucial to understand what all the hydrogen hubbub is about in the first place.
Hydrogen is a key plank in the Biden administration’s climate strategy, as it has the potential to replace fossil fuels in a number of industries, including steelmaking, shipping, aviation, and fertilizer production. But today, most hydrogen is made from natural gas in a carbon-intensive process, so first it has to become cheaper to make it in cleaner ways.
The Treasury Department got involved because the Inflation Reduction Act, which Biden signed last summer, created a generous tax credit to make these other, cleaner ways of producing hydrogen more competitive. One method, called electrolysis, involves splitting hydrogen off of water molecules using electricity. The process is emissions-free, as long as the electricity comes from a carbon-free source. Companies will be able to earn up to $3 for every kilogram of hydrogen produced this way. But before anyone can claim the credit, the Treasury has to write rules for what counts as clean electricity.
This is a more fraught question than it might sound. If a hydrogen plant wants to use power from the electric grid rather than build its own, dedicated supply, there’s no easy way to trace where the electrons it’s using originated. And the grid is still largely fed by fossil fuels.
The solution is to allow grid-connected projects to “book” clean energy by signing contracts with wind or solar or geothermal plants that serve the grid, and then “claim” the use of that energy to the Treasury. Many industries voluntarily use these sort of “book and claim” deals in order to advertise to customers that they are “powered by clean energy.”
But one influential Princeton study found that hydrogen production from electrolysis is so energy-intensive that in order to be sure that it has a low carbon footprint, these deals should follow three guidelines: The “booked” clean energy should be generated locally, from a recently-built power plant, and matched to the hydrogen facility’s operations on an hourly basis. Otherwise, you might have a hydrogen plant in New Mexico “buying” energy from a wind farm in Texas that’s already been operating for half a decade. Or you might have that same plant buy lots of local solar power, but then keep operating at night. In either case, a natural gas plant will likely have to ramp up to meet the real-time energy demand.
Without these guardrails, the authors warn, the Treasury could end up directing billions of taxpayer dollars to facilities that emit twice as much carbon as those making hydrogen from natural gas today.
Many hydrogen companies want the Treasury to instead adopt more of an “A for effort” kind of approach. They argue that the point of the tax credit is to launch a new industry, and that onerous rules could kill it before it has a chance to get off the ground.
In fact, there’s so much money on the line that the Fuel Cell and Hydrogen Industry Association has been flooding the public with ads in newspapers and on streaming and podcast services delivering a cryptic warning that “additionality” — the requirement to buy energy from new power plants — was threatening to “set America back.” Others, like the energy company NextEra, are lobbying against the hourly requirement.
While companies tussle with environmental groups and others over what’s at stake for hydrogen, the Treasury’s decision will have implications far beyond any one project, company, or even industry. That’s because the emissions risks described in the Princeton paper are not unique to clean hydrogen.
Automotive, paper and pulp, and food and beverage are just a few examples of other industries with large energy needs that use heat from natural gas boilers but could eventually switch to industrial electric heat pumps or thermal batteries. There are also emerging technologies that hardly exist yet, like machines that remove carbon from the atmosphere, that could be essential to curbing climate change, but will consume lots of electricity.
If we don’t decarbonize the grid in tandem, these solutions could do more harm than good. But whether or not it should be the responsibility of individual companies to do that is a question that will keep coming up. Unlike Europe, the U.S. has no national renewable energy standard or other policy working in the background, forcing the grid to get greener over time no matter how much electricity demand grows.
Legacy industries are unlikely to switch to electricity voluntarily, let alone build clean power sources while they do it. These shifts will require subsidies that make them profitable or regulations that obligate them. And designing those subsidies and regulations will require making the same call that the Treasury is being asked to make right now.
“In that broader sense, these clean hydrogen rules are a real opportunity,” said Gernot Wagner, a climate economist at Columbia Business School. “It's important to get this right.”
The decision could also have international trade implications. Europe has already finalized its own rules for what constitutes clean hydrogen, and they essentially mirror the three guidelines recommended by the Princeton paper, but phase them in to give companies time to figure out how to comply. A weaker set of rules in the U.S. could tarnish the reputation of U.S. hydrogen in global markets.
“We are going to want to have a single global market,” said Jason Grumet, the CEO of the trade group American Clean Power during a panel on Monday about the tax credit debate. His organization wants the Treasury to adopt similar rules to Europe, but phase them in much more slowly. He argued that some companies would still choose to follow Europe’s timeline in order to have access to that market.
The market in question is not just a market for clean hydrogen, per se. The stuff isn’t an end in itself but a building block for decarbonizing a wide range of other products: clean steel, carbon-free fertilizer, replacements for jet fuel, to name a few.
That won’t just matter for exports to Europe, but business opportunities at home. The Biden administration’s “Buy Clean” initiative requires the government to prioritize buying “low-carbon, made in America construction materials.” But if the foundation of these “clean” products is built on faulty carbon accounting it could undermine the whole program.
“Over time, there will be increasing incentives to use low-carbon materials and products because of policies like Buy Clean,” said Rebecca Dell, senior director of the industry program at the Climateworks Foundation. “But the further down the supply chain you go, the harder it is to enforce regulations on the inputs and processes at the top. So it’s worth getting [the hydrogen tax credit] right on its own merits.”
The tax credit rules could also set off a negative feedback loop within the power sector itself. The Environmental Protection Agency recently proposed new regulations to reduce emissions from power plants, including the option to let them burn a blend of natural gas and hydrogen. But if making hydrogen requires burning a lot of natural gas in the first place, the benefits could cancel out.
A senior spokesperson for the Treasury did not respond to a question about whether the department was considering any of these broader implications in devising the rules, instead replying that it was “engaging with a range of stakeholders, the Department of Energy, and other federal partners” and “focused on providing clarity to businesses as soon as possible and ensuring this incentive advances the goals of increasing energy security and combating climate change.”
Wagner, of Columbia, compared the situation to the federal renewable fuel standard, a subsidy for ethanol that Congress created ostensibly to reduce emissions from transportation. But recent analyses have found the policy has done more harm than good for the climate. Nonetheless, the EPA recently re-upped the policy for three more years. Once a policy is in place, it’s pretty hard to tighten it later, Wagner told me.
“What we are trying to do by getting the rules for clean hydrogen right from the beginning is to avoid a reckoning later.”
Read more about hydrogen:
Log in
To continue reading, log in to your account.
Create a Free Account
To unlock more free articles, please create a free account.
A new “foreign entities of concern” proposal might be just as unworkable as the House version.
In the House’s version of Trump’s One, Big, Beautiful Bill Act Republicans proposed denying tax credits to clean energy companies whose supply chains contained any ties — big or small — to China. The rules were so administratively and logistically difficult, industry leaders said, that they were effectively the same as killing the tax credits altogether.
Now the Senate is out with a different proposal that, at least on its face, seems to be more flexible and easier to comply with. But upon deeper inspection, it may prove just as unworkable.
“It has the veneer of giving more specificity and clarity,” Kristina Costa, a Biden White House official who worked on Inflation Reduction Act implementation, told me. “But a lot of the fundamental issues that were present in the House bill remain.”
The provisions in question are known as the “foreign entities of concern” or FEOC rules. They penalize companies for having financial or material relationships with businesses that are “owned by, controlled by, or subject to the jurisdiction or direction of” any of four countries — Russia, Iran, North Korea, and, most importantly for clean energy technology, China.
The Inflation Reduction Act imposed FEOC restrictions on just one clean energy tax credit — the $7,500 consumer credit for electric vehicles. Starting in 2024, if automakers wanted their cars to qualify, they could not use battery components that were manufactured or assembled by a FEOC. The rules ratcheted up over time, later disallowing critical minerals extracted or processed by a FEOC.
The idea, Costa told me, was to “target the most economically important components and materials for our energy security and economic security.” But now, the GOP is attempting to impose FEOC restrictions liberally to every tax credit and every component, in a world where China is the biggest lithium producer and dominates roughly 80% of the solar supply chain.
Not only would sourcing outside China be challenging, it would also be an administrative nightmare. The way the House’s reconciliation bill was written, a single bolt or screw sourced from a Chinese company, or even a business partially owned by Chinese citizens, could disqualify an entire project. “How in the world are you going to trace five layers down to a subcontractor who’s buying a bolt and a screw?” John Ketchum, the CEO of the energy company NextEra, said at a recent Politico summit. Ketchum deemed the rules “unworkable.”
The Senate proposal would similarly attach FEOC rules to every tax credit, but it has a slightly different approach. Rather than a straight ban on Chinese sourcing, the bill would phase-in supply chain restrictions, requiring project developers and manufacturers to use fewer and fewer Chinese-sourced inputs over time. For example, starting next year, in order for a solar farm to qualify for tax credits, 40% of the value of the materials used to develop the project could not be tied to a FEOC. By 2030, the threshold would rise to 60%. The bill includes a schedule of benchmarks for each tax credit.
“That might be strict, but it’s clearer and more specific, and it’s potentially doable,” Derrick Flakoll, the senior policy associate for North America at BloombergNEF, told me. “It’s not an all or nothing test.”
But how companies should calculate this percentage is not self-evident. The Senate bill instructs the Treasury department to issue guidance for how companies should weigh the various sub-components that make up a project. It references guidance issued by the Biden administration for the purposes of qualifying for a domestic content bonus credit, and says companies can use this for the FEOC rules until new guidance is issued.
Mike Hall, the CEO of a company called Anza that provides supply chain data and analytics to solar developers, told me he felt that the schedule was achievable for solar farm developers. But the Biden-era guidance only contains instructions for wind, solar, and batteries. It’s unclear what a company building a geothermal project or seeking to claim the manufacturing tax credit would need to do.
Costa was skeptical that the Senate bill was, in fact, clearer or more specific than the House version. “They’re not providing the level of precision in their definitions that it would take to be confident that the effect of what they’re doing here will not still require going upstream to every nut, bolt, screw, and wire in a project,” she said.
It’s also hard to tell whether certain parts of the text are intentional or a drafting error. There’s a section that Flakoll had interpreted as a grandfathering clause to allow companies to exempt certain components from the calculation if they had pre-existing procurement contracts for those materials. But Costa said that even though that seems to have been the intent, the way that it’s written does not actually achieve that goal.
In addition to rules on sourcing, the Senate bill would introduce strict ownership rules that could potentially disqualify projects that are already under construction or factories that are already producing eligible components. The text contains a long list defining various relationships with Chinese entities that would disqualify a company from tax credits. Perhaps the simplest one is if a Chinese entity owns just 25% of the company.
BloombergNEF analyzed the pipeline of solar and battery factories that are operational, under construction, or have been announced in the U.S. as of March, and quite a few have links to China. The research firm identified 22 firms “headquartered in China with Chinese parent companies or majority-Chinese shareholders” that are behind more than 100 existing or planned solar or battery factories in the U.S.
One example is AESC, a Japanese battery manufacturer that sold a controlling stake in the business to a Chinese company in 2018. AESC has two gigafactories under construction in Kentucky and South Carolina, both of which are currently paused, and a third operating in Tennessee. Another is Illuminate USA, a joint venture between U.S. renewables developer Invenergy and Chinese solar panel manufacturer LONGi; it began producing solar panels at a new factory in Ohio last year. The sources I reached out to would not comment on whether they thought that Ford, which has a licensing deal with Chinese battery maker CATL, would be affected. Ford did not respond to a request for comment.
Hall told me he would expect to see Chinese companies try to divest from these projects. But even then, if the business is still using Chinese intellectual property, it may not qualify. “It’s just a lot of hurdles for some of these factories that are already in flight to clear,” he said.
In general, the FEOC language in the Senate bill was “still not good,” he said, but “a big improvement from what was in the House language, which just seemed like an insurmountable challenge.”
Albert Gore, the executive director of the Zero Emissions Transportation Association, had a similar assessment. “Of course, the House bill isn’t the only benchmark,” he told me. “Current law is, in my view, the current benchmark, and this is going to have a pretty negative impact on our industry.”
A statement from the League of Conservation Voters’ Vice President of Federal Policy Matthew Davis was more grave, warning that the Trump administration could use the ambiguity in the bill to block projects and revoke credits. “The FEOC language remains a convoluted, barely workable maze that invites regulatory chaos, giving the Trump administration wide-open authority to worsen and weaponize the rules through agency guidance,” he wrote.
On storm damage, the Strait of Hormuz, and Volkswagen’s robotaxi
Current conditions: A dangerous heat dome is forming over central states today and will move progressively eastward over the next week • Wildfire warnings have been issued in London • Typhoon Wutip brought the worst flooding in a century to China’s southern province of Guangdong.
Hurricane Erick made landfall as a Category 3 storm on Mexico’s Pacific coast yesterday with maximum sustained winds around 125 mph. Damages are reported in Oaxaca and Guerrero. The storm is dissipating now, but it could drop up to 6 inches of rain in some parts of Mexico and trigger life-threatening flooding and mudslides, according to the National Hurricane Center. Erick is the earliest major hurricane to make landfall on Mexico's Pacific coast, and one of the fastest-intensifying storms on record: It strengthen from a tropical storm to a Category 4 storm in just 24 hours, a pattern of rapid intensification that is becoming more common as the Earth warms due to human-caused climate change. As meteorologist and hurricane expert Michael Lowry noted, Mexico’s Pacific coast was “previously unfamiliar with strong hurricanes” but has been battered by epic storms over the last two years. Acapulco is still recovering from Category 5 Hurricane Otis, which struck in late 2023.
AccuWeather
An oil tanker collision near the Strait of Hormuz is raising environmental and security concerns. The accident in the Gulf of Oman involved the Adalynn and Front Eagle tankers. It caused a “small oil spill,” according to the Emirati government, but Greenpeace analyzed satellite images and said the oil plume stretches some six square miles from the collision site. “This is just one of many dangerous incidents to take place in the past years,” said Greenpeace campaigner Farah Al Hattab. The Strait of Hormuz is a choke point for oil shipments, with about one-third of the volume of crude exported by sea moving through that route. Oil prices have been on a roller coaster ride since Israel launched airstrikes against Iran on June 13. Ships in the region have been reporting more GPS navigation interference in recent days. “If the conflict continues, we expect these interferences to continue as well,” Jean-Charles Gordon, senior director of ship tracking at research firm Kpler, toldThe New York Times.
North Carolina lawmakers finalized a bill repealing a mandate that directs electric regulators to reduce their carbon dioxide emissions by 70% by 2030. The mandate was part of a landmark 2021 law aimed at dramatically reducing the state’s power plant emissions. While at least 17 other states have similar laws in place, just two – North Carolina and Virginia – are in the Southeast. The new bill’s supporters say that the interim emissions goal would require energy providers to switch to more expensive power sources and that the costs would be passed on to consumers in the form of higher power bills.
Confusingly, regulators would still be asked to work toward carbon neutrality by 2050, even while the short-term emissions goal might be nixed. “Not having any target, even an aspirational target, could mean that we don’t stay on track to get to our 2050 goal,” Democratic Sen. Julie Mayfield said. The bill now goes to Democratic Gov. Josh Stein’s desk. There’s a chance he might veto it, but “with over a dozen House and Senate Democrats voting for the final version, the chances that any Stein veto could be overridden are higher,” The Associated Pressreported.
The United Kingdom issued long-awaited environmental guidance that it will use to determine whether new oil and gas proposals should be approved. The guidance requires that developers estimate and include scope 3 emissions – or the downstream pollution from burning oil and gas – in their drilling applications. This “will ensure the full effects of fossil fuel extraction on the environment are recognized in consenting decisions,” the Department for Energy Security and Net Zero said. The government will consider these emissions, as well as other factors like “the potential economic impact” of a project and a company’s efforts to remove carbon dioxide when granting or denying approval. The guidance will help determine whether major new drilling projects from oil giants Shell and Equinor are approved for the North Sea.
Volkswagen Group unveiled its first fully autonomous production vehicle, the ID. Buzz AD. The electric robotaxis will target corporate customers and mobility services. They “come packed with everything that’s needed to operate them,” explained Iulian Dnistran at InsideEVs. “What makes this solution interesting compared to other ride-hailing platforms is that it enables anybody to start an Uber or Waymo rival without investing hundreds of millions of dollars in research, development, and certification.” The shuttles are slated for launch across Europe and the U.S. next year. Tesla recently announced that its first Robotaxis would hit the streets in Austin, Texas, sometime this month.
Volkswagen
In a new peer-reviewed paper published in the journal Communications Earth & Environment, researchers conclude that offsetting the potential carbon emissions from reserves held by the world’s 200 largest fossil fuel companies would require planting new forests that are larger than the entire continent of North America.
The energy secretary's philosophy is all over the Senate mega-bill.
As the Senate Finance Committee worked on its version of the reconciliation bill that would, among things, overhaul the Inflation Reduction Act, there was much speculation among observers that there could be a carve out for sources of power like geothermal, hydropower, and nuclear, which provide steady generation and tend to be more popular among Republicans, along the lines of the slightly better treatment received by advanced nuclear in the House bill.
Instead, the Senate Finance Committee’s text didn’t carve out these “firm” sources of power, it carved out solar and wind, preserving tax credits for everything else through 2035, while sunsetting solar and wind by 2028.
For much of the last few months — and for years before he was sworn in as Secretary of Energy — Chris Wright has been expounding on his philosophy of energy and climate. If anything, the Senate Finance draft seems to hew closer to Wright’s worldview than Trump’s, which is less specific, even more critical of renewables (especially wind), and largely in favor of nuclear power when it comes to non-carbon-emitting generation.
“I’m sure Secretary Wright’s strong support for firm technologies over the past few months played a role in Chairman Crapo’s approach to energy tax credit reform,” Pavan Venkatakrishnan, an infrastructure fellow at the Institute for Progress, told me.
Wright argues that climate change is real but not a top-tier concern and that it certainly should not be addressed by restricting energy usage, which he sees as foundational to the good life here and abroad.
And among energy sources, the former fracking executive is no opponent of fossil fuels but is also enthusiastic about energy innovation.
In his company Liberty Energy’s Bettering Human Lives report, published last year, which doubles as a kind of manifesto, Wright wrote that “viable paths to reducing greenhouse gas (GHG) emissions can only come from reliable and affordable low-carbon energy technologies,” and specifically listed next-generation nuclear and geothermal, which Liberty had invested in through the geothermal company Fervo and nuclear company Oklo.
“To achieve largescale human betterment, we will need significant future energy additions from nuclear, hydropower, geothermal, and all other viable energy technologies,” the report read.
And he’s often been skeptical of renewables along the lines of many Congressional Republicans, that they aren’t reliable enough and require additional resources to fully support the grid.
“Maybe the biggest problem is intermittency,” Wright said at a Liberty Energy event last year.
“You can build a lot of wind and solar, and then at night, the sun’s not shining and then sometimes the wind doesn’t blow, and you have no energy. So to keep society running, you have to have a whole second separate energy system,” Wright said.
In testimony to the House of Representatives last week, Wright said “If you’re not there at peak demand, you’re just a parasite on the grid, because you just make the other sources turn up and down as you come and go.”
Many critics of the Republican reconciliation bills have noted that much of the electricity generation pipeline is solar, wind, or storage, and so cutting off their tax credits risks leaving the country at an energy shortage while gas turbines take years and years to actually get on the grid.
But as Congress was working on the reconciliation bill, Wright made a series of widely noted public appearances where he promoted clean firm power and continued government support for it.
“My recommendation has been to leave behind the equivalent of the wind and solar tax credits — through if you start construction by 2031 — for nuclear fission and fusion and geothermal,” Wright said at an event earlier this month.
In May, Wright addressed the Nuclear Energy Institute, outlining his support for sunsetting wind and solar tax credits will working to kickstart nuclear power. “My personal goal would be to much more rapidly sunset the technologies that have been around and have been living on decades of subsidies,” Wright said. He also supported a “window” of “favorable treatment” for nuclear and geothermal.
“I’m in favor of every nudge, every incentive we can get from the federal government to restart this industry,” Wright said.
While Wright has been skeptical of wind and solar and optimistic about nuclear and geothermal for years, he’s also started talking more positively about energy storage. In the past, he’s talked up hydrocarbons for “coming with their own storage,” as he put it in a 2018 podcast.
But at an appearance at ARPA-E in March, Wright gave some of his most extended thoughts on energy storage, which sits somewhat awkwardly between variable resources like solar and wind and firm resources like nuclear and geothermal.
“Solar is growing very fast, getting more efficient and taking panels, cheaper materials and developing energy,” Wright said. “The biggest problem there is the sun doesn’t always shine, and we don’t know when clouds are going to come and when it’s not going to shine, but if we can get energy storage better, that’s a game changer.”
At least until 2035.