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U.S. DOE RELEASES REPORT FOR CLEAN HYDROGEN STRATEGY AND ROADMAP

Jun 13, 2023

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Hydrogen


U.S. DOE RELEASES REPORT FOR CLEAN HYDROGEN STRATEGY AND ROADMAP

The U.S. recently took another important step in implementing a comprehensive
strategy to advance the production, processing, delivery, storage, and use of
clean hydrogen.

The Biden-Harris administration on June 5 released the U.S. National Clean
Hydrogen Strategy and Roadmap (Hydrogen Roadmap), which serves as a summary of
the current state of U.S. hydrogen production, transport, storage, and use. It
also is forward-looking, providing predictions for how clean hydrogen will
contribute to national decarbonization goals and estimates of future demand
scenarios for clean hydrogen.

COMMENTARY

Here is an overview of the key components of the roadmap, focusing on:

 * The need and opportunities for clean hydrogen.
 * Challenges to achieving the benefits of clean hydrogen.
 * Strategies for helping to overcome these challenges.


NEED AND OPPORTUNITIES FOR CLEAN HYDROGEN

The Hydrogen Roadmap reaffirms unequivocally that hydrogen is a key tool
available to support the U.S. transition to a net-zero economy (one in which
carbon emissions associated with combustion of fossil fuels are essentially
eliminated or captured and stored). As indicated in the document, hydrogen
offers the promise of leveraging regional resources and creating equitable and
sustainable growth in ways that displace sources of energy that generate greater
carbon emissions.



As a versatile energy carrier and chemical feedstock, hydrogen offers advantages
that can improve the performance of other low-carbon energy resources, including
renewables, nuclear, and fossil fuels with associated carbon capture and storage
(CCS). Hydrogen is, therefore, an “enabling” technology, supporting the
economics and reliability of renewable sources of electric generation through
long-duration energy storage and offering flexibility and multiple revenue
streams to incentivize the development of clean power generation, such as
advanced nuclear technology.

Want to learn more about hydrogen, including the production of and market for
hydrogen fuel? Register today for POWER’s Experience POWER Week, set for Aug.
14-17 in Savannah, Georgia.

Having outlined the need for clean hydrogen to help the U.S. achieve its
decarbonization goals, the Hydrogen Roadmap then discusses opportunities in the
clean hydrogen space. These market opportunities are numerous because clean
hydrogen can be produced from diverse domestic resources and used across sectors
while being able to complement today’s conventional grid and natural gas
infrastructure. However, making hydrogen at large scale on a cost-competitive
basis remains challenging. To help support initial project development efforts,
the Bipartisan Infrastructure Law (BIL), and the Inflation Reduction Act (IRA),
provide a variety of tax incentive and grant and loan guarantee programs to
support hydrogen-based projects.

Regional Clean Hydrogen Hubs. Regional Clean Hydrogen Hubs are networks that
feature clean hydrogen producers, clean hydrogen consumers, and connective
infrastructure located in close proximity to each other. The BIL provides $8
billion to the Department of Energy (DOE) to support the development of four to
eight large-scale regional hubs. DOE is currently reviewing applications for
this program and intends to select recipients to begin initial development
efforts in the coming year.

Tax Credits. The IRA provides several tax credits intended to support the
development of both supply and demand for clean hydrogen. Tax credits cover the
whole hydrogen ecosystem, from a clean hydrogen production tax credit (PTC),
which provides a credit of up to $3 per kilogram of clean hydrogen produced, to
an investment tax credit (ITC) for hydrogen storage equipment of up to 40% of
qualifying costs if certain stringent domestic content requirements are met and
even up to 50% if the domestic content requirements are satisfied and the
hydrogen storage project is located within an “energy community,” and tax
credits for hydrogen fuel cell vehicles and their refueling stations.

Combined with state-level incentives such as a low carbon fuel standard (LCFS),
the clean hydrogen PTC can make hydrogen more cost-competitive than would be
possible without the subsidies, in some cases accelerating the breakeven point
by more than a decade.

DOE Funding. The BIL and IRA also provide for tens of billions of dollars in
additional DOE funding support for clean and renewable energy projects. This
includes loan guarantee funding to support the development of hydrogen projects,
including infrastructure-based projects repurposing oil and gas pipelines to use
to transport hydrogen. There are also DOE funding opportunities to support the
development of key parts of the supply chain for hydrogen projects, including
eletrolyzers and other essential equipment.


CHALLENGES TO ACHIEVING THE BENEFITS OF CLEAN HYDROGEN

Although clean hydrogen technology is improving and costs of producing clean
hydrogen have decreased in recent years, there remain financial and
technological challenges that stand in the way of continued growth of the
domestic clean hydrogen economy. The Hydrogen Roadmap specifically notes that in
addition to cost considerations, a “lack of ubiquitous hydrogen distribution
infrastructure,” and a lack of manufacturing at scale, are two important
challenges.

As explained by DOE, “Hydrogen transportation—such as pipelines, tube trailers,
liquefaction, siting, permitting, and materials compatibility—remains an
obstacle” and some producers continue to struggle to find offtakers with
sufficient hydrogen demand willing to sign long-term contracts. Furthermore, the
weight and volume of hydrogen storage systems required to safely transport and
store hydrogen can be cost-prohibitive. To underscore these challenges, the
Hydrogen Roadmap notes data from California which shows the delivered cost of
hydrogen to fueling stations can be more than three times higher than the cost
required to be competitive.

The Hydrogen Roadmap emphasizes that logistical costs need to “fall
significantly compared to their current level if hydrogen is to become
competitive from a sustainable, market- driven perspective.”


STRATEGIES AND IMPLEMENTATION

The Hydrogen Roadmap identifies three strategies “to ensure that clean hydrogen
is developed and adopted as an effective decarbonization tool and for maximum
benefits for the United States.” These three strategies are: (1) target
strategic, high-impact uses of clean hydrogen; (2) reduce the cost of clean
hydrogen; and (3) focus on regional networks.

The first strategy addresses the use of hydrogen in industrial applications such
as chemicals and steelmaking, transportation, and the power sector. The second
strategy contemplates reducing the cost of clean hydrogen to $1 per kilogram in
the next decade. The third strategy focuses on achieving large-scale,
commercially viable deployment of clean hydrogen by matching the scaleup of
clean hydrogen supplies with growing regional demand.

To implement the strategies, the Hydrogen Roadmap identifies actions the federal
government is undertaking to achieve the benefits of clean hydrogen:

 * Funding. As described above, the IRA and BIL provide significant funding
   support for clean hydrogen projects and technology development and
   deployment.

 * Guidelines and standards. The Hydrogen Roadmap identifies a variety of steps
   DOE will take to address areas where uncertainty stands in the way of
   advancement of hydrogen projects and technologies.

For example, DOE is developing a Clean Hydrogen Production Standard, which will
serve, among other things, as a guide for the Regional Clean Hydrogen Hubs and
the Clean Hydrogen Research and Development Program. The standard will (1)
support clean hydrogen production from specified low carbon energy sources
(including but not limited to fossil fuels with carbon capture and
sequestration; hydrogen-carrier fuels (including ethanol and methanol),
renewable energy resources, including biomass, and nuclear energy); (2) define
“clean hydrogen” to mean hydrogen produced with a carbon intensity equal to or
less than 2 kilograms of carbon dioxide-equivalent produced at the site of
production per kilogram of hydrogen produced; and (3) consider “technological
and economic feasibility.” DOE aims to establish this standard sometime between
2023-2025.

DOE will also: (1) lay the regulatory groundwork for large-scale clean hydrogen
deployments across production, processing, delivery, storage, and end-use; (2)
develop streamlined guidance on hydrogen pipeline and large-scale project
permitting; (3) address challenges to increase supply of electrolyzers available
for renewable and nuclear energy efforts; and (4) develop national guidance for
hydrogen blending limits.

Notwithstanding these promised government actions, the Hydrogen Roadmap does not
address certain critical issues, such as the definition of clean hydrogen used
to determine eligibility for the clean hydrogen PTC. For example, it is unclear
whether hydrogen production powered by nuclear energy qualifies. The question of
“additionality,” whether hydrogen production needs to be powered by additional
clean energy sources, and how that would even be measured, also remains open.
DOE Secretary Granholm has stated it is something that is being weighed by DOE
but she has not provided an indication of where DOE will land on this topic as
it is very likely to influence the IRS’s view of clean hydrogen under the PTC.

Research. The Hydrogen Roadmap offers conceptual summaries of research that
government can foster to fill technological gaps. For example, the Hydrogen
Roadmap addresses research and development for uses of hydrogen in medium- and
heavy-duty trucks, rail, maritime transportation, and aviation, as well as for
the deployment of regional hydrogen networks.

Community Engagement. DOE describes guiding principles for defining success in
communities in which hydrogen technologies will be deployed. DOE also plans to
develop and implement frameworks for broad and inclusive community engagement,
with specific focus on environmental justice and disadvantaged communities. The
purpose of these efforts will be to ensure broad participation and to gather
stakeholder feedback. The Hydrogen Roadmap does not address how DOE will balance
its community engagement objectives with other priorities, such as streamlined
permitting and regional network location preferences.


OBSERVATIONS AND CONCLUSION

The Hydrogen Roadmap provides a useful overview of the burgeoning clean hydrogen
industry in the U.S. and throughout the world, as well as the critical steps
needed to push these efforts forward. It notes the transformative potential that
hydrogen offers to support decarbonization efforts and the significant financial
and regulatory support that the federal government is providing to help with
these efforts. However, the Hydrogen Roadmap also notes the significant
challenges that lie ahead, and the need for active engagement by industry, the
government, and other stakeholders to ensure the broad commercial success of
hydrogen through many different forms.

For more information on the clean hydrogen PTC and related tax credits, see King
and Spalding’s H2ypothetical series.

—James F. Bowe, Jr., a partner in the Washington, D.C., office of King &
Spalding, focuses on the energy sector, including regulation of the pipeline,
oil and gas, and electric power industries, and commercial matters relating to
energy production, transportation, storage and use. He can be reached at
jbowe@kslaw.com. A partner in King & Spalding’s London office, John Clay Taylor
has a broad-based practice, involving both tax planning and controversy work. He
can be reached at jtaylor@kslaw.com. Suyoung “Sue” Moon is an associate in King
& Spalding’s London office. She is a member of the Tax practice within the
Corporate, Finance, and Investments Practice Group. She can be reached at
smoon@kslaw.com. Tyler Brown, counsel in the firm’s Atlanta office, counsels
clients on the regulation of the pipeline, oil and gas, and electric power
industries, as well as commercial matters relating to the upstream and midstream
sectors. He can be reached at tbrown@kslaw.com. Ani Esenyan is an associate in
the firm’s Environmental Health and Safety practice in Washington, D.C. She can
be reached at aesenyan@kslaw.com. Nikesh Jindal, previously senior counsel at
the DOE, is a partner in King & Spalding’s Trial and Global Disputes practice in
the Washington D.C. office. He can be reached at njindal@kslaw.com.

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