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Implementing the new rules could mean reshaping the entire U.S. energy system.
The most generous, lucrative, and all-around lavish subsidy in President Joe Biden’s climate law, the Inflation Reduction Act, is the new tax credit for clean hydrogen production. Under the policy, a company can get a bounty of up to $3 for each kilogram of hydrogen made with clean electricity that it produces and sells. There are few legal limits to what a company can earn.
So it figures, then, that this subsidy has been the subject of maybe the most acrimonious, dramatic, hair-tearing fight over the law so far, one that saw snoozy lobbyists and power plant operators take out Spotify spots and full-page New York Times ads in order to make their point.
On Friday, the first phase of that battle ended — and the side supported by most environmental groups claimed a provisional victory. The Biden administration proposed strict rules governing the tax credit, designed to ensure that only zero-carbon electricity meeting rigorous standards can be used to make subsidized hydrogen. The rules, which some industry groups allege could stunt the field in its infancy, will have far-reaching consequences not only for hydrogen itself, but for how America’s power grid prepares for an age of abundant, zero-carbon electricity. It will create a system for organizing clean electricity that could soon determine how companies, consumers, and the federal government buy and sell that electricity — even when it has nothing to do with hydrogen.
But all of that is in the future. Now, to get the highest value of the tax credit, companies must — like other subsidies in the law — demonstrate that they paid a prevailing wage and took advantage of local apprenticeship programs.
They also must demonstrate that they used clean, zero-carbon electricity to power their electrolyzers, the energy-hungry machines that pull hydrogen out of water or other molecules. And defining clean electricity has proven to be an enormous challenge. However the Biden administration chose to define it, someone was going to be left out — or let in.
Consider just one hypothetical. Pretend you own a fancy new electrolyzer. If you buy power for it from a wind farm that’s already hooked up to the grid, then another power plant will have to replace the electrons that you’re now using. That marginal electricity will probably have to come from a coal or natural gas power plant, meaning that it will need to burn extra fuel, meaning it will release extra carbon pollution. Does that mean that the electricity that you bought is actually clean? And if not, do you still get the tax credit?
Earlier this year, climate groups proposed that any clean electricity used to make hydrogen had to meet three requirements: It had to come from a truly new source of power on the grid; it had to generate power at the same time that it was used; and it had to be produced on essentially the same grid where it was used. The Biden administration largely adopted those requirements in Friday’s proposal. On a briefing call with reporters ahead of the rule's release, Deputy Secretary of the Treasury Wally Adeyemo was effusive about the new rule’s benefits. “We’ve developed a structure that will drive innovation and create good-paying jobs in this emerging industry while strengthening our energy security and reducing emissions in hard-to-transition sectors of the economy,” he said.
Not everyone feels that way. Senator Joe Manchin, who provided a key vote for the IRA, told Bloomberg that the draft is “horrible” and promised that “we are fighting it.”
“It doesn’t do anything the bill does. They basically made it 10 times more stringent for hydrogen,” he said. The trade group for the nuclear industry has also expressed its “disappointment,” arguing, more or less correctly, that the proposal “effectively eliminates all existing clean energy from qualifying” for the credit.
But debate about the proposal has not quite run on green vs. industry lines. Air Products, the world’s largest hydrogen producer, has backed the administration’s approach, as have half a dozen other hydrogen companies. So has Synergetic, a hydrogen developer that recently left the trade group the American Clean Power Association to protest its laxer stance. “Consumer groups are behind these rules, and environmental justice has also come out to express support,” Rachel Fakhry, a policy director at the Natural Resource Defense Council, told me.
The excessive focus on the hydrogen tax credit has been, in one sense, surprising. If you care most about cutting carbon pollution in the near-term, the hydrogen tax credit is unlikely to be the most important part of the IRA. Other policies — such as the clean electricity tax credit, which could add vast amounts of new wind and solar to the grid, or new subsidies for electric vehicles — will likely reduce greenhouse gas pollution by far more in the next decade.
But a clean hydrogen industry could soon be crucial to the climate fight. Hydrogen could eventually be used to fuel medium- and heavy-duty trucks, which are responsible for roughly a quarter of the country’s transportation emissions.
It could also decarbonize the production of steel, chemicals, and fertilizer, all of which require fossil fuels today. These are a looming climate problem: By the middle of this decade, heavy industry will pollute the climate more than any other sector of the American economy, according to the Rhodium Group, an independent research firm.
Yet this does not explain why the hydrogen tax credit attracted so much attention. It became a big fight, in short, because it stood the biggest chance of backfiring. Because the tax credit is so generous, incentivizing hydrogen companies to use more and more power, it risked gobbling up too much electricity and distorting the country’s power markets. In the disaster-movie scenario, the tax credit could wind up like the federal government’s ethanol subsidies, which have cost billions while doing nothing to help the climate.
The hydrogen tax credit “has been the most challenging piece of policy that we’ve had to contend with,” John Podesta, the White House adviser in charge of implementing the IRA, told me on the sidelines of COP28 in Dubai earlier this month.
He described the administration as balancing between two extremes. On the one hand, overly strict rules could cause companies to invest more in so-called “blue hydrogen,” which is produced by separating natural gas and capturing the resulting carbon. Yet overly loose rules could cause emissions to balloon and power prices to soar.
“We could kind of blow it in either direction, I think,” he said.
This hasn’t always been seen as a problem. Since the IRA passed last year, the clean hydrogen tax credit has stood out for its extreme generosity, which goes far beyond what is contemplated by other tax credits in the law.
Once the Treasury Department decides that a hydrogen project qualifies for the tax credit, for instance, then that project can receive credits for the next 10 years. For five of those years, it can even get that money as a direct payment from the government, rather than as a tax cut. What’s more, projects can qualify for the tax credit as long as they begin construction by 2033. That means the tax credit will still be used well into the 2040s, even if Congress does not extend it.
Almost no other policy in the law spends federal dollars so lavishly or directly. Manchin, who negotiated the final text of the IRA with Senate Majority Leader Chuck Schumer, has long championed the hydrogen industry and seen it as a way to use fossil-fuel assets, such as pipelines, in the energy transition.
Soon after the IRA passed, however, climate advocates realized that this generosity could pose risks to the rest of the law. In the summer of 2022, Wilson Ricks, an engineering Ph.D. student at Princeton, was interning for the Department of Energy, studying how to measure the climate impact of hydrogen produced by electrolysis.
Ricks had already concluded that the “lifecycle” of the electricity used to make hydrogen mattered: If electricity from a nuclear power plant was sent to an electrolyzer instead of the power grid, thereby forcing a natural-gas plant to turn on and send power to the grid instead, then so-called “clean hydrogen” could actually result in more climate pollution than the traditional approach of using natural gas to make hydrogen.
Then the IRA passed, and “potentially hundreds of billions of dollars hinged on that question,” he told me. In January, Ricks and his colleagues at Princeton’s ZERO Lab published a study urging the Biden administration to adopt stringent guidelines for the tax credit. Without hourly matching, they concluded, the subsidy could wreak havoc in the country’s electricity markets.
Ricks wasn’t the only expert suddenly worried about what a giant new hydrogen subsidy could do to electricity markets. Nearly a year earlier, Taylor Sloane, an energy developer for the utility and power company AES, virtually predicted the hydrogen fight in a Medium post.
“The reason it matters that we get these rules right is that we don’t want to have an environmental backlash against green hydrogen in a few years demonstrating how it actually increases emissions,” he wrote. “Getting the rules right from the start will ensure more stable long-term growth of green hydrogen.”
Ultimately, the administration decided that nearly all clean electricity used to produce hydrogen must meet three requirements — largely inherited from the climate groups’ proposals. They also mirror hydrogen regulations already adopted in the European Union.
First, the electricity must come from a relatively new source of zero-carbon power, such as a wind or nuclear plant: You can’t use electrons that once would have powered homes or cars to power an electrolyzer.
Second, the electricity must be produced at roughly the same time that it is used to make hydrogen: You can’t buy cheap solar power at noon and claim that you’re using it to make hydrogen at midnight.
Finally, the electricity must have been made on the same power grid that the electrolyzer itself is using: You can’t buy wind power in Iowa and claim that you’re using it to make hydrogen in Massachusetts.
Today, no power company in the country has a way of certifying that its electricity meets all three requirements of the new hydrogen rule — and none has any way of selling it, either. So the rules also require local power grids to set up and sell “energy attribute certificates,” or EACs, which certify that a given kilowatt-hour of electricity was produced on a certain grid, at a certain time, and using a certain source of clean energy.
Utilities and grid managers have until 2028 to launch this new system; until then, hydrogen companies can keep using the existing system of renewable energy credits, or RECs, which certify only that zero-carbon electricity was generated during a certain year.
Although this new system of EACs may sound like so much bureaucratic legerdemain, it could eventually become more important than the hydrogen tax credit itself, because it could all but reshape how the country’s electricity systems work.
Right now, even though the availability of clean energy rises and falls throughout the day — solar panels make more power at noon than at midnight, for instance — there is no way to buy or sell claims to that power. By creating a systematic way to describe and sell an hour of clean electricity, EACs could actually create a market for 24/7 clean electricity.
The existence of that system could alter corporate sustainability pledges, climate-friendly government orders, and even how companies measure their own progress toward meeting their Paris Agreement goals. Even though hundreds of American companies say that they buy their electricity from zero-carbon sources, only Google, Microsoft, and a few other companies have committed to buying 24/7 clean electricity.
“I know the administration faced absurd amounts of pressure given how lucrative this is,” Ricks told me. “But it seems like they pretty much held firm and went with the science.”
That said, the proposal kicks two issues down the road. It asks companies whether it should allow any exceptions to the general rule requiring that clean electricity come from clean sources. Some nuclear power plant operators, for instance, have argued that electricity from a nuclear plant should count toward the credit if the plant would otherwise be slated to shut down.
That decision could shape other administration priorities. Two of the government’s seven proposed “hydrogen hubs,” new industrial facilities funded by the bipartisan infrastructure law, are planning to use nuclear power to generate clean hydrogen. Under the current rules, these hubs may not qualify for the generous hydrogen tax credit, even though they could still earn billions in other subsidies.
The proposal also asks for advice about how to count so-called renewable natural gas, which is captured methane released from cows or landfills. Some environmentalists worry that the rules for this technology, if poorly drafted, could allow companies to engage in aggressive carbon accounting that does not align with reality. But so far, the Biden administration seems to have little appetite for that approach.
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Republicans are more likely to accuse Democrats, and vice versa, but there are also some surprising areas of agreement.
Electricity is getting more expensive. In the past 12 months, electricity prices have increased more than twice as fast as overall inflation — and the most recent government inflation data, released last week, shows prices are continuing to rise.
The Trump administration knows that power bills are a political liability. In a recent interview with Politico, Energy Secretary Chris Wright affirmed that power prices were rising, but blamed the surge on “momentum” from Biden and Obama-era policies. “That momentum is pushing prices up right now,” he said. But the Trump administration, he continued, is “going to get blamed because we’re in office.”
Is he right? Who do Americans blame for rising power prices?
It might not be who you think.
A new Heatmap Pro poll of more than 3,700 registered voters across the United States finds that Americans tend to look beyond national politics for at least some of the causes of electricity price inflation.
When asked who they blame for rising power prices, Americans are more likely to say that rising energy demand, their local utility, and their state government are to blame than they are to cite the Trump or Biden administrations.
Americans also blame extreme weather and the oil and gas industry at least somewhat for electricity inflation. Only then do they blame a national political party.
Beyond those, other trendy national topics made only a dent in how Americans think about rising power prices. About 28% of Americans said that the construction of new data centers bears “a lot” of the blame for spiking power prices. Forty-three percent of Americans said that the data center buildout should get “a little” of the blame, and about a quarter of Americans said data centers were “not at all” responsible.
The renewable energy industry, which President Trump has claimed is causing the surge, also failed to get much traction among Americans. More than a third of respondents said that renewables were “not at all” responsible for rising electricity prices, while 27% said that they bore “a lot” of responsibility. At the same time, Americans aren’t pinning the increase on tariffs: 40% of registered voters said that in their view, the new trade levies were not the cause of higher bills.
In general, Americans aren’t wrong to look to their state government when thinking about their power bills. Although many states participate in regional electricity markets, electricity is primarily regulated at the state level by public utility commissioners. States really do bear more responsibility for power prices than they do over, say, the price of a loaf of bread — or a gallon of gasoline.
No matter their self-reported political affiliation, Americans still tend to blame their state government, rising demand, and their local utility for rising power bills.
But there are trends. Democrats, of course, are far more likely to blame the Trump administration and Republicans — as well as tariffs — for electricity inflation. Republicans likewise blame the Biden administration and Democrats in much greater numbers.
Nearly 80% of Republicans say the renewable energy industry bears some amount of blame for rising prices, although only 36% of GOP respondents said it bore “a lot” of responsibility. But more than half of Republicans also allocated “a lot” or “a little” blame to the oil and gas industry.
Some causes seemed to unite respondents across the parties. Roughly the same share of Democrats, Republicans, and independents said that the buildout of new data centers was putting upward pressure on power prices.
Independent voters turned to the same big three explanations as other registered voters. But they were much more likely to blame Trump, tariffs, and the oil industry than Republicans were. Only a little more than a quarter of independents said that the renewable energy industry bore “a lot” of the blame for power price spikes as well.
In my reporting, I’ve found that surging investment in the local distribution grid — literally, the small-scale poles, wires, and transformers that get electricity to businesses and households — is the biggest driver of rising power prices. Extreme weather, higher natural gas prices, and — in some markets — rising power demand, especially from data centers, also play a role.
Some experts blame those drivers of higher bills on underlying failures — such as too little oversight from state-level regulators or excessive investment from utilities — that show up in this poll result. But just at a mechanical level, many Americans did cite some of the same causes that utility researchers themselves do. Most Americans, for instance, said that extreme weather and especially “investments in the local electric grid” are driving rising bills, although they didn’t assign it the same prominence that I would. About three quarters of respondents said that those causes bore “a lot” or “a little” of the blame.
Of course, just because rising grid spending, extreme weather, and higher gas prices have driven electricity inflation so far doesn’t mean that they will continue to do so. The Energy Information Administration projects that demand will keep rising, especially if the artificial intelligence boom continues. The Trump administration’s decision to hike taxes on electricity equipment — via tariffs and recent changes in President Trump’s spending bill — may eventually push up costs as well. So too will the Trump administration’s regulatory war on some types of new electricity infrastructure, including offshore wind farms and long-distance transmission lines.
Those policies may eventually hit voters — and their wallets. But right now, Americans aren’t looking at Washington, D.C., when thinking about their power bills.
The Heatmap Pro poll of 3,741 American registered voters was conducted by Embold Research via text-to-web responses from August 22 to 29, 2025. The survey included interviews with Americans in all 50 states and Washington, D.C. The margin of sampling error is plus or minus 1.7 percentage points.
Interested in more exclusive polling and insights? Explore Heatmap Pro here.
Current conditions: A prolonged heatwave in Mississippi is breaking nearly century-old temperature records and driving the thermometer up to 100 degrees Fahrenheit again this week • A surge of tropical moisture is steaming the West Coast, with temperatures up to 10 degrees higher than average • Heavy rainfall has set off landslide warnings in every major country in West Africa.
The Trump administration asked a federal judge on Friday to withdraw the Department of the Interior’s approval of a wind farm off the coast of Maryland, Reuters reported. Known as the Maryland Offshore Wind Project, the $6 billion array of as many as 114 turbines in a stretch of federal ocean was set to begin construction next year. Developer US Wind — a joint venture between the investment firm Apollo Global Management and a subsidiary of the Italian industrial giant Toto Holding SpA — had already faced pushback from Republicans. The town of Ocean City sued to overturn the project’s permits at the federal and state levels. When the Interior Department first announced it was reconsidering the permits in August, Mary Beth Carozza, the Republican state senator representing the area, welcomed the move but warned in a statement the news site Maryland Matters cited that opponents’ campaign against the project, known as Stop Offshore Wind, “won’t stop fighting until the Maryland offshore wind project is completely dead.”
It’s all part of President Donald Trump’s widening “war against wind” energy that kicked off the moment he returned to the White House and issued an order halting approvals for new offshore and onshore turbines. If you read the timeline Heatmap’s Emily Pontecorvo neatly charted out earlier this month, you’ll notice how quickly the administration’s multi-agency crackdown on wind power expanded, particularly after the passage of the One Big Beautiful Bill Act on July 4. The industry is just starting to push back. As I reported in this newsletter two weeks ago, the owners of the Rhode Island offshore project Revolution Wind that Trump halted unilaterally filed a lawsuit claiming the administration illegally withdrew its already-finalized permits. US Wind said it intends “to vigorously defend those permits in federal court, and we are confident that the court will uphold their validity and prevent any adverse action against them.”
EPA chief Lee Zeldin stands next to Vice President JD Vance. Megan Varner/Getty Images
The Environmental Protection Agency on Friday proposed killing the long-standing program requiring thousands of facilities across the country to report the amount of heat-trapping greenhouse gas they release into the atmosphere every year. Since 2010, the government has collected the data on emissions from coal-fired plants, oil refineries, steel mills, and other industrial sites, which now represents what The New York Times called “the country’s most comprehensive way to track greenhouse gases.”
The decision could have grave consequences for carbon capture and storage. Some had hoped Trump’s vision of unleashing fossil fuels might spur more investment in the technology to capture emissions before they enter the atmosphere and recycle the gas for industrial use or store it in wells underground. But the mix of hardware, pipelines, and storage sites remains so underdeveloped that the EPA in June said it’s “extremely unlikely that the infrastructure necessary for CCS can be deployed” by the 2032 deadline a previous Biden-era rule had set for equipping fossil fuel plants with carbon capture technology, E&E News reported at the time. Eliminating the Greenhouse Gas Reporting Program hampers all the federal programs that rely on its data. That includes the carbon capture subsidy, known by its tax code section head 45Q, which Republicans recently dialed up in Trump’s reconciliation law. The rules for claiming the tax credit include filing technical details to the EPA’s emissions program. When Heatmap’s Robinson Meyer reached out to the EPA to ask whether gutting the database posed a setback for companies looking to claim the credits, an agency spokesperson pointed him to a line in Friday’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.”
In a flurry of deals on Sunday night, at least a half-dozen U.S. nuclear companies unveiled plans for new facilities in the United Kingdom as Washington looks to fill order books for its fuel makers and next-generation reactor companies and London looks to ramp up its atomic energy output. Among the deals:
The announcements add to what Heatmap’s Katie Brigham called the “nuclear power dealmaking boom.” In a recent paper, policy experts at the center left think tank Third Way concluded that “the U.S. and U.K. are well-suited for further collaboration on nuclear, specifically SMR and Gen IV technologies,” and “could reduce deployment costs through learning rates and commissioning larger order books.”
Nearly a decade of bureaucratic tinkering at the Federal Energy Regulatory Commission came to an end so abruptly it’s most succinctly captured in onomatopoeia: “Womp,” Harvard Law School’s electricity law program director Ari Peskoe wrote on X. “With one paragraph, FERC ends a 7.5-year effort to update its approach to reviewing proposed interstate gas pipelines.” The measure would have implemented a new formula for assessing the value of new interstate gas lines that would have weighted the environment more heavily than the existing methodology, which was written in 1999. But the push to modernize the criteria after three decades “was never a serious effort,” former FERC Chairman Neil Chatterjee posted on X. “We got bullied into starting it and put on a show for years to hold protesters at bay. Just being honest. R and D led @ferc majorities both faked it.”
Ram has canceled its electric pickup truck, long expected to be a competitor to the battery-powered versions of the Ford F-150 and Chevrolet Silverado, InsideEVs reported. Parent company Stellantis said it would discontinue the 2026 battery-powered Ram 1500 REV “as demand for full-size battery-electric trucks slows in North America.” Rivals such as GM have seen a boom in EV sales in recent months, that is likely driven by the law Trump signed that rapidly phased out federal tax credits after this month. As Heatmap’s Matthew Zeitlin wrote recently, August turned out to be the best month for EV sales “in U.S. history, with just over 146,000 units sold, comprising almost 10% of total car sales that month.” Ford is still investing in what is billed as a Model T moment for EV construction. And, as I have reported here in this newsletter, Tesla’s plunge in popularity — even with former customers — has opened up more of the EV market to other vendors.
Though Ram’s all-electric pickup truck turned out to be a non-starter, its extended-range battery electric truck, formerly known as the Ramcharger, will now take on the 1500 REV moniker with a 2026 launch date. As Heatmap contributor and Shift Key podcast cohost Jesse Jenkins wrote when the Ramcharger was announced, “The economics and capabilities of a range-extended EV thus make a lot of sense, especially for massive vehicles like the full-size trucks and SUVs so many Americans love. And they squash any concerns about range anxiety that might give buyers pause.”
Scientists have long sought an economical way to harness renewable power from waves. But as Julian Spector wrote in Canary Media: “The first rule of wave power startups is that they always fail. But a plucky company called Eco Wave Power is doing its best to prove that rule wrong, and it just notched an important win in Los Angeles.” The company this month installed a 100-kilowatt system on a concrete wharf in the port of Los Angeles, with seven steel floaters affixed to a central structure that bobs in the waves, “building up hydraulic pressure that gets converted to electric power by machinery in shipping containers on shore.” If the pilot pans out and Eco Wave gets a chance to bid on a larger area of the port, the technology could — at least in theory — generate power 90% of the time, supplying electrons at a capacity factor higher than almost any other energy source besides nuclear.
Why killing a government climate database could essentially gut a tax credit
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.”