---
kind: "section"
citation: "42 U.S.C. § 16166"
title: "42"
title_heading: "The Public Health and Welfare"
number: "16166"
heading: "Clean hydrogen production qualifications"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/16166"
units:
  - "Chapter 149 — National Energy Policy and Programs"
  - "Subchapter VIII — Hydrogen"
---

# §16166. Clean hydrogen production qualifications

- (a) **In general—** Not later than 180 days after November 15, 2021, the [Secretary](/usc/42/15801.md?p=4), in consultation with the [Administrator](/usc/42/15951.md?p=b-1) of the Environmental Protection [Agency](/usc/42/8262.md?p=1) and after taking into account input from industry and other stakeholders, as determined by the [Secretary](/usc/42/15801.md?p=4), shall develop an initial standard for the carbon intensity of [clean hydrogen](/usc/42/16152.md?p=1) production that shall apply to activities carried out under this subchapter.
- (b) **Requirements—**
  - (1) **In general—** The standard developed under [subsection (a)](#a) shall—
    - (A) support [clean hydrogen](/usc/42/16152.md?p=1) production from each source described in [section 16154(e)(2) of this title](/usc/42/16154.md?p=e-2);
    - (B) define the term “[clean hydrogen](/usc/42/16152.md?p=1)” to mean [hydrogen](/usc/42/16152.md?p=1) 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](/usc/42/16152.md?p=1) 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](/usc/42/15801.md?p=4) develops the standard under [subsection (a)](#a), the [Secretary](/usc/42/15801.md?p=4), in consultation with the [Administrator](/usc/42/15951.md?p=b-1) of the Environmental Protection [Agency](/usc/42/8262.md?p=1) and after taking into account input from industry and other stakeholders, as determined by the [Secretary](/usc/42/15801.md?p=4), shall—
    - (A) determine whether the definition of [clean hydrogen](/usc/42/16152.md?p=1) required under [paragraph (1)(B)](#b-1-B) should be adjusted below the standard described in that paragraph; and
    - (B) if the [Secretary](/usc/42/15801.md?p=4) determines the adjustment described in [subparagraph (A)](#b-2-A) is appropriate, carry out the adjustment.
- (c) **Application—** The standard developed under [subsection (a)](#a) shall apply to [clean hydrogen](/usc/42/16152.md?p=1) production from renewable, fossil fuel with carbon capture, utilization, and sequestration technologies, nuclear, and other fuel sources using any applicable production technology.

## Source credit

(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.)

## Notes

### 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.