42 U.S.C. § 16166 — Clean hydrogen production qualifications

(a) In general Not later than 180 days after November 15, 2021 , the Secretary, in consultation with the Administrator of the Environmental Protection Agency and after taking into account input from industry and other stakeholders, as determined by the Secretary, shall develop an initial standard for the carbon intensity of clean hydrogen production that shall apply to activities carried out under this subchapter. (b) Requirements (1) In general The standard developed under subsection (a) shall— (A) support clean hydrogen production from each source described in section 16154(e)(2) of this title ; (B) define the term “ 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 (C) take into consideration technological and economic feasibility. (2) Adjustment Not later than the date that is 5 years after the date on which the Secretary develops the standard under subsection (a), the Secretary , in consultation with the Administrator of the Environmental Protection Agency and after taking into account input from industry and other stakeholders, as determined by the Secretary, shall— (A) determine whether the definition of clean hydrogen required under paragraph (1)(B) should be adjusted below the standard described in that paragraph; and (B) if the Secretary determines the adjustment described in subparagraph (A) is appropriate, carry out the adjustment. (c) Application The standard developed under subsection (a) shall apply to clean hydrogen production from renewable, fossil fuel with carbon capture, utilization, and sequestration technologies, nuclear, and other fuel sources using any applicable production technology. ( Pub. L. 109–58, title VIII, § 822 , as added Pub. L. 117–58, div. D, title III, § 40315(a) , Nov. 15, 2021 , 135 Stat. 1015 .) Editorial Notes Codification Section 40315(a) of Pub. L. 117–58 , which directed the amendment of the Energy Policy Act of 2005 by adding this section at the end, was executed by adding this section at the end of title VIII of the Act, to reflect the probable intent of Congress . Statutory Notes and Related Subsidiaries Wage Rate Requirements For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58 , including authority of Secretary of Labor, see section 18851 of this title .

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