Chemicals enter a new era of green investment

Although the primary purpose was to combat inflation, the Inflation Reduction Act (IRA), signed into law by President Biden in August 2022, also dramatically recast the landscape for green investment in the US. The starting gun has been fired – and players in the chemicals industry need to ensure they are positioned to take advantage of the many incentives.

The Act creates a comprehensive and substantial package of tax credits, benefits and incentives for investments that further the energy transition towards a low-carbon future as the US pursues its net zero agenda. These credits are wide-ranging and varied. They could cover an investment in a new manufacturing or industrial facility or an upgrade to an existing facility. They apply to investments in clean energy such as wind and solar. They also incentivize carbon capture technologies and energy-efficient steam, heat and power processes. Many different products and methods could be eligible, including manufacturing products that will become a component of another green asset – for example, a chemical business making a substance that will be used in an EV automotive battery.

Because it is so broad, the IRA holds enticing potential for organizations across many sectors and industries. A manufacturing or industrial business could benefit significantly from aligning with the Act's aims and provisions. If a business’s existing or planned products or processes align with the Act's purposes and conditions, a chemical organization might find itself positioned to benefit from some of these incentives. This can range from production activities supporting the clean energy supply chain to investments in renewable energy sources powering its operations.

As the size of available tax credits can vary significantly based on several factors, it is critical to understand the details, such as how much the technologies and processes in question reduce greenhouse gas emissions. For example, looking at hydrogen production, the full base credit is available only for clean hydrogen processes that generate less than 0.45 kilograms of carbon dioxide equivalent greenhouse gases (CO2e) for each kilogram of hydrogen. For those which generate 0.45 to 1.5 kilograms of CO2e, just a third of this credit is available.¹

The Act also significantly expands the Section 45Q tax credits² available for carbon capture, utilization and storage (CCUS). Carbon capture can be used to reduce emissions across a diverse range of industries and can help organizations plan toward carbon reduction goals. But again, the level of credit depends on the technology used. While the standard credit is up to $85 per tonne of CO2 permanently stored and US$60 per tonne of CO2 used for enhanced oil recovery (EOR), the credit for direct air capture (DAC) increases to US$180 per tonne of CO2 permanently stored and US$130 per tonne for used CO2. Other factors that aim to support local economies and workers across the US, discussed below, will also significantly impact a project’s tax credits.

The good news doesn’t end there. In addition to the available tax credits, there are also potential grants for businesses to fund specific activities (such as opening a new factory or facility). Many of these location and expansion credits are offered at a state and local level as jurisdictions compete to attract investment and local jobs.

In a further innovative move, the tax credits available may also be sold to a third party or (in some cases) refundable – that is, taken as a direct cash payment from the government rather than held and offset against that year’s tax liability. There could be an active market for tax credit trading. Credits will most likely trade at a discount, although it is hard to predict the exact reduction. Refundable and transferable tax credits look attractive and will make it easier for an organization to access the economic benefits of the credits. Their introduction will likely lead to growing investment in these areas, helping companies seeking financing for such projects.

However, potential participants are proceeding cautiously as many questions remain regarding the market’s liquidity for trading credits. At the time of publication the Internal Revenue Service (IRS) has yet to publish details of how transferability and direct pay of tax credits will be administered, but guidance is expected later this year.

Another consideration is timing. For example, to qualify for the hydrogen production tax credit and credit for carbon oxide sequestration, construction of the facility needs to start by the end of 2032. In contrast, other provisions sunset earlier or have phaseouts. Careful attention should be paid to these dates when constructing project timelines.

While tax credits will be available to all qualifying investments within the qualifying period, it is worth remembering that some of the grants available will likely take the form of a finite pool of money – available while funds last and on a first-come, first-served basis! Time may be of the essence to apply for specific grants before funding is exhausted, and there may also be a competitive element as companies effectively bid against each other for a slice of the pie.

Meanwhile, some tax incentives are linked to the location of projects and suppliers, workers’ pay and the development of apprenticeship programs as further mechanisms to support and bolster the American economy, jobs and living standards. For instance, in some cases, higher credit rates are available if credit-eligible projects are constructed using certain levels of American-made components. In addition, the electric vehicle tax credits now include new requirements for assembling and sourcing battery components and critical minerals. The way these provisions impact the US supply chain will be closely watched.

In many cases, qualifying facilities must be constructed and maintained by workers earning the prevailing wage and with a certain number of apprentices to qualify for the highest available credit rates. But compliance is likely to be a key challenge in meeting apprenticeship and prevailing wage requirements. Companies need to be able to document and demonstrate satisfaction with the rules by leveraging data of contractors and subcontractors they may have never had to track before.

The dust has begun to settle after the excitement of the initial news. Businesses are beginning to develop their understanding of the potential of IRA for them – and if they haven’t done so yet, they need to catch up fast. We don’t yet have guidance from the IRS on how various rules will be applied, but that will come in time and shouldn’t hold organizations back from assessing the IRA thoroughly regarding its implications for future investment strategy and planning.

One critical aspect is that the impact of the Act extends much broader than the tax team. When considering IRA, it’s vital that different parts of the organization are linked up and talking to each other – tax, sustainability, operations, finance, accounting, planning, investment, and indeed the C-suite. The implications – and potential benefits – are pervasive and should be a matter of internal collaboration and analysis.

The Act's incentives only apply to activities and developments within the US itself, so they would not apply to a US company investing in a new site or operation overseas. On the flip side, the Act has increased interest from international businesses in investing in the US. Interest is genuinely global as industry leaders discussed the Act at the recent World Petrochemical Conference in Houston, where non-US executives almost universally praised it for being well-drafted, thought-out, market-based legislation. The effects of the Act could be felt for years to come in the form of an increase in international investment into the US in the chemicals sector. The US is already a premium destination for businesses worldwide – IRA looks set to cement that and take it to an even higher level.

Certainly, the IRA must be seen as legislation with global significance rather than simply as a piece of domestic rulemaking. It aims to accelerate the US’s journey towards net zero and make it a global leader in tackling climate change.