Hydrogen and the EPA Power Plant Rule: Three Issues to Watch

With the expectation of EPA releasing regulations that will allow power plants to partly reduce their emissions by burning hydrogen, Bracewell’s Scott Segal gave comments to E&E News saying the agency would be on “thin legal ice” if it based a power plant standard on the origin of the hydrogen.

“The use of hydrogen, irrespective of its production process, has the same effect on power plant operations and emissions,” commented Segal. “So, I think engaging in upstream speculation seems beyond the agency’s authority.”

Questions remain if burning hydrogen is the most efficient way for power plants to decarbonize, even if the fuel is produced through a low-carbon process.

Promoting low-carbon production of hydrogen has been a focus of the Biden administration. Along with creating the first tax credit for low-carbon hydrogen, Congress allocated $8 billion in infrastructure law funds for Energy Department-backed demonstrations of the fuel’s production, storage, transport and consumption.