Sign In or Create an Account.

By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy

Economy

The Clean Hydrogen Rules Will Be Delayed Until at Least October

The Biden administration will miss a deadline in the Inflation Reduction Act, as it tries to regulate one of the climate law’s most generous —and contentious — tax credits.

Janet Yellen and hydrogen infrastructure.
Heatmap Illustration/Getty Images

The Biden administration is planning to publish rules governing one of the most generous subsidies in its new climate law — a tax credit for clean hydrogen — no earlier than October, missing a key deadline inscribed in the law, according to a source familiar with the process.

The rules revolve around one of the most contentious questions that has emerged after the law’s passage: How do you know that your electricity is clean? The debate has divided climate activists, hydrogen companies, renewable developers, and nuclear-power plant owners.

The ultimate answer could — by one estimate — determine the flow of more than $100 billion in federal subsidies over the next two decades.

The new rules could come as late as December, the source said, missing the deadline by as much as four months. The climate law required the Treasury Department publish guidance about the hydrogen tax credit within one year of its passage. Because the law was signed on August 16, 2022, that deadline will arrive next week.

Get one great climate story in your inbox every day:

* indicates required
  • Hydrogen is key to the Biden administration’s climate strategy. The colorless, odorless gas has the potential to replace fossil fuels in industries that are otherwise difficult to make climate-friendly, including steelmaking, shipping, aviation, and fertilizer production. While hydrogen does not emit any carbon when burned, today most hydrogen is made from natural gas in a carbon-intensive process.

    The new tax credit is designed to make cleaner production methods more competitive, and it offers the largest reward — $3 per kilogram of hydrogen — to companies that can make hydrogen without emitting almost any greenhouse gases at all.

    The issue before the Treasury Department is how companies should calculate their greenhouse gas emissions when trying to qualify for this credit. But there’s no universally accepted way to do this accounting. That is an especially big problem for a method of producing hydrogen called electrolysis, which uses electricity to split water into its constituent hydrogen and oxygen atoms. The process is incredibly energy-intensive, but it can be emissions-free, as long as the electricity comes from a carbon-free source.

    A major debate has erupted among energy companies, environmental groups, and academics over what should qualify as carbon-free electricity. Earlier this year, researchers from Princeton University’s ZERO Lab warned that the Treasury Department’s decision could risk a major increase in emissions, underwritten by billions of public dollars, if not crafted carefully. Most — but not all — of the nascent clean hydrogen industry has pushed back on their analysis, warning that onerous rules would “devastate the economics” of clean hydrogen.

    As we’ve previously reported, the complicated tax credit could transform the nuclear power sector and America’s energy economy writ large. It could also drive the formation of a booming domestic clean-hydrogen industry — but only if the Biden administration gets it right.

    Read more about the hydrogen rules:

    The Green Hydrogen Debate Is Much Bigger Than Hydrogen

    Yellow
    Emily Pontecorvo profile image

    Emily Pontecorvo

    Emily is a founding staff writer at Heatmap. Previously she was a staff writer at the nonprofit climate journalism outlet Grist, where she covered all aspects of decarbonization, from clean energy to electrified buildings to carbon dioxide removal.

    Robinson Meyer profile image

    Robinson Meyer

    Robinson is the founding executive editor of Heatmap. He was previously a staff writer at The Atlantic, where he covered climate change, energy, and technology.

    Electric Vehicles

    The Upside of Tesla’s Decline

    A little competition is a good thing.

    Elon Musk with a down arrow.
    Illustration by Simon Abranowicz

    Tesla, formerly the golden boy of electric vehicle manufacturers, has hit the skids. After nearly continuous sales growth for a decade, in May sales were down 15% year-on-year — the fourth consecutive month of decline. Profits were down fully 45% in the second quarter thanks to soft sales and price cuts. The only new model the company has produced in five years, the Cybertruck, has gotten weak reviews and been plagued with problems.

    Electrifying transportation is a vital part of combating climate change, and for years Tesla benefited from the argument that as the pioneering American EV company, it was doing great work on the climate.

    Keep reading...Show less
    Yellow
    Sparks

    Why the Vineyard Wind Blade Broke

    Plus answers to other pressing questions about the offshore wind project.

    A broken wind turbine.
    Illustration by Simon Abranowicz

    The blade that snapped off an offshore turbine at the Vineyard Wind project in Massachusetts on July 13 broke due to a manufacturing defect, according to GE Vernova, the turbine maker and installer.

    During GE’s second quarter earnings call on Wednesday, CEO Scott Strazik and Vice President of Investor Relations Michael Lapides said there was no indication of a design flaw in the blade. Rather, the company has identified a “material deviation” at one of its factories in Gaspé, Canada. (Strazik provided more color in an interview with Bloomberg, noting that the blade had “insufficient bonding.”)

    Keep reading...Show less
    Green
    Politics

    The Best Permitting Reform Deal We’re Going to Get

    Whether that’s enough to see it through this Congress is another story.

    Manchin, Barrasso, and wires.
    Illustration by Simon Abranowicz

    We now know what a real bipartisan permitting overhaul could look like.

    Senators Joe Manchin and John Barrasso on Monday unveiled the Energy Permitting Reform Act, the product of months of negotiations over how to craft a sweeping change to the nation’s federal energy project approvals system that could actually pass through Congress. It’s got a little bit of everything: For the oil and gas folks, there’s mandatory offshore oil and gas lease sales and streamlined permitting requirements; for renewables, there’s faster permits for “low-impact” construction jobs and new deployment goals; for transmission, there’s siting authority for interstate lines, compulsory interregional planning, and clarity on cost allocation. There are also sections devoted to helping mining projects navigate legal uncertainties around mill sites and assistance for hydropower projects needing extended licenses. Lastly there’s a fresh limit on the length of time allowed for legal challenges against energy projects of all types.

    Keep reading...Show less