Biden allies turn against key part of his climate agenda

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Democratic lawmakers and clear power teams who typically align themselves with President Biden on environmental coverage are turning against his administration’s newest inexperienced power tax credit score steering.

In highly-anticipated steering launched late final month, the White House, Treasury Department and Department of Energy proposed guidelines governing tax credit for hydrogen energy manufacturing, which advocates imagine will probably be a essential instrument for decarbonization. The steering, although, tethers the Inflation Reduction Act’s (IRA) highest manufacturing credit score of $3 per kilogram of hydrogen produced to strict eco requirements.

“The Biden Administration’s proposal attempts to launch a green hydrogen industry while guarding against any possibility of emissions increases during initial commercial deployment,” stated Jason Grumet, the CEO of the American Clean Power Association, a clear energy business group typically allied with the Biden administration.

“Unfortunately, the Administration proposal contains a fatal – but fixable – flaw that must be addressed to realize the economic, environmental, and climate benefits of commercially scaling a domestic green hydrogen industry,” Grumet added. “While ACP embraces the basic structure of the Administration’s three-pillar approach, the rushed imposition of the most burdensome restrictions fails to acknowledge the market realities of new technology deployment.”

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President Joe Biden visits the Cummins Power Generation Facility as part of his administration's Investing in America tour in Fridley, Minn., on Monday, April 3, 2023. The Democratic president gathered with state political and business leaders at the Cummins manufacturing plant as part of his administration's 20-state tour to highlight his economic agenda, focusing on infrastructure and clean energy jobs. Last year, Cummins announced Fridley would be the site of its first electrolyzer manufacturing facility in the United States, a $10 million investment that's expected to create 100 new jobs. Electrolyzers use an electric current to separate water into oxygen and hydrogen. The hydrogen can be used as a clean power source to help decarbonize heavy-duty transportation and industrial processes.

President Biden visits the Cummins Power Generation Facility as part of his administration’s Investing in America tour in Fridley, Minnesota, on April 3. (Elizabeth Flores/Star Tribune through Getty Images)

The hydrogen manufacturing tax credit are some of essentially the most beneficiant clear power incentives earmarked underneath the IRA, Democrats’ large climate and tax invoice President Biden signed in August 2022, and are value as much as $100 billion. The laws marked the nation’s most bold effort but to spur the expansion of hydrogen technology, which stays a nascent know-how requiring billions of {dollars} in funding to attain large-scale manufacturing.

But a standard pathway for hydrogen manufacturing is electrolysis, a course of by which hydrogen is cut up from water utilizing an electrical present. While the one emissions from electrolysis are hydrogen and oxygen, environmentalists have argued that hydrogen reliance could possibly be rendered pointless as a zero-emissions energy supply if the electrical energy generated for that course of is generated from fossil fuel-fired sources.

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“The Clean Hydrogen Production Credit aims to make production of clean hydrogen with minimal climate pollution more economically competitive and accelerate development of the U.S. clean hydrogen industry,” the Treasury Department stated on Dec. 22.

Under the steering, hydrogen producers are solely eligible for the very best tax credit score if electrical energy is generated from a inexperienced power supply, similar to wind and photo voltaic, that got here on-line inside three years of a brand new facility being positioned into service. That provision means a facility fueled by inexperienced power that has been operational for greater than three years is ineligible for the credit score.

In addition, the steering requires that, starting in 2028, hydrogen builders’ electrical energy technology is sourced from a clear supply on an hourly foundation, essentially the most stringent timescale. In different phrases, the electrical energy generated by electrolysis should be produced inside an hour of hydrogen manufacturing from that electrical energy.

Jennifer Granholm

Energy Secretary Jennifer Granholm stated the steering final month will “propel the global clean energy transition.” (Alex Wong/Getty Images)

Sens. Tom Carper, D-Del., the chairman of the Environment and Public Works Committee; Sherrod Brown, D-Ohio, the chairman of the Banking, Housing and Urban Affairs Committee; and Bob Casey, D-Pa., all rapidly expressed concern following the discharge of the steering final month.

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“The development of the U.S. clean hydrogen industry is critical to reducing greenhouse gas emissions, meeting our nation’s climate goals, and creating good-paying jobs across America,” Carper stated in an announcement. “While I applaud the Biden Administration’s work to advance clean hydrogen, I fear that this proposed rule may well miss the mark.”

“When developing the Inflation Reduction Act, we intended for the clean hydrogen incentives to be flexible and technology-neutral,” he continued. “Treasury’s draft guidance does not fully reflect this intent, potentially jeopardizing the clean hydrogen industry’s ability to get off the ground successfully. Fortunately, the Biden Administration has made it clear that there will be opportunities in the days ahead to revise the rule. Without meaningful changes, I will find it difficult to support the final rule.”

Carper

Sen. Tom Carper, D-Del., who chairs the Environment and Public Works Committee, is pictured on March 9, 2023.  (Al Drago/Bloomberg through Getty Images)

Brown, in the meantime, argued the steering would “undermine” the nation’s means to supply inexpensive clear hydrogen.

“I have serious concerns about the administration’s proposed guidance,” the Ohio Democrat stated. “These new proposed rules will slow down and ultimately undermine our country’s ability to produce the clean hydrogen needed to build the energy economy of the future.”

“We wrote the Inflation Reduction Act to lower energy costs for Ohioans and unleash innovation in clean energy production in Appalachia and across the Midwest – and these rules undermine that clear goal,” Brown added. “The administration must listen to Ohioans and fix the serious flaws in these rules before they are finalized.”

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And Casey equally expressed concern that the administration’s proposal would hurt staff and the economic system.

Sen. Bob Casey of Pennsylvania at an event in Phialdelphia

Sen. Bob Casey, D-Pa., speaks earlier than President Biden at an occasion on Feb. 3, 2023, at Belmont Water Treatment Center in Philadelphia.  (AP Photo/Patrick Semansky, File)

“I have serious questions that this proposed rule will hinder our ability to produce clean hydrogen to power the U.S.’s energy future,” Casey stated in an announcement. “Further, it appears that this rule may cut out of the equation Pennsylvania workers and businesses that are ready and willing to lead the way on hydrogen power.”

“Pennsylvania jobs are at stake, and I am going to keep pushing the Administration to listen to Pennsylvanians, especially those in energy communities, and ensure our Commonwealth is poised to take full advantage of this tax credit in the way that Congress intended,” he stated.

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Prior to the announcement final month, Carper, Brown, Casey and 9 different Senate Democrats had referred to as on Biden to subject looser steering that will progressively get stricter over the following decade.

Overall, hydrogen has been extensively pegged as a key know-how for lowering future greenhouse gasoline emissions, particularly in hard-to-decarbonize sectors like delivery, heavy trucking and cement and metal manufacturing. The transportation and industrial sectors account for practically 60% of U.S. end-use emissions.

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