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

(a) In general — No later than 180 days after November 15, 2021, the Secretary — working with the EPA Administrator and considering input from industry and other stakeholders — had to set an initial standard for how much carbon clean hydrogen production can release, applying to activities under this subchapter. (b) Requirements — (1) In general — that standard must (A) support clean hydrogen production from each source listed in section 16154(e)(2); (B) define "clean hydrogen" as hydrogen made with a carbon intensity of 2 kilograms of carbon dioxide-equivalent or less, released at the production site per kilogram of hydrogen produced; and (C) take technological and economic feasibility into account. (2) Adjustment — no later than 5 years after the Secretary sets the standard, the Secretary — again working with the EPA and considering stakeholder input — must (A) decide whether the "clean hydrogen" definition in (1)(B) should get tighter, and (B) tighten it if the Secretary decides that's appropriate. (c) Application — This standard applies to clean hydrogen made from renewable sources, fossil fuels with carbon capture and storage, nuclear energy, and other fuel sources, no matter what production technology is used.