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

    You’re out of free articles.

    Subscribe today to experience Heatmap’s expert analysis 
of climate change, clean energy, and sustainability.
    To continue reading
    Create a free account or sign in to unlock more free articles.
    or
    Please enter an email address
    By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy
    AM Briefing

    Revolution Back On

    On bring-your-own-power, Trump’s illegal energy cuts, and New York’s nuclear bonanza

    Wind turbine blades.
    Heatmap Illustration/Getty Images

    Current conditions: Temperatures in Buffalo, New York, are set to plunge by 40 degrees Fahrenheit • Snow could hit the Mid-Atlantic and Northeast as early as midweek • A cold snap in northern India is thickening fog in the region.


    Keep reading...Show less
    Blue
    Sparks

    How Trump’s Case Against Revolution Wind Fell Apart (Again)

    A federal court has once again allowed Orsted to resume construction on its offshore wind project.

    Donald Trump and wind turbines.
    Heatmap Illustration/Getty Images

    A federal court struck down the Trump administration’s three-month stop work order on Orsted’s Revolution offshore wind farm, once again allowing construction to resume (for the second time).

    Explaining his ruling from the bench Monday, U.S. District Judge Royce Lamberth said that project developer Orsted — and the states of Rhode Island and Connecticut, which filed their own suit in support of the company — were “likely” to win on the merits of their lawsuit that the stop work order violated the Administrative Procedures Act. Lamberth said that the Trump administration’s stop work order, issued just before Christmas, amounted to a change in administration position without adequate justification. The justice said he was not sure the emergency being described by the government exists, and that the “stated national security reason may have been pretextual.”

    Keep reading...Show less
    Blue
    Politics

    Amid Rising Local Pushback, U.S. Data Center Cancellations Surged in 2025

    A Heatmap Pro review of public records shows that 25 data centers were scrubbed last year after local pushback — four times as many as 2024.

    Data centers and power lines.
    Heatmap Illustration/Getty Images

    President Trump has staked his administration’s success on America’s ongoing artificial intelligence boom. More than $500 billion may be spent this year to dot the landscape with new data centers, power plants, and other grid equipment needed to sustain the explosively growing sector, according to Goldman Sachs.

    There’s just one problem: Many Americans seem to be turning against the buildout. Across the country, scores of communities — including some of the same rural and exurban areas that have rebelled against new wind and solar farms — are blocking proposed data centers from getting built or banning them outright.

    Keep reading...Show less
    Blue