42 U.S.C. § 16166: Clean hydrogen production…

Summary

The Secretary must write an initial rule for how much greenhouse gas is allowed when making clean hydrogen. That rule had to be made within 180 days after November 15, 2021, and the Secretary must work with the EPA Administrator and get input from industry and others. The rule must cover the sources listed in section 16154(e)(2), call “clean hydrogen” any hydrogen made with carbon emissions of 2 kilograms CO2‑equivalent or less per kilogram of hydrogen at the production site, and consider what is technologically and economically possible. Within 5 years after making the rule, the Secretary must check whether the 2 kg CO2e/kg limit should be lowered and, if appropriate, change it, again consulting the EPA and stakeholders. The rule applies to hydrogen from renewable sources, fossil fuels with carbon capture, nuclear, and other fuels and production methods.

Title 42, §16166

The Public Health and Welfare, Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

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 RequirementsFor 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.

§16166 Clean Hydrogen Production Qualifications