The EPA’s Backdoor Move to Hobble the Carbon Capture Industry

The Trump administration’s bid to end an Environmental Protection Agency program may essentially block any company — even an oil firm — from accessing federal subsidies for capturing carbon or producing hydrogen fuel.

On Friday, the Environmental Protection Agency proposed that it would stop collecting and publishing greenhouse gas emissions data from thousands of refineries, power plants, and factories across the country.

The Trump administration argues that the scheme, known as the Greenhouse Gas Reporting Program, costs more than $2 billion and isn’t legally required under the Clean Air Act. Lee Zeldin, the EPA administrator, described the program as “nothing more than bureaucratic red tape that does nothing to improve air quality.”

But the program is more important than the Trump administration lets on. It’s true that the policy, which required more than 8,000 different facilities around the country to report their emissions, helped the EPA and outside analysts estimate the country’s annual greenhouse gas emissions.

But it did more than that. Over the past decade, the program had essentially become the master database of carbon pollution and emissions policy across the American economy. “Essentially everything the federal government does related to emissions reductions is dependent on the [Greenhouse Gas Reporting Program],” Jack Andreasen Cavanaugh, a fellow at the Center on Global Energy Policy at Columbia University, told me.

That means other federal programs — including those that Republicans in Congress have championed — have come to rely on the EPA database.

Among those programs: the federal tax credit for capturing and using carbon dioxide. Republicans recently increased the size of that subsidy, nicknamed 45Q after a section of the tax code, for companies that turn captured carbon into another product or use it to make oil wells more productive. Those changes were passed in President Trump’s big tax and spending law over the summer.

But Zeldin’s scheme to end the Greenhouse Gas Reporting Program would place that subsidy off limits for the foreseeable future. Under federal law, companies can only claim the 45Q tax credit if they file technical details to the EPA’s emissions reporting program.

Another federal tax credit, for companies that use carbon capture to produce hydrogen fuel, also depends on the Greenhouse Gas Reporting Program. That subsidy hasn’t received the same friendly treatment from Republicans, and it will now phase out in 2028.

The EPA program is “the primary mechanism by which companies investing in and deploying carbon capture and hydrogen projects quantify the CO2 that they’re sequestering, such that they qualify for tax incentives,” Jane Flegal, a former Biden administration appointee who worked on industrial emissions policy, told me. She is now the executive director of the Blue Horizons Foundation.

“The only way for private capital to be put to work to deploy American carbon capture and hydrogen projects is to quantify the carbon dioxide that they’re sequestering, in some way,” she added. That’s what the EPA program does: It confirms that companies are storing or using as much carbon as they claim they are to the IRS.

The Greenhouse Gas Reporting Program is “how the IRS communicates with the EPA” when companies claim the 45Q credit, Cavanaugh said. “The IRS obviously has taxpayer-sensitive information, so they’re not able to give information to the EPA about who or what is claiming the credit.” The existence of the database lets the EPA then automatically provide information to the IRS, so that no confidential tax information is disclosed.

Zeldin’s announcement that the EPA would phase out the program has alarmed companies planning on using the tax credit. In a statement, the Carbon Capture Coalition — an alliance of oil companies, manufacturers, startups, and NGOs — called the reporting program the “regulatory backbone” of the carbon capture tax credit.

“It is not an understatement that the long-term success of the carbon management industry rests on the robust reporting mechanisms” in the EPA’s program, the group said.

Killing the EPA program could hurt American companies in other ways. Right now, companies that trade with European firms depend on the EPA data to pass muster with the EU’s carbon border adjustment tax. It’s unclear how they would fare in a world with no EPA data.

It could also sideline GOP proposals. Senator Bill Cassidy, a Republican from Louisiana, has suggested that imports to the United States should pay a foreign pollution fee — essentially, a way of accounting for the implicit subsidy of China’s dirty energy system. But the data to comply with that law would likely come from the EPA’s greenhouse gas database, too.

Ending the EPA database wouldn’t necessarily spell permanent doom for the carbon capture tax credit, but it would make it much harder to use in the years to come. In order to re-open the tax credit for applications, the Treasury Department, the Energy Department, the Interior Department, and the EPA would have to write new rules for companies that claim the 45Q credit. These rules would go to the end of the long list of regulations that the Treasury Department must write after Trump’s spending law transformed the tax code.

That could take years — and it could sideline projects now under construction. “There are now billions of dollars being invested by the private sector and the government in these technologies, where the U.S. is positioned to lead globally,” Flegal said. Changing the rules would “undermine any way for the companies to succeed.”

Ditching the EPA database, however, very well could doom carbon capture-based hydrogen projects. Under the terms of Trump’s tax law, companies that want to claim the hydrogen credit must begin construction on their projects by 2028.

The Trump administration seems to believe, too, that gutting the EPA database may require new rules for the carbon capture tax credit. When asked for comment, an EPA spokesperson pointed me to a line in the agency’s proposal: “We anticipate that the Treasury Department and the IRS may need to revise the regulation,” the legal proposal says. “The EPA expects that such amendments could allow for different options for stakeholders to potentially qualify for tax credits.”

The EPA spokesperson then encouraged me to ask the Treasury Department for anything more about “specific implications.”