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Few aspects of Biden’s climate law have spurred more controversy than the “three pillars” — a set of rules proposed by the Treasury Department for how to claim a lucrative new tax credit for producing clean hydrogen. Now, it appears, the pillars may be poised to fall.
The Treasury has been under immense pressure from Congress, energy companies, and even leaders at the Department of Energy to relax the rules since before it even published the proposal in December. The pillars, criteria designed to prevent the program from subsidizing projects that increase U.S. greenhouse gas emissions rather than reduce them, are too expensive and complicated to comply with, detractors argue, and would sink the prospects for a domestic clean hydrogen industry.
But lately, the campaign to dismantle the pillars has gotten both more forceful and more threatening. There’s the politically challenging hurdle that leaders of another federally-funded hydrogen program — the regional clean hydrogen hubs — have spoken out against the rules, arguing they threaten investment in hub projects and therefore job creation and economic development around the country. Then there’s the recent Supreme Court decision to overturn the precedent known as Chevron deference, which weakened agencies’ ability to defend their own rules and thereby emboldens any aggrieved parties to sue the Treasury if it keeps the pillars in place. Last week, 13 Democratic Senators, 11 of whom hail from states involved in the hubs, sent a letter calling on Treasury Secretary Janet Yellen to dramatically revise the rules or risk having them challenged in court.
The consequences of losing the three pillars can only be guessed at using models, which are built on assumptions and can’t predict the future with certainty. But proponents say the stakes couldn’t be higher. In their view, the pillars don’t just prevent carbon emissions. They mitigate the risks of rising electricity costs for everyday Americans. And without them, one of the most generous energy credits the government offers could become incredibly easy to claim, ballooning the federal budget.
The clean hydrogen tax credit was created by the Inflation Reduction Act, and offers up to $3 per kilogram of hydrogen produced, with the top dollar amount reserved for fuel that is essentially zero-emissions. The hope was that this would be enough to bring down the cost of hydrogen made from electricity to parity with hydrogen made from natural gas. If made cleanly, hydrogen could help decarbonize other carbon-intensive industries, like steelmaking and shipping.
At first, excitement for the tax credit ran high and companies quickly began making plans for new factories. Announcements of new hydrogen production capacity more than tripled from 2 million tons per year in 2021 to 7.7 million by the end of the following year, with another 6 million announced in 2023, according to the energy consulting firm Wood Mackenzie.
Then, after the Treasury’s proposal dropped last December, everything stopped. Under the three pillars, hydrogen companies that get electricity from the grid, which is still largely powered by fossil fuels, would be required to buy clean energy credits with specific attributes in order to mitigate their emissions and render their hydrogen “clean.” The credits must come from power plants located in the same region as the hydrogen production — the first pillar — that were built no more than 3 years before the hydrogen plant — the second pillar — and be purchased for every hour the plant is operating — the third pillar.
The three provisions work together to ensure that new clean power plants are brought online to meet hydrogen’s energy demand. But finding clean energy credits with these features is not easy — there aren’t many systems in place to do this yet. The Treasury took more than a year to publish its initial proposal, and leading up to it, companies lobbied aggressively for a more lenient version. There was so much money on the line that some businesses flooded 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.”
Until businesses have clarity on whether the three pillars will stay or go, the industry is on ice. Several previously announced projects have been delayed. Few companies have reached offtake agreements, even provisional ones, for their hydrogen. Almost none have received a final investment decision or started construction.
“They’re losing advantage over other parts of the world,” Hector Arreola, a principal analyst for hydrogen and emerging technologies at Wood Mackenzie, told me. Momentum to develop hydrogen projects has started to shift back to Europe, which has already finalized its own definition of what constitutes clean hydrogen, he said.
It’s hard to imagine a path forward for the Treasury to keep the three pillars intact. Last week’s letter outlined the current state of play in stark terms. “Without significant changes to the draft guidance,” it said, “one of the most powerful job creation and emission reduction tools in the IRA will likely be hamstrung by future court challenges, congressional opposition, and unfulfilled private sector investment.”
Indeed, at least one company, Constellation Energy, has already suggested it would draw on the loss of Chevron deference to sue the agency if it didn’t remove the second pillar — the requirement to buy clean energy credits from recently-built power plants. (Constellation owns a fleet of nuclear power plants and is developing hydrogen projects powered by them.) In comments to the Treasury, Constellation wrote that the requirements for purchasing clean electricity “have no basis” in the law.
“People can always sue today to challenge regulations,” Keith Martin, a renewable energy tax lawyer at the firm Norton Rose Fulbright, told me. “It’s just that the odds of success have increased.” The Supreme Court’s ruling undermines regulatory agencies’ authority to interpret federal statute.
Another hydrogen company that has been fighting the three pillars, Plug Power, has already claimed victory: It put out a press release last month declaring that it anticipates receiving the tax credit, despite the fact that the rules are still not final and its projects would likely not qualify under Treasury’s proposal. The CEO, Andy Marsh, told a hydrogen trade publication that he’s “certain” the rules will be loosened. (Plug Power didn’t respond to a request for clarification by publish time.)
In their letter, the 13 Democratic senators propose that hydrogen producers should be able to purchase clean energy from existing power plants that are already supplying the grid if they are located in a state that has a clean energy standard, or as long as the power plant doesn’t reallocate more than 10% of its power to hydrogen production. They recommend losing the hourly matching requirement altogether and replacing it with annual or monthly matching, depending on when plants start construction. The senators also suggest allowing projects built in areas with “insufficient clean energy sources,” meaning places with suboptimal sun, wind, water, or geothermal energy, to source their power from farther outside the region.
Beth Deane, the chief legal officer for Electric Hydrogen, a company that has historically supported the three pillars, told me in an interview she thought these proposals represented a good compromise. “Bottom-line, the effectiveness of green hydrogen as a decarbonization tool is being artificially held back,” she said later in an email. “We need to give up perfection on both sides of the three-pillar debate and find the ‘good enough’ solution that lets early mover projects move forward with less stringent requirements.”
But other proponents told me the letter carves out so many loopholes that the pillars would remain in name only. Rachel Fakhry, the policy director for emerging technologies at the Natural Resources Defense Council, told me the letter was “outrageous” and “a giveaway buffet.” Daniel Esposito, a manager in the electricity program at the think tank Energy Innovation, told me he can’t imagine any scenario where these exceptions don’t result in an emissions boost rather than a reduction.
That’s because the electrolyzers used to produce clean hydrogen consume a lot of power and are expected to cause fossil fuel plants — which are more flexible than renewables — to run more often and stay open longer than they otherwise would. Without a requirement to buy power from new clean sources and a prescription to match operations with clean energy throughout the day, there will be no demand signals to bring (often more expensive) clean resources onto the grid that can, for example, produce power at night when solar panels aren’t generating. Power system models from Energy Innovation, Princeton University researchers, the Rhodium Group, and the Electric Power Research Institute have all found that there could be significant emissions consequences if the three pillars were relaxed in ways suggested in the letter.
“This effectively unlocks more than 10 million metric tons of dirty electrolytic hydrogen,” Esposito said, based on some back-of-the-envelope estimates. That would cost something like $30 billion per year. Put another way, he said, every $300 paid out by this program could subsidize one ton of CO2 emissions. Put a third way, he added, it could set the U.S. back two to three percentage points on its commitment under the Paris Agreement to reduce emissions 50% to 52% by 2030 — and we’re already off track.
The authors of the letter say they’re “confident” these fears are overblown. They cite a competing analysis published last year by the consulting firm Energy and Environmental Economics and paid for by the trade group the American Council on Renewable Energy, which found that requiring companies to match their operations with clean energy on an hourly basis, rather than an annual basis, does not ensure lower greenhouse gas emissions. They also cite research by an energy modeling group at Carnegie Mellon and North Carolina State University, which found that the difference in cumulative emissions between scenarios with less stringent requirements and the full three pillars comes out to less than 1% by 2039.
Paulina Jaramillo, a professor of engineering and public policy at Carnegie Mellon who worked on that research, told me the three pillars add a level of regulatory complexity to hydrogen production that is not worth the cost in terms of the emissions savings. In general, she said, she saw no need for the rules, and that the Treasury should subsidize electrolytic hydrogen regardless of where the electricity comes from. “We need to deploy this infrastructure,” Jaramillo told me. “We need to deploy it now so it’s available later.”
The other camp of researchers disputed Jaramillo’s group’s findings, chalking them up to a series of differences in assumptions and approach. They also call the industry’s bluff on the claim that the three pillars are too hard and expensive to comply with. Esposito pointed out that a small group of hydrogen companies has already told the Treasury that if the rules were finalized as-is, they planned to build enough capacity to produce more than 6 million tons of hydrogen per year.
Fakhry argued that we are already seeing the risks of losing the three pillars play out in real time as power-hungry industries like bitcoin mining and artificial intelligence grow. Bitcoin mines have driven up emissions and energy costs around the country. Utilities in Pennsylvania are sounding the alarm that an Amazon data center seeking to divert power from an existing nuclear power plant could shift up to $140 million in costs to other electricity customers. As I wrote in Heatmap last year, this debate is not just about hydrogen — think of all the other energy-intensive industries that will have to electrify before we can reach net zero.
Plenty of stakeholders still believe that the Treasury can find a middle ground by making the three pillars more flexible. The American Clean Power Association, which represents a wide range of energy companies, has proposed loosening the hourly matching aspect for projects that start construction before 2028. Fakhry acknowledged the need for flexibility, but her recommendations are much more narrow than the senators’. For example, she would allow hydrogen producers to buy power from existing nuclear plants, but only if they are at risk of retirement and the purchase would help keep them open. Esposito said Energy Innovation would support power procurement from existing clean resources that are curtailed, meaning they produce power that currently goes unutilized.
Both Fakry and Esposito also downplayed the threat of lawsuits, arguing that Treasury did exactly what it was instructed to do by the law. The IRA specifically says that hydrogen emissions should be calculated per a section of the Clean Air Act that says any accounting should include “significant indirect emissions.” Treasury has interpreted this to include the induced emissions caused by a hydrogen plant, and received letters of support from the Environmental Protection Agency and Department of Energy backing this interpretation.
However, as Martin, the tax lawyer, told me, by overturning Chevron deference, the Supreme Court has just given “677 federal district court judges greater latitude to substitute their own judgment for subject matter experts at the federal agencies.”
Asked for comment on the Senators’ letter, a Treasury spokesperson told me the agency is still considering the many thousands of comments the agency received on the proposed rules. “The Biden Administration is committed to ensuring that progress continues and that the IRA’s investments continue to create good-paying jobs, lower energy costs, and strengthen energy security.”
Even if Yellen heeds the Senators’ advice, the department may not be able to avoid a lawsuit. “We will use every tool available to us — including the courts — to either defend a strong final rule or challenge an unlawful one that reflects the asks in the letter,” Fakhry told me.
There’s also a realpolitik argument here that the industry might want this all to be over more than it wants to kill the three pillars. “The number one thing people want is business certainty,” Esposito told me. “I don’t think people want this to drag on for another two years.”
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Give the people what they want — big, family-friendly EVs.
The star of this year’s Los Angeles Auto Show was the Hyundai Ioniq 9, a rounded-off colossus of an EV that puts Hyundai’s signature EV styling on a three-row SUV cavernous enough to carry seven.
I was reminded of two years ago, when Hyundai stole the L.A. show with a different EV: The reveal of Ioniq 6, its “streamliner” aerodynamic sedan that looked like nothing else on the market. By comparison, Ioniq 9 is a little more banal. It’s a crucial vehicle that will occupy the large end of Hyundai's excellent and growing lineup of electric cars, and one that may sell in impressive numbers to large families that want to go electric. Even with all the sleek touches, though, it’s not quite interesting. But it is big, and at this moment in electric vehicles, big is what’s in.
The L.A. show is one the major events on the yearly circuit of car shows, where the car companies traditionally reveal new models for the media and show off their whole lineups of vehicles for the public. Given that California is the EV capital of America, carmakers like to talk up their electric models here.
Hyundai’s brand partner, Kia, debuted a GT performance version of its EV9, adding more horsepower and flashy racing touches to a giant family SUV. Jeep reminded everyone of its upcoming forays into full-size and premium electric SUVs in the form of the Recon and the Wagoneer S. VW trumpeted the ID.Buzz, the long-promised electrified take on the classic VW Microbus that has finally gone on sale in America. The VW is the quirkiest of the lot, but it’s a design we’ve known about since 2017, when the concept version was revealed.
Boring isn’t the worst thing in the world. It can be a sign of a maturing industry. At auto shows of old, long before this current EV revolution, car companies would bring exotic, sci-fi concept cars to dial up the intrigue compared to the bread-and-butter, conservatively styled vehicles that actually made them gobs of money. During the early EV years, electrics were the shiny thing to show off at the car show. Now, something of the old dynamic has come to the electric sector.
Acura and Chrysler brought wild concepts to Los Angeles that were meant to signify the direction of their EVs to come. But most of the EVs in production looked far more familiar. Beyond the new hulking models from Hyundai and Kia, much of what’s on offer includes long-standing models, but in EV (Chevy Equinox and Blazer) or plug-in hybrid (Jeep Grand Cherokee and Wrangler) configurations. One of the most “interesting” EVs on the show floor was the Cybertruck, which sat quietly in a barely-staffed display of Tesla vehicles. (Elon Musk reveals his projects at separate Tesla events, a strategy more carmakers have begun to steal as a way to avoid sharing the spotlight at a car show.)
The other reason boring isn’t bad: It’s what the people want. The majority of drivers don’t buy an exotic, fun vehicle. They buy a handsome, spacious car they can afford. That last part, of course, is where the problem kicks in.
We don’t yet know the price of the Ioniq 9, but it’s likely to be in the neighborhood of Kia’s three-row electric, the EV9, which starts in the mid-$50,000s and can rise steeply from there. Stellantis’ forthcoming push into the EV market will start with not only pricey premium Jeep SUVs, but also some fun, though relatively expensive, vehicles like the heralded Ramcharger extended-range EV truck and the Dodge Charger Daytona, an attempt to apply machismo-oozing, alpha-male muscle-car marketing to an electric vehicle.
You can see the rationale. It costs a lot to build a battery big enough to power a big EV, so they’re going to be priced higher. Helpfully for the car brands, Americans have proven they will pay a premium for size and power. That’s not to say we’re entering an era of nothing but bloated EV battleships. Models such as the overpowered electric Dodge Charger and Kia EV9 GT will reveal the appetite for performance EVs. Smaller models like the revived Chevy Bolt and Kia’s EV3, already on sale overseas, are coming to America, tax credit or not.
The question for the legacy car companies is where to go from here. It takes years to bring a vehicle from idea to production, so the models on offer today were conceived in a time when big federal support for EVs was in place to buoy the industry through its transition. Now, though, the automakers have some clear uncertainty about what to say.
Chevy, having revealed new electrics like the Equinox EV elsewhere, did not hold a media conference at the L.A. show. Ford, which is having a hellacious time losing money on its EVs, used its time to talk up combustion vehicles including a new version of the palatial Expedition, one of the oversized gas-guzzlers that defined the first SUV craze of the 1990s.
If it’s true that the death of federal subsidies will send EV sales into a slump, we may see messaging from Detroit and elsewhere that feels decidedly retro, with very profitable combustion front-and-center and the all-electric future suddenly less of a talking point. Whatever happens at the federal level, EVs aren’t going away. But as they become a core part of the car business, they are going to get less exciting.
Current conditions: Parts of southwest France that were freezing last week are now experiencing record high temperatures • Forecasters are monitoring a storm system that could become Australia’s first named tropical cyclone of this season • The Colorado Rockies could get several feet of snow today and tomorrow.
This year’s Atlantic hurricane season caused an estimated $500 billion in damage and economic losses, according to AccuWeather. “For perspective, this would equate to nearly 2% of the nation’s gross domestic product,” said AccuWeather Chief Meteorologist Jon Porter. The figure accounts for long-term economic impacts including job losses, medical costs, drops in tourism, and recovery expenses. “The combination of extremely warm water temperatures, a shift toward a La Niña pattern and favorable conditions for development created the perfect storm for what AccuWeather experts called ‘a supercharged hurricane season,’” said AccuWeather lead hurricane expert Alex DaSilva. “This was an exceptionally powerful and destructive year for hurricanes in America, despite an unusual and historic lull during the climatological peak of the season.”
AccuWeather
This year’s hurricane season produced 18 named storms and 11 hurricanes. Five hurricanes made landfall, two of which were major storms. According to NOAA, an “average” season produces 14 named storms, seven hurricanes, and three major hurricanes. The season comes to an end on November 30.
California Gov. Gavin Newsom announced yesterday that if President-elect Donald Trump scraps the $7,500 EV tax credit, California will consider reviving its Clean Vehicle Rebate Program. The CVRP ran from 2010 to 2023 and helped fund nearly 600,000 EV purchases by offering rebates that started at $5,000 and increased to $7,500. But the program as it is now would exclude Tesla’s vehicles, because it is aimed at encouraging market competition, and Tesla already has a large share of the California market. Tesla CEO Elon Musk, who has cozied up to Trump, called California’s potential exclusion of Tesla “insane,” though he has said he’s okay with Trump nixing the federal subsidies. Newsom would need to go through the State Legislature to revive the program.
President-elect Donald Trump said yesterday he would impose steep new tariffs on all goods imported from China, Canada, and Mexico on day one of his presidency in a bid to stop “drugs” and “illegal aliens” from entering the United States. Specifically, Trump threatened Canada and Mexico each with a 25% tariff, and China with a 10% hike on existing levies. Such moves against three key U.S. trade partners would have major ramifications across many sectors, including the auto industry. Many car companies import vehicles and parts from plants in Mexico. The Canadian government responded with a statement reminding everyone that “Canada is essential to U.S. domestic energy supply, and last year 60% of U.S. crude oil imports originated in Canada.” Tariffs would be paid by U.S. companies buying the imported goods, and those costs would likely trickle down to consumers.
Amazon workers across the world plan to begin striking and protesting on Black Friday “to demand justice, fairness, and accountability” from the online retail giant. The protests are organized by the UNI Global Union’s Make Amazon Pay Campaign, which calls for better working conditions for employees and a commitment to “real environmental sustainability.” Workers in more than 20 countries including the U.S. are expected to join the protests, which will continue through Cyber Monday. Amazon’s carbon emissions last year totalled 68.8 million metric tons. That’s about 3% below 2022 levels, but more than 30% above 2019 levels.
Researchers from MIT have developed an AI tool called the “Earth Intelligence Engine” that can simulate realistic satellite images to show people what an area would look like if flooded by extreme weather. “Visualizing the potential impacts of a hurricane on people’s homes before it hits can help residents prepare and decide whether to evacuate,” wrote Jennifer Chu at MIT News. The team found that AI alone tended to “hallucinate,” generating images of flooding in areas that aren’t actually susceptible to a deluge. But when combined with a science-backed flood model, the tool became more accurate. “One of the biggest challenges is encouraging people to evacuate when they are at risk,” said MIT’s Björn Lütjens, who led the research. “Maybe this could be another visualization to help increase that readiness.” The tool is still in development and is available online. Here is an image it generated of flooding in Texas:
Maxar Open Data Program via Gupta et al., CVPR Workshop Proceedings. Lütjens et al., IEEE TGRS
A new installation at the Centre Pompidou in Paris lets visitors listen to the sounds of endangered and extinct animals – along with the voice of the artist behind the piece, the one and only Björk.
How Hurricane Helene is still putting the Southeast at risk.
Less than two months after Hurricane Helene cut a historically devastating course up into the southeastern U.S. from Florida’s Big Bend, drenching a wide swath of states with 20 trillion gallons of rainfall in just five days, experts are warning of another potential threat. The National Interagency Fire Center’s forecast of fire-risk conditions for the coming months has the footprint of Helene highlighted in red, with the heightened concern stretching into the new year.
While the flip from intense precipitation to wildfire warnings might seem strange, experts say it speaks to the weather whiplash we’re now seeing regularly. “What we expect from climate change is this layering of weather extremes creating really dangerous situations,” Robert Scheller, a professor of forestry and environmental resources at North Carolina State University, explained to me.
Scheuller said North Carolina had been experiencing drought conditions early in the year, followed by intense rain leading up to Helene’s landfall. Then it went dry again — according to the U.S. Drought Monitor, much of the state was back to some level of drought condition as of mid-November. The NIFC forecast report says the same is true for much of the region, including Florida, despite its having been hit by Hurricane Milton soon after Helene.
That dryness is a particular concern due to the amount of debris left in Helene’s wake — another major risk factor for fire. The storm’s winds, which reached more than 100 miles per hour in some areas, wreaked havoc on millions of acres of forested land. In North Carolina alone, the state’s Forest Service estimates over 820,000 acres of timberland were damaged.
“When you have a catastrophic storm like [Helene], all of the stuff that was standing upright — your trees — they might be snapped off or blown over,” fire ecologist David Godwin told me. “All of a sudden, that material is now on the forest floor, and so you have a really tremendous rearrangement of the fuels and the vegetation within ecosystems that can change the dynamics of how fire behaves in those sites.”
Godwin is the director of the Southern Fire Exchange for the University of Florida, a program that connects wildland firefighters, prescribed burners, and natural resources managers across the Southeast with fire science and tools. He says the Southeast sees frequent, unplanned fires, but that active ecosystem management helps keep the fires that do spark from becoming conflagrations. But an increase like this in fallen or dead vegetation — what Godwin refers to as fire “fuel” — can take this risk to the next level, particularly as it dries out.
Godwin offered an example from another storm, 2018’s Hurricane Michael, which rapidly intensified before making landfall in Northern Florida and continuing inland, similar to Hurricane Helene. In its aftermath, there was a 10-fold increase in the amount of fuel on the ground, with 72 million tons of timber damaged in Florida. Three years later, the Bertha Swamp Road Fire filled the storm’s Florida footprint with flames, which consumed more than 30,000 acres filled with dried out forest fuel. One Florida official called the wildfire the “ghost” of Michael, nodding to the overlap of the impacted areas and speaking to the environmental threat the storm posed even years later.
Not only does this fuel increase the risk of fire, it changes the character of the fires that do ignite, Godwin said. Given ample ground fuel, flame lengths can grow longer, allowing them to burn higher into the canopy. That’s why people setting prescribed fires will take steps like raking leaf piles, which helps keep the fire intensity low.
These fires can also produce more smoke, Godwin said, which can mix with the mountainous fog in the region to deadly effect. According to the NIFC, mountainous areas incurred the most damage from Helene, not only due to downed vegetation, but also because of “washed out roads and trails” and “slope destabilization” from the winds and rain. If there is a fire in these areas, all these factors will also make it more challenging for firefighters to address it, the report adds.
In addition to the natural debris fire experts worry about, Helene caused extensive damage to the built environment, wrecking homes, businesses, and other infrastructure. Try imagining four-and-a-half football fields stacked 10 feet tall with debris — that’s what officials have removed so far just in Asheville, North Carolina. In Florida’s Treasure Island, there were piles 50 feet high of assorted scrap materials. Officials have warned that some common household items, such as the lithium-ion batteries used in e-bikes and electric vehicles, can be particularly flammable after exposure to floodwaters. They are also advising against burning debris as a means of managing it due to all the compounding risks.
Larry Pierson, deputy chief of the Swannanoa Fire Department in North Carolina, told Blueridge Public Radio that his department’s work has “grown exponentially since the storm.” While cooler, wetter winter weather could offer some relief, Scheuller said the area will likely see heightened fire behavior for years after the storm, particularly if the swings between particularly wet and particularly dry periods continue.
Part of the challenge moving forward, then, is to find ways to mitigate risk on this now-hazardous terrain. For homeowners, that might mean exercising caution when dealing with debris and considering wildfire risk as part of rebuilding plans, particularly in more wooded areas. On a larger forest management scale, this means prioritizing safe debris collection and finding ways to continue the practice of prescribed burns, which are utilized more in the Southeast than in any other U.S. region. Without focused mitigation efforts, Godwin told me the area’s overall fire outlook would be much different.
“We would have a really big wildfire issue,” he said, “perhaps even bigger than what we might see in parts of the West.”