This section examines the hydrogen legal framework in ten countries: Australia, China, England, France, Germany, Japan, the Netherlands, Norway, the Republic of Korea and the United States. The review investigates the general legal framework and regulations relating to six distinct accident scenarios.
Risk-based Regulatory Design for the Safe Use of Hydrogen
10. Review of hydrogen safety regulations
Abstract
Australia
A legislative package of reforms that will enhance the inclusion of hydrogen within the national energy regulatory framework of Australia is underway. Under the National Hydrogen Strategy, the Federal Government is working with the legislative bodies of each State and Territory in amending the National Gas Law, National Energy Retail Law and subordinate instruments. While the expedited process to develop a suite of uniform laws which will address all aspects (including safety foremost) of a hydrogen industry is still in progress, Standards Australia released a set of standards relating to hydrogen quality, storage, transportation, and usage that are currently being applied. Existing regulatory arrangements and protections continue to work as intended.
General legal framework for hydrogen
Australia has recognised hydrogen as a significant opportunity for growth, investment, and energy transition. Launched in 2018, the National Hydrogen Roadmap provided a comprehensive strategy for realising the opportunity to build a potentially clean, innovative and safe hydrogen industry in Australia. The report was developed in parallel with the National Hydrogen Strategy to ensure that the reform process will meet the needs of the energy transition.
The Strategy outlined an adaptive approach that equips Australia to scale up quickly as the hydrogen market evolves. It identified 57 joint actions, involving governments, the industry and the community, that represent the first steps to support this hydrogen-based emerging industry. While investment and interest have fluctuated over the last decades, specific legislation, regulations and standards are yet to be introduced. The major inhibitor is the design of Australia’s federal system (and the devolution to and from states and territories to the federal level) and the complexity found in creating new federal legislation. Once the governments, its advisors and agencies succeed to reach, through the Council of Australian Governments’ (COAG) processes, agreed laws and standards, the legal framework surrounding hydrogen can be very robust, effective and long- lasting.
The preliminary review of the laws in Australia’s jurisdictions identified approximately 730 pieces of legislation and 119 standards potentially relevant to hydrogen. Under the National Hydrogen Strategy, Federal, state and territory governments are currently reviewing and reforming the legal and regulatory framework to bring hydrogen, bio-methane and other renewable gas blends within the scope of the national gas regulatory framework. This includes amendments to:
the National Gas Law (NGL), the National Gas Regulations, the National Gas Rules (NGR), procedures and other subordinate instruments made under the NGL and/or NGR;1
the National Energy Retail Law (NERL), the National Energy Retail Regulations and the National Energy Retail Rules (NERR).2
Jurisdictional officials, the Australian Energy Market Commission (AEMC), and the Australian Energy Market Operator (AEMO) have each been tasked with progressing various aspects of the reforms. Jurisdictional officials will identify and develop amendments to the NGL, NERL and regulations, the AEMC will identify and develop amendments to the NGR and NERR, and AEMO will identify and develop amendments to the procedures and other AEMO-made instruments required for settlement and metering in the facilitated and regulated retail gas markets. Energy Ministers agreed to an expedited process to complete these reforms. A draft legislative package is to be presented to Ministers for approval and draft rules following in the latter part of 2022. The National Gas Framework legislation was amended in 2022 to take hydrogen within its scope. An AEMO report was published on 8 September 2022 addressing gas blends and usage areas.
Finally, the Australian Government is reviewing legal frameworks and standards relevant to hydrogen industry development and safety. The review will determine:
if existing regulatory frameworks will enable industry development and ensure safety;
any amendments required to ensure appropriate regulation.
Relevant consultations were run throughout the years 2021-22 and a final component from AEMC and involving relevant stakeholders was concluded in mid-October 2022.
Existing regulation for the six scenarios
Regulation and policy momentum in support of hydrogen industry development is considerable in Australia. Nearly all Australian states and territories have published hydrogen specific strategies and/or road maps. An overarching legal framework is currently under preparation. The new measures intend to take effect by Energy Ministers and subsequent passage through the South Australian Parliament by 2023.
While the regulatory package is being prepared, the Standards Australia organisation, working together with the Australian government, helped facilitating the development and adoption of internationally aligned standards in Australia. At the same time, the Standards Australia committee ME-093 Hydrogen Technologies, without being responsible for enforcing regulations or certifying compliance with standards, prepared a set of standards for use covering most aspects of the emerging hydrogen industry. To date, the following Australian standards (Table 10.1) have been published and are in force (Standards Australia, 2021[1]).
Table 10.1. List of Australian standards used for hydrogen regulation
Scenario 1 – Production
Australia is well-placed to produce and use significant quantities of hydrogen. The National Hydrogen Strategy estimates that Australia has 262 000 square kilometres of land that is highly suitable for hydrogen production using renewable electricity. This is about 3% of Australia’s total land area and is larger than the average Member State of the European Union.
This amount of land could theoretically support tens of thousands of gigawatts of renewable energy projects. Currently three new Australian gas generators have announced plans to install hydrogen-ready gas turbines at their plants. As a highlight, NSW is set to become home to Australia’s first dual fuel capable hydrogen/gas power plant following an AUD 83 million funding agreement for the Tallawarra B project in the Illawarra, planning to deliver enough electricity to power around 150 000 homes at times of peak demand (NSW, 2021[2]).3
The main methods used to produce hydrogen in Australia are:
Electrolysis (extracting hydrogen from water using electricity);
Thermochemical reactions using coal (coal gasification) or natural gas (steam methane reforming – SMR).
Ideally, the focus should be on the production of green hydrogen. However, scaling green hydrogen is still under development. Any hydrogen production facility is governed by existing energy, water, gas and environmental regulations such as the Gas Regulations 2012, the Gas Act 1997 & National Gas Amendment (Regulation of Covered Pipelines) Rule 2019.
According to the Gas Regulations 2012’s safety and technical requirements:
Gas infrastructure should be designed, installed, operated, and maintained to be safe for the gas service conditions and the physical environment in which it will operate and so as to comply with any applicable requirements of AS/NZS 4645, AS/NZS 1596 and AS 2885 or achieve, to the satisfaction of the Technical Regulator, the same or better safety and technical outcomes; and
Gas installations should be designed, installed, operated, and maintained to be safe for the gas service conditions and the physical environment in which it will operate and so as to comply with any applicable requirements of:
AS/NZS 5601 and AS/NZS 1596, in the case of a liquefied petroleum gas installation;
AS/NZS 5601, in any other case.
Scenario 2 – Transport pipelines
The Australian Energy Regulator (AER) regulates pipeline services in all jurisdictions except Western Australia where the Economic Regulation Authority holds this responsibility. Under the current regulatory framework, all pipelines are assumed to transport natural gas. In the case of pipeline transition from transporting natural gas to transporting hydrogen, the NGL and the NGR will provide the framework, the requirements, and the obligation for regulation of pipeline services (AEMC, n.d.[3]).
There are two frameworks: one for schemed pipelines set out in Parts 8-12 of the NGR and the second for non-scheme pipelines in Part 23 of the NGR. Part 8 to 12 of the NGR regulate covered pipelines, having two forms of regulation available for them (full or light) (AEMC, n.d.[4]). Part 23 of the NGR regulates those pipelines that are not classified as covered.
Currently, the maximum percentage of hydrogen injected into the natural gas’ pipelines is around 10%. Recommended options for setting and allowing updates of upper limits on the volume allowed to be blended are being considered, with focus on eventually using 100% hydrogen in Australian gas pipeline networks.
For the reason above, the regulatory framework that is applied and implemented to the oil and gas industry is periodically revised with consideration of the hydrogen applications in pipeline transport. For instance, in 2021 the South Australian Petroleum and Geothermal Energy Act 2000 was amended to allow hydrogen and its derivatives to be transported though pipelines.
Scenario 3 – Road transport
Road transport requirements for hydrogen are covered by the Dangerous Goods Safety (Road and Rail Transport of Non-explosives) Regulations 2007 and the Australian Dangerous Goods Code – Edition 7.7. More specifically, attention should be given to the following:
The design and construction of the valves by one of the following methods:
placed inside the neck of the pressure receptacle and protected by a threaded plug or cap;
protected by caps. Caps must possess vent-holes of sufficient cross-sectional area to evacuate the gas if leakage occurs at the valves;
protected by shrouds or guards;
pressure receptacles are transported in frames, (e.g., bundles); or
pressure receptacles are transported in an outer packaging. The packaging as prepared for transport must be capable of meeting the drop test specified.
The design of the pressure relief devices:
it must be arranged to discharge freely to the open air in such a manner as to prevent any impingement of escaping gas upon the pressure receptacle itself under normal conditions of transport.
The design of the portable tank:
it must be located under maximum filling conditions in the vapour space of the shell, be arranged to prevent an unacceptable amount of leakage of liquid in the case of overturning or entry of foreign matter into the tank.
Leak testing gas cartridges and fuel cell cartridges:
the closures (if any), and the associated sealing equipment must be closed appropriately and checked for the correct mass. The leak detection equipment must be sufficiently sensitive to detect at least a leak rate of 2.0 x 10-3 mbar.l.s-1 at 20°C. Any gas masses not in conformity with the declared mass limits or that show evidence of leakage or deformation, must be rejected.
The vacuum-relief devices used on portable tanks intended for the transport of substances must comply with the flash point criteria.
Portable tanks must have a pressure-relief device approved by the competent authority:
The relief device must comprise a frangible disc preceding a spring-loaded pressure-relief device. The space between the frangible disc and the pressure-relief device must be provided with a pressure gauge or suitable tell-tale indicator for the detection of disc rupture, pin holing, or leakage which could cause a malfunction of the pressure-relief system. The frangible disc must rupture at a nominal pressure 10%.
The necessity of exceptional inspection and test when the conditions indicate it, the extent of which should not exceed the 2.5-year.
Internal and external examinations.
The design, construction, and installation of the piping.
All piping must be of a suitable material. Only steel piping and welded joints must be used between the jacket and the connection to the first closure of any outlet. The method of attaching the closure to this connection must be to the satisfaction of the competent authority or its authorised body.
Decontamination of cargo transport units after unloading and before removal of placards.
Scenario 4 – Mobility and partially confined space: tunnels
Australia is gearing up towards the hydrogen mobility, already planning and implementing significant investments in the future in car manufacturing, particularly hydrogen-based fuel-cell electric vehicles (“FCEVs”). Until recently the lack of infrastructure had been the biggest impediment for hydrogen mobility in Australia (Australian Hydrogen Council, 2022[5]). Given the increase in demand, it is critical that hydrogen installations are correctly designed, installed, and maintained to minimise risk of fires and explosions. In absence of specific regulations for hydrogen fuel cars in confined spaces, like tunnels, Australia is currently developing the Hydrogen Safety Code of Practice (the Code), in order to provide principles for mobility and requirements for confined spaces.
Scenario 5 – Mobility and partially confined spaces: refuelling stations
In Australia, there is a small number of operational hydrogen refuelling stations. All stations have similar equipment but employ different designs depending on how the hydrogen is produced, delivered, stored, and dispensed:
Gaseous hydrogen refuelling station (GHRS)
Stations are in operation and under construction for light-duty vehicles (passenger vehicles), heavy-duty vehicles (trucks and buses), and material handling equipment. Stations dispense hydrogen as a compressed gas at pressures of 70 MPag for light-duty vehicles and 35 MPag for other vehicles.
Liquid hydrogen refuelling station (LHRS)
At liquid hydrogen refuelling stations, tanker trucks pump hydrogen into an above-ground tank where it is kept at cryogenic temperatures. Liquid hydrogen is vaporised, compressed, and stored in above-ground cylinders for dispensing4. As customers fuel their vehicles, the gaseous hydrogen cylinders are refilled. Liquid storage generally requires more space than gaseous storage.
Figure 10.1. Liquid hydrogen refuelling station (HRS) SCOPE
The currently operating facilities have been designed and constructed following the variety of Australian and international standards and codes listed in the Table below.
Standards Australia has released the “Technical Specification – Hydrogen – Storage and Handling” in 2022 in which a specific Australian Standard on hydrogen storage and handling as well as on specifications for hydrogen refuelling stations have been published. Key standards, codes and documents identified as relevant to hydrogen refuelling stations which were previously accepted have been summarised below (see Table 10.2).
Table 10.2. Key international standards applicable to hydrogen refuelling stations
Scenario 6 – Domestic use
The Australian government is currently completing the review on how to bring hydrogen into the gas network. The review will consider:
options for a framework to set and update the volume of hydrogen that can be blended in gas networks. Activity is underway to trial hydrogen blending. Nine projects are expected to be operational by 2025;
the economics of blending and the eventual use of 100% hydrogen in Australian gas networks.
At the moment, there is no regulation allowing 100% use of hydrogen in residential buildings as existing gas appliances are only suitable to take a blend of hydrogen (up to 10 or 20%). The domestic use of hydrogen lies behind various pilot projects the most recent of which took place on 1 July 2022, by the Australian Gas Infrastructure Group ((n.a.), 2022[6]).5 Fuller life cycle deployment, including blended and pure hydrogen distribution and domestic use are being considered but may be some way off, given issues of public acceptance, infrastructure and regulatory development.
Authorities and institutions in charge of regulating hydrogen
Table 10.3 lists the state safety regulatory bodies of Australia.
Table 10.3. Key state safety regulatory bodies
China
China’s push for hydrogen technology is illustrated in the newly published Long-Term Plan for the Development of Hydrogen Energy (2021-2035), which outlined a road map of major milestones for the coming years. Although China does not yet have a well-defined legislative framework for hydrogen, its national technical committee 309154 have drafted and published 31 national standards regarding hydrogen, covering its full life cycle. The country's incorporation of hydrogen energy into its national energy management system, publication and enforcement of development plans, encouragement of scientific and technological innovation and strengthened financial support promote a sustainable development of the hydrogen energy industry.
General legal framework for hydrogen
Hydrogen was first written about in the Government Work Report (national level)6 in 2019, where a plan to increase hydrogen refuelling station (HRS) capacity was mentioned. A year later, in the Energy Law (draft for comments, 2020) hydrogen was listed as a form of energy for the first time. There is, in general, little legislation that specifically relates to hydrogen. Hydrogen has been traditionally defined as a hazardous chemical and is therefore regulated as such (work safety law 2020). The law emphasises safety planning, personnel training and safe handling7 of hazardous chemicals. It also requires compliance with a number of legally binding National Standards.
Since the publication of the action plan for energy technology revolution and innovation 2016-20308 by the National Development and Commission, a fast development in the hydrogen energy sector was observed. By 2019, China makes up 1/3 of global sales in hydrogen vehicles and by 2020, 21 out of its 34 provincial level administrative divisions have issued subsidy policies for the construction of hydrogen refuelling stations. Specifically, the maximum subsidy for a newly built fixed hydrogen station can be as high as 8 million Chinese yuan, ca. 40% of the total cost (Meng et al., 2021[7]). For hydrogen vehicles, the subsidy is at 6% (Zhao et al., 2020[8]).
By 2022, China has completed the construction of over 250 hydrogen refuelling stations (Statista, 2023[9]), making it the country owning most hydrogen stations worldwide. However, Government subsidies are unfortunately not a sustainable long-term driving force and therefore it is important to lay a foundation for a good industrial ecology after the initial development.
Authorities and institutions in charge of regulating hydrogen
Table 10.4 illustrates the institutions responsible for legislation on hydrogen. At national level, the Standardization Administration of China (SAC) oversees a number of technical committees that draft national standards. The National Technical Committee 309 is responsible for developing standards for hydrogen technologies.
The enforcement of standards is carried out by:
1. the department of construction at provincial level for hydrogen-related constructions (Mao, 2014[10]);
2. the administration for market regulation at local level for road vehicle related standards; and
3. the department of emergency management at local level for the handling of hazardous chemicals.
Table 10.4. Hydrogen regulation in China
Existing regulation for the six scenarios
The subsequent subsections review legally binding national standards that are related to the specified scenarios following the inherently safer design concepts. In case no legally binding standards exist, the review focuses on recommended national standards (not legally binding) or industrial standards. The standards reviewed are listed in the Table 10.5.
Table 10.5. List of Chinese national standards reviewed in this report
Scenario 1 – Production
The legally binding national standard “GB 50177-2005 Design code of hydrogen station” specifies criteria to be met in the design and maintenance of hydrogen production stations and hydrogen supply stations.9 GB 4962-2008 Technical safety regulation for gaseous hydrogen use provides additional information on how hydrogen should be handled at production sites.
(1) Restrictions:
Quantity: the maximum volume for a single hydrogen storage cylinder set should not exceed 30 000 m3.
Control operating conditions to minimise hazards: a preferred pressure difference less than 0.5 kPa for hydrogen and oxygen outputs pipes.
(2) Facilities and equipment design:
Equipment
a. Electrolyser: automatic as well as manual hydrogen concentration analysers for oxygen (by-product). Alarm for hydrogen detection.10
b. Compressor: equip with safety alarm, safety valves and safety-lock11 mechanism.
c. Hydrogen cylinder/tanks: equip with pressure metre, pressure relief valve, hydrogen release pipe (at highest point); connector for nitrogen input.
d. Hydrogen detectors in places with the possibility of hydrogen accumulation: hydrogen concentration should not exceed 1%.
e. Detailed requirement on materials to avoid hydrogen embrittlement.
Pipe works
a. Seamless steel.
b. Welded joints. Screw joints are allowed for equipment and valves connections.
c. Flame arrestor for hydrogen vent.
d. Protective outer pipe, e.g., if it is unavoidable for sections to be built under railway.
Ventilation
(3) Safer Location:
Outdoor installation when possible.
Access control:
a. Hydrogen and oxygen compressors should not be in the same room.
b. Rooms with explosion risk should not have direct access to rooms without such risk.
c. A minimum of two exits for rooms with explosion risk, one exit must lead directly outside.14
d. Underground piping should not go through outdoor-storage area, not buried together with other pipes and buried at least 0.7 m in depth.
Safety barriers:
a. External wall should be fire resistant and with height no less than 2.5 m.
b. A barrier wall with height no less than 2 m for hydrogen filling facilities.
c. Fire resistant walls for control rooms.
Internal and external safety distances:
Table 10.6. Internal and external safety distances
Scenarios 2 and 3 – Transport pipelines and road transport
No technical regulations exist that specifically address hydrogen pipelines. Legally binding national standard “GB50316 Design code on industrial Metal pipes” sets out general requirements (e.g., on material, welding, and fabrication) that pipelines have to follow.
A recommended standard for the energy sector NB/T 10354-2019 Tube Trailer specifies the material, design, fabrication, testing-methods, signs, documentation, storage, and transportation etc. There is only one provision15 that specifically addresses hydrogen, however, there is an appendix specially addressing compressed natural gas.
In addition, section 6 storage (6.3.18-6.3.20) of the legally binding national standard GB 4962-2008 Technical Safety Regulation for Gaseous Hydrogen Use specifies a few terms specific to the transportation of hydrogen by tube trailers.
(1) Restrictions:
Quantity: 1000-4200 L water volume for single hydrogen tank/cylinder (general).
Control operating conditions to minimise hazards:
Operating pressure not greater than 20 MPa;
Temperature between -40oC to 50oC.
(2) Facilities and equipment design:
Pressure relief valve on both ends for every hydrogen tank and there should be no hindrance to gas release.
Leave space on one end of the cylinders for thermal expansion and contraction.
Pressure and temperature meters.
Fire extinguishers no less than 4kg on both sides of the vehicle.
Facilities to avoid undesired movement of both hydrogen tanks and the vehicle.
Flexible hoses should be used to connect hydrogen tanks.
Scenario 4 – Mobility and partially confined spaces: tunnels
Hydrogen fuel vehicles are a subclass of electrical vehicles and hence follow the recommended national standard GB/T 24549-2020 Fuel cell electric vehicles – Safety requirements.
(1) Restrictions:
Control operating conditions to minimise hazards:
Hydrogen concentration in exhaust gases should be less than 4%.16
For passenger vehicles heavier than one metric tonne, external hydrogen concentration in an enclosed space should remain less than 1%.
(2) Facilities and equipment design:
Hydrogen detector:
At least one hydrogen detector above hydrogen tanks;
Alarm the driver when internal hydrogen concentration reaches 2%;
Shut down hydrogen supply (from the leaking tank(s)) when internal hydrogen concentration reaches 3%, and
Alarm the driver when hydrogen detector(s) are not in normal working conditions.
Thermal insulating shield for hydrogen tanks and pipes that may be affected by heated components (e.g., exhaust pipes).
Ground strap to protect electrical components in the event of a power surge or short circuit.
Pressure relief devices (PRDs) should vent outside the vehicle, but not (a) in the direction in which the vehicle moves, or (b) towards emergency exits (if applicable).
The vehicle should not be able to move when fuelling.
Ability to empty fuel tank when desired.
(3) Safer Location:
Hydrogen tanks together with hydrogen pipe works should not be located in passenger cabins, luggage cabins or other places with poor ventilation.
Hydrogen vehicles and vehicles carrying hydrogen are not specifically addressed in the standard, meaning that they receive no special treatment and therefore are allowed to go into tunnels. The Standards are focused on tunnel design and operation to reduce the risk for severe tunnel accidents.
Scenario 5 – Mobility and partially confined spaces: refuelling stations
For this scenario, the legally binding national standard ‘GB 50516-2010 Technical code for hydrogen fuelling station’ (2021 edition) applies:
(1) Restrictions
Quantity: total hydrogen inventory no greater than 8 000 kg with a single tank containing no greater than 2 000 kg hydrogen.
Control operating conditions to minimise hazards:
Hydrogen flow rate (via dispensers) should be less than 7.2 kg/min.
Vehicle hydrogen tank’s temperature should remain less than 85oC after fuelling.
(2) Facilities & Equipment design:
Hydrogen compressor:
Safety valves between the H2 entrance and exit on the one hand and the first set of shut-off valves on the other.
Alarm for abnormal pressure at the entrance and exit as well as a mechanism for emergency shut-off.
Alarm for lubricating oil system (abnormal pressure and temperature).
Alarm and emergency shut-off mechanism for cooling system.
Port nitrogen purging.
Barrier no less than 2 m around hydrogen compressors.
Storage:
Pressure relief valves.
Pressure meter and sensor.
Hydrogen leak alarm with video recording functions.
Hydrogen vent pipe.
Port nitrogen purging, nitrogen concentration no lower than 99.2%.
Barrier no less than 2 m around storage facilities.
Dispensers:17
Emergency release coupling on the flexible hose connection. Activation of emergency release (680 N) should automatically shut down hydrogen supply.
Crash posts around dispensers.
Independent hydrogen supply systems dispensers.
Measure vehicle’s hydrogen pressure, stop fuelling if the pressure is less than 2.0 MPa or above nominal pressure.
Pressure relief valves.
(3) Safer Location
External safety distances regarding hydrogen storage, the compressors and dispensers, and the hydrogen vent. Fire resistant walls when the distance between hydrogen facilities and external buildings is less than 25 m or 1.5 times.
Separate entrance and exit.
Internal safety distances programmable logic controller (PLC) for compressors.
No less than 0.03 m between hydrogen tanks in the same set; no less than 1.5 m between sets.
Outdoor installation for dispensers.
Scenario 6 – Domestic use
Policies and regulations supporting hydrogen blending in existing natural gas grids can accelerate the shift into a hydrogen economy. Research suggests a volume ratio of up to 15-20% does not require major adjustment of existing gas grids (IEA, 2018[11]). Very recently in 2021, China published a group standard I/CAS XXX-202X Technical codes for Natural gas/Hydrogen mixing stations.
(1) Restrictions:
Quantity: Total hydrogen inventory no greater than 8 000 kg with a single tank containing no greater than 2 000 kg hydrogen.
Control operating conditions to minimise hazards:
Natural gas pressure 0.05 - 0.1 MPa before mixing; gas mixture transporting temperature between -20oC - 50oC;
Requirement on hydrogen quality (see Table 10.7);
Natural gas flow speed should not exceed 20 m/s;
Hydrogen flow speed should not exceed 15 m/s;
Mixing uniformity should be no less than 95%;
Hydrogen/natural gas mixture flow speed should not exceed 20 m/s.
(2) Facilities & Equipment design:
Gas mixer:
Nitrogen purging ports for both hydrogen and natural gas input pipes. Oxygen content in purging nitrogen should be less than 0.5% (volume ratio);
Design pressure for pipes and valves should be 1.1 times or greater than maximum allowable working pressure;
Ventilation area ≥ 4% of mixer’s bottom area. Explosion vent for mixers larger than 1.5 m3;
Use flange joints to connect hydrogen and natural gas pipes;
Vent pipes.
Alarm:
Distinct gas detectors for different flammable gases (hydrogen, natural gases and methane);
Local and transmission pressure gauges for hydrogen storage;
Fire detection for hydrogen storage.
Emergency shut off system: reaction time less than 3 seconds (from when signals are sent).
Parking: Flat parking sites for tube trailers. Concrete walls for fire protection. Tube trailers should not use or bypass fire exits.
(3) Safer Location:
External and internal safety distances.
Fire resistant barrier walls with height no less than 2.5 m around the production site.
At least one exit with width no less than 4 m at production sites.
Additional data on specific standards and regulations
This section contains additional data on specific standards and regulations which provide a background to the safety and regulatory considerations of several scenarios/applications described above.
Table 10.7. Quality requirement on hydrogen for hydrogen/natural gas mixing stations
Table 10.8. Additional national standards (recommendations) related to the 6 scenarios
France
The French regulatory framework for hydrogen is being updated and strengthened to meet its national hydrogen strategy objectives by 2030. Hydrogen production installations (by electrolysis) and recharging facilities are now subject to detailed environmental regulations specific to ICPE.18 In areas such as domestic use, installations are subject to the regulations applicable to any installation using a fuel gas in a residential building and therefore need further consolidation.
General legal framework for hydrogen
The French hydrogen legal framework was rapidly reformed following the so-called “hydrogen deployment plan for the energy transition” (Ministère de la Transition écologique et de la Cohésion des territoires, 2018[12])19 launched on June 1, 2018. The objective of this plan was to support innovation and promote decarbonised hydrogen industrial deployment projects in France to foster the energy transition. The legal framework for hydrogen is now laid down in the Law-decree 2021-167 of 17 February 2021 (French Government, 2021[13]),20 which came at a time when businesses wanted to exploit the potential of hydrogen.
Authorities and institutions in charge of regulating hydrogen
At the national level, it is the Ministry for Ecological Transition (Ministère de la Transition écologique) that proposes the national hydrogen plan and its objectives. At the departmental level, the prefect has the power to issue general prescriptions to authorise the hydrogen installations. The minister in charge of classified installations (currently the Minister for Ecological Transition) can also issue general prescriptions orders.
The requirements are rules to be respected by the operator during the construction, operation, and rehabilitation of the facility. The objective of these rules is to ensure the preservation of the environment, human health and safety and resources.
The French Environment and Energy Management Agency (Ademe) is responsible for encouraging “the development of clean technologies and savings” (French Government, 2023[14]).21 It thus encourages the development of hydrogen and fuel cells by issuing tenders for projects, which, if successful, would qualify for a state subsidy.
Existing regulation for the six scenarios
Table 10.9 lists French regulations reviewed in this report.
Table 10.9. List of French regulations
Scenario 1 – Production
Law-decree 2021-167 of 17 February 2021 (French Government, 2021[13])22 was published in the Journal Officiel on 18 February 2021. It created a Book VIII in the Energy Code, entitled “Provisions relating to hydrogen” – which brought significant changes to the legal framework. It is the first text to create a legal regime for hydrogen in France).
In the law, hydrogen production is divided into three categories: renewable hydrogen (including water electrolysis hydrogen), low-carbon hydrogen (a CO2 emission threshold must be reached for hydrogen to be considered renewable or low-carbon) and carbon-based hydrogen (the hydrogen produced with fossil energies).
At the same time, it is clarified how production and recharging facilities are subject to environmental regulations specific to “classified facilities for the protection of environment” (known as ICPE). These are regulations applicable to hydrogen production installations which use electrolysis. Regulation on ICPE imposes procedures prior to the construction and operation of installations and then monitoring during the operation.
Code de l’environnement (Environmental Code) adds in R511-9 and its annexes of the Environmental Code that ICPEs related to hydrogen production are, according to paragraph 3420-a, those that “[m]anufacture in industrial quantities by chemical or biological transformation of inorganic chemicals” (French Government, 2023[15]).23 These are installations for the “manufactur[ing of hydrogen] in industrial quantities” by chemical transformation. The French or European legislator does not associate the notion of "manufacture in industrial quantity" with any precise numerical threshold. The French Ministry of Ecology, however, provides some clarification on the concept. Two main criteria stand out, commercial and environmental.24
A hydrogen installation generally also falls under the heading 4715 hydrogen (Ineris, 2014[16]).25
The storage of hydrogen falls under the following regimes: declaration when the quantities likely to be present in the installation are greater than or equal to 100 kg but less than 1 000 kg. Authorisation if the quantities are greater than or equal to 1 000 kg.
Another code provision worth mentioning is L512-8, 9, 10 et R512-50, 51, 52 of the Environment Code (French Government, 2021[17]),26 which sets out the procedure required for the installation. The declaration is the simplest formality. It consists of notifying the administration of the setting up of an ICPE. It applies to installations that present a danger, but one that is relatively low.
In the case of hydrogen, most installations are subject to the authorisation system, which requires an authorisation application file to be drawn up, including an impact study and a hazard study. This file is examined by the administration and a prefect issues a permit order (the procedure lasts 9 to 12 months). Seveso regulations also apply to hydrogen installations.
The Seveso thresholds are specified in the ICPE nomenclature in article R511-10 (French Government, 2015[18]).27 Two thresholds are identified as low and high thresholds in heading 4 715 (Ineris, 2014[16]).28 For hydrogen, the low threshold corresponds to a storage of 5 000 kg and the high threshold to a storage of 50 000 kg.
Scenarios 2 and 3 – Transport pipelines and road transport
The framework for hydrogen transport pipelines and road transport is spread across the international, European and national level. At the international level, there is the UN Recommendations on the Transport of Dangerous Goods (Vol. I & vol. II).
At the European level, the Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods makes the ADR, ADN and RID applicable within the EU. Here, the specific exemptions for road and rail transport (according to ADR) of hydrogen see a threshold of 333 kg if the gas is refrigerated and 333 L if it is compressed. The mass taken into account is that of the gas alone without its packaging, the volume corresponds to the volume of water in the container.
At the national level, there is the amended decree of 29 May 2009 on the transport of hazardous goods by land (known as the “TDG decree”) (French Government, 2009[19]).29 Additionally, there is the Code du Travail: General information and training obligation. (Articles L4141-1 to L4141-5) (French Government, n.d.[20])30 All companies handling dangerous goods are obliged to train their employees on the risks of these goods in accordance with articles L4141-1 et seq. of the Labour Code. More specifically, for employees who are required to participate in transport operations, the company must provide training on the risks and dangers specific to the transport of dangerous goods and on the reactions to adopt for their safety, that of other people, the safety of the environment and of property (1.3 and 1.10 of the ADR).
Lastly, the Code environnemental: L554-6 AND 7 and R555-4 determines that the pipelines concerned by the regulations on pipelines for the transport of hazardous material are pipelines for the transport of natural gas or similar hydrocarbons or chemical products, as well as the installations and equipment required for the operation of the pipeline.
Gas distribution installations are also concerned. For most hydrogen pipelines, the prefect of the department in which they are located will be responsible; if they cross several departments, each prefect is responsible for the sections that cross their department.
Scenarios 4 and 5 – Mobility and partially confined spaces: tunnels and refuelling stations
(Ineris, 2018[21]) defines all the provisions applicable to installations classified for environmental protection subject to declaration with periodic inspection for heading no. 1416 "hydrogen gas distribution station for land vehicles". It concerns installations for recharging vehicles equipped with fuel cells, consisting of hydrogen storage, a distribution area and, if necessary, a production area. Under Article 2.2. of the Order of 22 October 2018, layout rules are described.
These say that: the dispensing area shall be located outside, and its equipment likely to contain hydrogen is at a minimum distance of 14 metres for a maximum flow rate of 120 g/s and 10 metres for a maximum flow rate of 60 g/s, including in the event of a hose rupture, from the site boundary, the ventilation devices, any storage, or installation of flammable, combustible, or oxidising materials other than hydrogen. For additional changes in distancing of the dispensing area, please refer to Table 10.10.
Table 10.10. Changes in the distancing of the dispensing area
The dispensing area and its equipment that may contain hydrogen are at least 5 metres from parking spaces, excluding spaces used by vehicles being filled or waiting to be filled and vehicles used in the operation of the installation.
The vent of the dispensing unit is located at least 3 metres above the highest point of the equipment in the dispensing area, or of the above-mentioned wall if applicable. Subject of the inspection will be:
compliance with the installation distances;
presentation of proof that the characteristics of the walls are fireproof when the distances are not respected and presence and distance of the vent.
Order 12/02/98 (French Government, 1998[22])31 defines the general requirements applicable to hydrogen storage. Article 2.1.1. specifies the layout rules for liquid hydrogen storage tanks:
The installation must be located at least 20 metres from the property line. It is forbidden to store or use liquid hydrogen in buildings. Article 2.1.2. deepens on specific requirements for gaseous hydrogen arguing that the installation must be located at a distance of:
if it is located in the open air or under a canopy, at least 8 metres from the property line or any building;
if the room containing the installation is enclosed, 5 metres from the property line or any building.
The distances of 8 to 5 metres between the building and the storage of hydrogen gas containers are not required if they are separated by a solid wall without openings, made of non-combustible materials and with a 2-hour fire rating, with a minimum height of 3 metres and extended from the storage by a canopy made of non-combustible materials with a 1-hour fire rating, with a minimum width of 3 metres projected on a horizontal plane.
This wall must be extended on either side and on the storage side by return walls without openings, made of non-combustible materials, and fireproof to 1 hour, with a height of 3 metres and a length of at least 2 metres.
Article 2.4. aims at clarifying what fire reaction and resistance characteristics hydrogen gas storages must have. They are: 2-hour fire-resistant walls and high floors, non-combustible light roofing, interior doors with a 2-hour fire rating and fitted with a door closer or self-closing device, door leading to the outside, flameproof to 2 hours, M0 class materials (non-combustible).
Closed premises must be equipped at the top with devices allowing the evacuation of hydrogen, smoke and combustion gases released in the event of a fire (skylights on the roof, opening doors on the façade or any other equivalent device). The manual opening controls are to be located near the accesses. The smoke extraction system must be adapted to the risks of the particular installation.
Article 4.2.1. describes the requirements specific to liquid hydrogen. The installation must be equipped with fire-fighting equipment appropriate to the risks and in compliance with the standards in force, a standardised 100 mm diameter fire hydrant with the necessary equipment to set up a large nozzle and two small ones, 1 x 50 kg powder extinguisher on wheels, 2 x 9 kg powder extinguishers, 1 x 6 kg CO² extinguisher.
This equipment must be placed near the installation, maintained in good condition, and checked at least once a year. The personnel must be trained in the use of fire-fighting equipment. In the event of fire in the vicinity of the installation, measures must be taken to protect the installation.
Article 4.2.2. presents the requirements specific to gaseous hydrogens. The installation must be equipped with fire-fighting equipment appropriate to the risks and in compliance with the standards in force, in particular 1 x 50 kg powder extinguisher on wheels and 1 x 40 mm water tap, equipped with a nozzle that can be brought into service instantly.
This equipment must be located near the installation, maintained in good condition, and checked at least once a year. Staff must be trained in the use of fire-fighting equipment. In the event of fire in the vicinity of the installation, measures must be taken to protect the installation.
Scenario 6 – Domestic use
Hydrogen is not being used (nor regulated) for residential scope. Currently, only LPG or NG gas fuels are regulated.
Additional national standards (recommendations) related to the 6 scenarios
This section contains additional data on specific standards and regulations which provide a background to the safety and regulatory considerations of several scenarios/applications described in the main body of this report.
Hydrogen vehicles regulations
The main regulation concerning hydrogen vehicles is the United Nations for Europe (UNECE) R 134 Europe (UNECE) published in 201532 and updated in 2016, 2017 and 2018. In July 2022, it will replace the European regulations 79/2009 and 406/2010, which currently set out the specific technical specifications for hydrogen vehicles.
Focusing on safety, it deals with the specifications and approval tests of components, in particular tanks and their safety components. It also sets out the requirements for overall safety in the vehicle, including the maximum concentration of hydrogen in the ambient air in and around the vehicle (4%) or the permissible leakage rate in normal operation or after a crash test. It is taken as a reference by the latest European regulations (EU 2018/858 and 2019/2144) and is harmonised with other relevant standards and regulations.
Germany
Regulations related to dangerous and hazardous substances govern hydrogen production, storage, distribution, refuelling stations, and vehicle usage. However, multiple authorities and an absence of a unified permit system is hindering the energy transition in Germany. Some states have already recognised the problem and are strategizing to simplify the supply chain related to hydrogen. A new law aims to integrate hydrogen pipeline transport with existing natural gas pipelines with simplified administrative procedures for operators.
General legal framework for hydrogen
Hydrogen is recognised as an alternative fuel in Germany under the Alternative Fuel Infrastructure Directive.33 Several steps are being taken for the expansion of hydrogen production and the accompanying infrastructure network for its transportation, distribution, and usage. The target of the German Federal Government is to reduce greenhouse gas emission by 55% by 2030 and by 80-95% by 2050 (Bundesministerium für Wirtschaft und Klimaschutz, 2022[23]). Hydrogen produced from green sources is certified accordingly in Germany although no national level certification for hydrogen origin exists. This remains a key barrier for deployment of clean hydrogen at a national level. The involvement of several regulatory organisations increases the chances of delays due to reduced coordination and longer permit processes.
Authorities and institutions in charge of regulating hydrogen
Depending on the application, different authorities are responsible for granting permits related to setting up and operating hydrogen facilities. The Building Authorities at the individual Länder34 are responsible for granting construction permits and for carrying out the necessary assessments. Regulatory requirements can also be different, although the extent and impact of such changes are not clear. However, for road worthiness of hydrogen vehicles and road transport both the local and national authorities have a deciding role.
Existing regulation for the six scenarios
Table 10.11 lists German National Standards reviewed in this report.
Table 10.11. List of German national standards reviewed
Scenario 1 – Production
Production of hydrogen in Germany can be through centralised or localised processes with some procedural simplifications for the latter. The (German Government, n.d.[24])35 (Baugesetzbuch) and (German Government, n.d.[25])36 (Baunutzungsverordnung) govern land use requirements for centralised hydrogen production. Small-scale production and pilot plants which do not produce hydrogen at an industrial level are exempt from land use permits.
Land use regulations are the same regulations which govern the production of chemicals at an industrial level. Industrial or centralised hydrogen production plants can only be constructed in industrial and commercial areas with additional restrictions being imposed if the plant disturbs or is incompatible with the specific nature of the area. There is no evidence to show inconsistent application or interpretation of the German Building Code by the municipalities.
Permits related to construction and operation are granted by the Building Regulatory Authorities. The application process is governed by the Federal Emission Control Act (Umwelt Budesamt, 2020[26])37 and also involves a step for public participation. Both building permits and environment impact assessments are covered under this application process. There are exemptions from EIA for those sites where the production value is under 200 tons subject to the discretion of the regulatory authority and the pre-existing local conditions. The process for permit is unified, i.e., only one permit for building, operating and construction. In several states, permits on emission protection applications are now being given digitally. The digital permit system has been created by the state of Lower Saxony.
However, the requirements for building permits vary per federal state and are governed by the respective State Building Ordinances. For instance, building permits for stationary vessels with 5 m3 storage capacity do not need building permits in North Rhine Westphalia38. The general rule is that permits applications should be decided within a maximum period of seven months. For facilities with small storage quantities (under 3 tons), the maximum period is 3 months. However, delays due to incomplete documentation or non-performance of legal and regulatory obligations typically makes the process take 12-15 months.
The Federal Emission Control Act exempts permit requirements for plants and installations that are being constructed for research and development of new feedstocks, fuels, or processes in laboratories or in pilot plants (non-industrial production). However, these plants still require environmental compliance and the environmental impact of opening such facilities should be minimum.
Barring the above exemption, all industrial scale production needs to fulfil the application process. The application must fulfil the following minimum requirements before a construction, operation and building permit can be granted:
Definition of the scope of the project,
Expert opinion39 of an authorised inspection body in accordance with the (German Government, n.d.[27])40 (TÜV, DEKRA). The report shall consist of the description and assessment of planned facilities, operating procedures, procedures related to safety requirements, and fire and explosion protection. Further, a risk assessment is also mandated under the Ordinance. Provisions of the Ordinance on Hazardous Substances should also be fulfilled;
Documentation related to processes, safety equipment, construction drawings, site plan;
Public announcement and public display of plans, replies to objections after public announcement.
Safety requirements are regulated through the Hazardous Accidents Ordinance and are set based on the risk assessment performed under the Ordinance on Industrial Safety and Health, and the quantity of hydrogen being produced at the facility. For facilities where the production is greater than 5 tons, the operator must draw up a written concept note for the prevention of hazardous accidents. For production greater than 50 tons, the operator must prepare a safety report, emergency plan, public announcement (via internet or local news) of the safety measures. The operator must also appoint an accident officer and an emission control officer (although it can be the same person holding both responsibilities).
Both internal and external safety distances are not fixed and depend on the local conditions and the risk assessment of the individual facility. The Ordinance of Industrial Safety and Health is the relevant regulation for determining safety distances.
The Federal Land Utilisation Ordinance allows hydrogen storage only in industrial areas and in some rare cases in commercial areas. However, refuelling stations without onsite production but (including hydrogen) which also store hydrogen are allowed even in residential areas. This creates regulatory inconsistency.
Scenarios 2 and 3 – Transport pipelines and road transport
Germany does not impose additional conditions for the road transportation of hydrogen and regulations governing transport of hazardous goods are applied.
Operators transporting hydrogen, like other dangerous goods, need to appoint a dangerous goods officer who has an ADR training certificate. The driver of the transport vehicle must also have an ADR training certificate specific for hydrogen transportation. Vehicles must be clearly marked for transport of hydrogen. The pressure receptacle must have a safety factor (ratio between burst pressure and nominal fill pressure) of 3.
Approval for hydrogen powered vehicles is similar to those for conventional fuel vehicles. Rules related to maintenance are also similar to those applicable to conventional fuels. Manufacturers, however, are required to prepare maintenance manuals specific to hydrogen vehicles. The individual components of the vehicle have to undergo rigorous tests as required under European and national frameworks. This is equally true for cars, trucks, buses, bikes and motorcycles.
Road route planning is the responsibility of the State transport department. Rules for dangerous goods such as those related to use of bridges and ferries and parking in residential spaces at certain times or on public holidays also apply.
Parking is allowed in underground garages as long as there is no explicit prohibition by the owner of the garage. Since hydrogen vehicles are treated on par with electric vehicles, parking spots dedicated to electric vehicles can be used. Access restrictions for reasons of noise and emissions may also be removed.
High safety requirements (ADR) have restricted the increase of payload of hydrogen trailers and restricted the cylinder/tube volume. Improvements in transport technology means that more hydrogen can be transported at lower costs. However, regulatory restrictions are preventing this from happening. Recently, an ordinance has been passed giving operators the option to use existing natural gas pipelines for hydrogen.
Scenario 4 – Mobility and partially confined spaces: tunnels
Restrictions on transport of dangerous goods in tunnels apply based on road tunnels classified by ADR.41 For instance, there is no restriction for Category A tunnels. Tank carriage of hydrogen is forbidden in tunnel categories B, C, D and E. Hydrogen in cylinders can pass through in tunnel categories A, B and C. Additional conditions such as time restrictions may be applicable. The conditions are regulated by the Federal Ministry of Transport and Digital Infrastructure.
At present no restrictions are imposed on hydrogen powered cars travelling through any kind of tunnel. Information on restrictions (if any) related to movement of hydrogen powered trucks and buses is not available publicly.
Scenario 5 – Mobility and partially confined spaces: refuelling stations
The rules governing the construction and operation of HRS present some uncertainty. For one, each federal state has its own rules with respect to building requirements. Secondly, since HRS can produce and store hydrogen at different capacities, the requirements related to land use and general operability are often unclear.
The permitting process is required to be completed within 3 to 7 months depending on how complex the facility is. However, this extends to up to 15 months.
Once a binding land use plan is prepared, a hydrogen refuelling station is permissible as long as it does not contravene the terms of the land use plan. Under the German Building Code, a building permit is required for erecting a facility. An HRS with onsite production is allowed only in industrial and commercial areas and subject to additional local conditions (if any exist).
Rules vary depending on whether an HRS has the ability for onsite production of hydrogen and the accompanying storage limits and are summarised below:
When the storage limit is under 3 tonnes, a building permit under State Building Regulations and an operation and construction permit under Ordinance for Industrial Safety and Health is needed – irrespective of the production capabilities.
When the storage limit is more than 3 tons but under 30 tons and the facility does not have onsite production, a simplified procedure under the Emission Control Act applies.
When the storage limit is more than 30 tons and the facility has onsite production, no simplified process exists. All the provisions as applicable to production of hydrogen at an industrial scale are applicable.
A risk assessment must initially be performed before the permit is granted and subsequently on a regular basis according to the Ordinance on Industrial Safety and Health. The risk assessment determines the specific safety requirements and distances applicable to that permit.
Scenario 6 – Domestic Use
Present regulation does not support hydrogen in domestic use.
Japan
Japan has the advantage of having a designated government policy, such as “Strategic Roadmap for Hydrogen and Fuel Cells” (2011) and “Basic Hydrogen Strategy” (2017), formulated by the government, supporting the uptake of hydrogen, coupled with a public acceptance of hydrogen projects in the domestic-energy mix (Miho, Mihoko and Kimiharu, 2021[28]). Japan relies on existing regulations (HPGSA, HPGSCA etc...) related to high pressure gases and flammable gases to regulate its hydrogen industry.
General legal framework for hydrogen
The High-Pressure Gas Safety Act (HPGSA) (Japanese Government, n.d.[29]),42 which regulates the safety of high-pressure gas, plays a central role. The detailed content of the HPGSA is in the General High Pressure Gas Safety Ordinance (GHPGSO) (Ministry of International Trade and Industry, n.d.[30]).43 The regulations with more specific figures are the Exemplified Standards.44 The HPGSA, GHPGSO and Exemplified Standards cover high-pressure gases. Hydrogen is specified as one of the high-pressure gases and as a flammable gas. Therefore, the same regulation is applicable to hydrogen as to one of the other high-pressure gases. Still, there are some hydrogen-specific provisions in GHPGSO covering compressed hydrogen stations (e.g., in GHPGSO, Article 7-3).
Authorities and institutions in charge of regulating hydrogen
The responsible legislator institutions at the national level are the National Diet (in charge of the Law), the Cabinet (Cabinet Orders), and the Minister of Economy, Trade and Industry (METI) (Ministerial Ordinances, Public Notices, Circular Notices (Internal Rules)), whilst the permitting institution is represented by the prefectural governor at the provincial level.
Existing regulation for the six scenarios
Table 10.12. List of Japanese regulations reviewed
Scenario 1 – Production
Japan defines the “Production of high-pressure gas” as “compressing, liquefying or otherwise treating, and filling containers with high pressure gas”. Among the production equipment (excluding pipeline for production), gas equipment refers to the parts passed through the gas of the high-pressure gas being produced, including the raw material gas and low-pressure gas before reaching the state of high pressure (pumps, compressor, towers and vessels, heat exchanger, pipes, joints and connectors, valves, and other associated accessories) (High Pressure Gas Safety Institute of Japan (KHK), 2016[31]).
There are no specific regulations to electrolysers in the High-Pressure Gas Safety Act (HPGSA) (Japanese Government, n.d.[29])and the General High Pressure Gas Safety Ordinance (GHPGSO) (Ministry of International Trade and Industry, n.d.[30])45 (compressors, pumps, evaporators and other treatment equipment, pipes, storage tanks, etc.).
For instance, rather than hydrogen-specific regulations, GHPGSO Article 6 (1) (Ministry of International Trade and Industry, n.d.[30]) includes leakage control provisions for high pressure gases containing hydrogen.
To prevent leakage, there are provisions that include the installation of emergency shut-down devices in the pipes (Article 6 (1)(xxv),46 structures to prevent stagnation,47 the installation of gas leak detection and alarm system,48 an explosion-proof construction,49 and the strength of high-pressure gas facilities.
Regarding the structure to prevent stagnation, the room in which the manufacturing equipment is installed shall be of a well-ventilated structure or shall have forced ventilation by openings in two or more directions, or by ventilation equipment, or their combination.50
Explosion-proof construction is needed to prevent nearby electrical equipment from becoming an ignition source in the event of flammable gas leakage.
Furthermore, high pressure gas facilities should be equipped with a pressure gauge and a safety device that can immediately restore the pressure to below the limit if the allowable operating pressure in the facility is exceeded.51
When it comes to high pressure gas facilities’ strength, there are tests on pressure resistance (Ministry of International Trade and Industry, n.d.[30]),52 the airtightness of the construction (Ministry of International Trade and Industry, n.d.[30])53 and pipes wall thickness (Ministry of International Trade and Industry, n.d.[30]):54
GHPGSO, Article 6 (1) (xi) and Exemplified Standards, Article 7 regulate that the high-pressure gas facilities should pass the pressure resistance test with certain requirements (Definitions of high-pressure gas) to ensure that they can withstand up to 1.25 times or more than the normal pressure55 for 5-20 minutes.
GHPGSO Article 6 (1) (xii) and Exemplified Standards, Article 7 regulate that the high-pressure gas facilities should pass the airtight construction test with certain requirements (Definitions of high-pressure gas) to ensure that they can withstand up to pressures above the normal pressure for 10 minutes or more.
Regarding pipe wall thickness, see Definitions of high-pressure gas.
The standards for materials used for the pipes of high-pressure gas facilities must be:
HPGSA and Enforcement Order of HPGSA regulate the amount of production which requires a permission issued by the prefectural governor. Under HPGSA, gases are classified by type into two classes: hydrogen is a flammable gas and therefore, a Class 2 gas (GHPGSO, Article 2 (1) (i)).
Therefore, when the amount of hydrogen produced is 100 Nm3/day or more, the permission by the prefectural governor is required,58 as well as when the amount of hydrogen stored is 1000 Nm3/day or more59 as shown in Table 10.13.
Table 10.13. Categories for permissions for high pressure gas production and storage
1. Class 2 Gas is more hazardous than Class 1 Gases, the standard for the quantity of production required to qualify is smaller.
2. The amount of hydrogen generally handled at a hydrogen station is more than 100 Nm3/day.
Regarding safety distance,60 because storage and treatment facilities of a high-pressure gas production site encounter a large risk of disasters and a large impact on their surroundings in the event of a disaster, to ensure safety, a distance of at least Class 1 Equipment Setback (High Pressure Gas Safety Institute of Japan (KHK), 2016[31])61 and Class 2 Equipment Setback (High Pressure Gas Safety Institute of Japan (KHK), 2016[31])62 must be maintained.
Class 1 Equipment Setback refers to the minimum distance to be maintained from the exterior of the storage equipment or processing equipment of a high-pressure gas production facility to Class 1 Protected Properties.63 Similarly, Class 2 Equipment Setback is the minimum distance from Class 2 Protected Properties.64 The Equipment Setback is determined by the storage or processing capacity and its calculation is as it is shown in Table 10.14.65
Table 10.14. Calculation of equipment setback for flammable gas (X is the storage capacity (in cubic meters for compressed gas and in kilograms for liquefied gas) or processing capacity)
The high-pressure gas facilities for the production of flammable gases containing hydrogen must be installed at no less than the distances indicated from the following facilities (Table 10.15):
Table 10.15. Safety distance of the high-pressure gas facilities for the production of flammable gases containing hydrogen
1. The Regulation of Dangerous Goods Ordinance, Article 12.
Scenarios 2 and 3 – Transport pipelines and road transport
Transport pipelines
Currently, pipeline transport of hydrogen is limited to short distance uses, as a means of transport between plants in Japan. Three projects exist for the installation of hydrogen pipelines.66 However, there are no long-distance pipelines such as those in the United States or Europe, the longest being 1.2 km.67
Short-distance transport of a few kilometres is exempt from the High-Pressure Gas Safety Act, as the pressure during transport is less than 1 MPa, which is the requirement for high pressure gas.68
The provisions for transport through high pressure pipelines are in GHPGSO, Article 6 (1) (xliii), which provides a set of regulations regarding pipe installations and pipe properties. The GHPGSO of 1966 provided for the following regulations on pipes. Article 6 (1) (xliii) covers high-pressure gases including hydrogen.
Regarding the location of pipes
Regarding pipes strength
GHPGSO, Article 6 (1) (xliii) and Exemplified Standards, Article 7 regulate that the pipes should pass pressure resistance test with certain requirements (see section on Additional national standards (recommendations) related to the 6 scenarios ) to ensure that they can withstand up to 1.25 times or more than the normal pressure for 5-20 minutes;
GHPGSO, Article 6 (1) (xliii) and Exemplified Standards, Article 7 regulate that the pipes should pass the airtight construction test with certain requirements (see section on Additional national standards (recommendations) related to the 6 scenarios ) to ensure that they can withstand up to pressures above the normal pressure for 10 minutes or more;
Regarding pipes wall thickness, see Definitions of high-pressure gas.
Regarding materials
For the protection of outer surfaces when pipes are buried underground, the outer surface of the pipes must be protected by a paint covering or asphalt mastic or similar coating by a combination of asphalt or coal tar enamel or similar coating material and jute (Hessian cloth), vinylon (or vinalon) cloth, glass mat or glass cloth, or similar coating material.71
Regarding measures to absorb stresses
When pipes are installed underground, the pipes should be supported in the soil uniformly and with suitable frictional forces, whereas when they are installed above ground, bent pipes should be installed to absorb stresses (the amount of expansion and contraction). To not exceed the temperature of normal use, when pipes are installed above ground, measures such as painting silver paint on top of anti-corrosion paint should be taken to prevent abnormal temperature rises. Pipes communicating between establishments shall be equipped with telephones, intercoms, etc., to allow for reporting in case of an emergency.72
Regarding safe distances
In crossings of public roads where vehicle traffic is particularly heavy, the depth of buried pipelines shall be at least 1.2 m.73 Regulations on the safety distance of pipelines could not be found. Although there have been some demonstrations of pipeline laying in Japan, most of the pipelines are on factory premises and are not long-distance as in other countries, which may explain the lack of pipeline safety distance regulation in Japan.
A chief gas engineer shall be appointed when installing pipelines with a continuous extension of more than 500 m ((n.a.), n.d.[32]).74
Notification establishing detailed technical standards for the location, structure and equipment of manufacturing facilities and manufacturing methods provides the following safety distances from the pipes as it is shown in the tables below (if the normal pressure is less than 1 MPa, the horizontal distance shall be 15 m less than the following safety distances, respectively).
Table 10.16. Safety distance from the pipes when pipes are buried
Table 10.17. Safety distance from the pipes when pipes are installed above ground
Note: Gas Business Act Enforcement Regulations, Article 1 (2) (ii).
Regulations pertaining to odour control measures
The Gas Business Act, Article 21 and the Ministerial Ordinance Establishing Technical Standards for Gas Facilities, Article 22 provide regulations on odorant measures when gas is supplied through pipes.
When supplied by low pressure (~0.1 MPa ((n.a.), n.d.[33]) 75), it is necessary to provide odorant measures so that the gas can be detected by odour. This does not apply to large gas supplies that are used to supply large quantities of gas at medium (0.1 MPa~ 1 MPa ((n.a.), n.d.[34])76) or higher pressure, or where appropriate leak detection equipment has been installed by appropriate means.
Road transport
The provisions for road transport are GHPGSO, Article 49, 50, which regulate high pressure gas including hydrogen. Based on these articles, the temperature of the filling container should be kept below 40°C at all times by avoiding sunlight, covering the vehicle with a sheet and choosing a shaded area for parking.
Composite containers that are 15 years old must not be filled, stored, or moved. Proper measures should be applied to prevent filling containers from tipping over (e.g., filling containers should be stacked horizontally. For liquefied gas, vertical stacking is recommended to prevent the safety valves from being used by the liquid and becoming inoperative.).
When parking, except when loading or unloading the filling containers, areas where Class 1 and 2 protected properties77 are densely located should be avoided and a safe place with light traffic should be chosen.
Scenarios 4 and 5 – Mobility and partially confined spaces
No hydrogen-specific regulations related to tunnel have been found. In long tunnels (over 5 000 m long) and underwater/waterfront tunnels, the passage of vehicles carrying explosive or flammable dangerous goods is prohibited or restricted (Road Act, Article 46). Tunnel requirements are as below,78 though those requirements are written in a Circular Notice (Internal Rules) (Ministry of Land, Infrastructure, Transport and Tourism, 2005[35]).
The tunnel premises structure must be possible to sustain wind speeds of 2 m/s or more in order to prevent heat from rising back up from the point of accident.
There must be no congestion that stagnates for more than 11 minutes (i.e., the vehicle must be able to pass through the tunnel in 11 minutes) before the hydrogen is released from the hydrogen vehicles.
When it comes to hydrogen stations, there are four equipment configurations: the dispenser, the storage tank, the accumulator, and the compressor, each of which is regulated under GHPGSO. The March 2005 amendments to the GHPGSO set out Article 7-3 as technical standards for specific compressed hydrogen stations. Regarding performance requirements for hydrogen dispensers and constraints on the filling process, Exemplified Standards such as 55-2 and 59-4 refers to JPEC-S0003. In Japan, the fuelling protocol standard in compliance with national legislation, which is called JPEC-S0003 was developed by Japan Petroleum Energy Center (JPEC) based on SAE J2601. However, JPEC-S0003 is modified for the Japanese regulation. (i.e., The normal pressure at hydrogen stations is 90 MPa to 100 MPa in the United States because the protocol is based on the assumption that the normal pressure is sufficiently high for the maximum filling pressure of the on-board container, 87.5 MPa. On the other hand, the normal pressure at hydrogen stations in Japan is less than/equal to 82 MPa because national regulation, GHPGSO Article 7-3 stipulates that the upper limit of the normal pressure is 82 MPa.)
For on-site production facilities, the same regulations as in production plants are applied. The provisions on production regulations are applicable to both production facilities and hydrogen stations. As of December 2022, there are approximately 164 hydrogen stations in operation in Japan (Kato et al., 2016[36]).79
GHPGSO Article 6 contains the provisions for production facilities excluding cold evaporators, compressed natural gas stations, liquefied natural gas stations, and compressed hydrogen stations, and most provisions in Article 6 are applied mutatis mutandis in Articles 7-3(1) (i)and 7-3(2)(i).
Regarding standards for materials for high pressure gas equipment, the compressor must be made of (i) Stainless steel (SUS316) or (ii) SCM435 Steel.80
Pipes must be made of (i), (iii) JIS G4311 (heat-resistant steel bars and wire rods) (limited to SUH660), JIS G4312 (Heat-resistant steel sheet and strip) (limited to SUH660),81 (iv) ASME Section ii Part A (1998) SA-479, SA-312 (limited to Type XM-19).82 The valves must be made of (i), (iii), (iv), (v) JIS H3250 (2010) copper and copper alloy rods (limited to C3604 and C3771).83
The dispenser must be protected against damage to hoses due to accidental starting of vehicles (Ministry of International Trade and Industry, n.d.[37]).84 To ensure that hydrogen does not stagnate on the roof – if installed –, the dispenser shall have a structure on the roof (Ministry of International Trade and Industry, n.d.[38]):85
where the lower surface of the roof is horizontal and flat, and
that allows leaking gases to pass from the lower face to the upper face where the lower face of the roof is sloped or has an indentation.86
Flame detectors must be installed and if a flame is detected, an alarm is activated to stop the operation of the onsite production facility and prevent leakage of compressed hydrogen (Ministry of International Trade and Industry, n.d.[39]).87
A liquid storage tank must have a pressure relief valve and criteria for releasing liquefied hydrogen. Liquid storage tanks for inflammable gases, including hydrogen, which have a storage capacity of 1 000 tonnes or more, must use reinforced concrete, steel and reinforced concrete, metal, earth, or a combination of these. Liquid dikes must be made of corrosion- and rust-resistant metal. The earth fill is to be sloped no more than 45° to the horizontal.
The surface must be protected by concrete or other means to prevent run-off due to rainfall. The width at the top of the embankment should be at least 30 cm (Ministry of International Trade and Industry, n.d.[40]).88 Gas storage tanks must have measures to prevent temperature rise (water89 or fire hydrants (Ministry of International Trade and Industry, n.d.[41]).90
Flame detectors must be installed at the accumulators and if a flame is detected, an alarm should be activated to stop the operation of the onsite production facility. A firewall must be installed to prevent the accumulators from being heated by a fire that occurs outside the premises of the compressed hydrogen station (Ministry of International Trade and Industry, n.d.[42]).91 Overflow prevention valves must be at the outlet of the accumulator (Ministry of International Trade and Industry, n.d.[43]).92
The pressure relief valves in the pipes receiving compressed hydrogen from the accumulator monitor the hydrogen pressure and automatically open when the pressure exceeds the set pressure, reducing the pressure before the relevant safety device is activated. Small and safe amounts of hydrogen are released (Ministry of International Trade and Industry, n.d.[44]).93 If the pressure relief valves are not activated, the safety valves are activated when the set pressure of the safety valve is reached. Large quantities of hydrogen are released in a short time (Ministry of International Trade and Industry, n.d.[45]).94
The compressor must have emergency shutdown devices (Ministry of International Trade and Industry, n.d.[46])95 and ventilation systems (Ministry of International Trade and Industry, n.d.[47]).96 The compressor must be installed in a room with a steel plate casing or non-combustible construction, and the room should be provided with a ventilation system with sufficient ventilation capacity.97 Reinforced concrete barriers with a minimum thickness of 12 cm shall be placed between the compressor or liquefied hydrogen boosting pump and the sending gas evaporator connected to it, the accumulator, the liquefied hydrogen storage tank and the sending gas evaporator and the dispenser.98
The Regulation of Dangerous Goods Ordinance Article 27-5 outlines the installation standards for hydrogen stations: location, structure or equipment of dispenser, liquefied hydrogen pipes, and gas pipes etc. Reformers for the production of hydrogen by reforming from dangerous goods must be installed outdoors where there is no risk of collision with vehicles.
The MC formula method in SAE J2601 is added to JPEC-S0003 (2021), which calculates the rate of pressure increase in response to the supply fuel temperature, enabling filling to be carried out under appropriate filling conditions. Exemplified Standards 59-4, which refers to JPEC-S0003, stipulates that when compressed hydrogen is filled into fuel equipment containers, the rate of pressure rise should be monitored by a pressure transmitter installed in the dispenser and the rate of pressure rise and the pressure tolerance range should be set in advance in accordance with JPEC-S0003.
GHPGSO Article 7-4 stipulates technical standards for compressed hydrogen stands that allow customers to fill themselves with compressed hydrogen and enable the operation of hydrogen stands under remote supervision. In addition, requirements have been established in Circular Notices (Ministry of Economy and Trade and Industry of Japan, n.d.[48])99 to allow one safety supervisor to serve concurrently at more than one hydrogen station, provided that the station is limited to compressed hydrogen stations as defined in GHPGSO Article 7-3 and mobile compressed hydrogen stations as defined in GHPGSO Article 8-2. On the other hand, hydrogen stations with remote monitoring are not included in the list of hydrogen stations where a safety supervisor can serve concurrently at more than one hydrogen station due to the lack of experience in operating hydrogen stations with remote monitoring.
GHPGSO, Article 7-3 (2) provides the following safety distances as it is shown in Table 10.18:
Table 10.18. Safety distance
Regarding the mobile manufacturing equipment, in addition to a pressure-operated safety valve the accumulator must be also provided with a safety valve that operates below 110°C (Ministry of International Trade and Industry, n.d.[49]).100 The safety distance of the mobile compressed hydrogen fuel station is shown in Table 10.19.
Table 10.19. Safety distance of the mobile compressed hydrogen fuel station
Note: Manufacturing facilities with treatment facilities for filling fuel equipment containers fixed to vehicles using compressed hydrogen as fuel with compressed hydrogen, which can be moved with respect to the ground surface. GHPGSO, Article 2(1)(xii)(xxvi), Article 8-2 (2) (ii).
Scenario 6 – Domestic use
ENE-FARM, a fuel cell system for domestic use that uses hydrogen, was released in 2009. Fuel cells for domestic use, including but not limited to hydrogen, are subject to the Fire Service Act and the Electricity Business Act. Under the Fire Service Act, installation of fuel cells requires notification of equipment installation in accordance with the Fire Prevention Ordinance of the Fire Service Act, Article 44 (1) (xi).
When the Fire Prevention Ordinance of the Fire Service Act was amended to take into account fuel cells for domestic use, there were no practical applications for hydrogen fuel cells, so hydrogen fuel cells are not yet listed in the list of fuel cells to which the technical standards apply.101
Under the Electricity Business Act, there are regulations such as compliance with technical standards,102 safety regulations,103 appointment and notification of a chief engineer,104 and required notification of a construction plan.105 In 2004, a certification system for household fuel cell systems came into effect. The voluntary standard, Technical Standards and Inspection Methods for Small Fuel Cells for Stationary Use describes this certification.
Additional national standards (recommendations) related to the 6 scenarios
This section contains additional data on specific standards and regulations which provide a background to the safety and regulatory considerations of several scenarios/applications above.
Table 10.20. The legal structure of the High-Pressure Gas Safety Act
Definitions of high-pressure gas
Substances falling under any of the following categories (High Pressure Gas Safety Institute of Japan (KHK), 2016[31]) are called high pressure gas subject to the High-Pressure Gas Safety Act. (Pressure is referred to as the gauge pressure.) High-pressure gases are defined as compressed gases with a hydrogen state of 1 MPa or more and liquefied gases with a hydrogen state of 0.2 MPa or more (High Pressure Gas Safety Institute of Japan (KHK), 2016[50]).
Table 10.21. Definitions of high-pressure gas
Regarding pipes wall thickness, Outer diameter to inner diameter ratio of 1.5 or less: t=PD/ (2an + 0.8P),106 Outer diameter to inner diameter ratio exceeding 1.5: t=D/2(1- √((an-P)/(an+P)).107
Under pressure resistance test of pipe, in principle, they shall use Water. Liquid requirements when liquids other than water are used are i) Below the boiling point, ii) In the case of flammable liquids, their flash point is higher than 40°C and they are tested near room temperature. Where it is inappropriate to fill the water for compelling reasons, they can use air or other non-hazardous gases.108
The airtight construction test of pipe to ensure that gases inside the equipment do not leak is conducted using air or other safe gas at pressures above the normal pressure. They should use air and other non-hazardous gases at temperatures not likely to cause brittle fracture.
The Netherlands
Hydrogen production in the Netherlands is mature and well-developed. The Dutch government has recognised that a solid regulatory framework is key to the development of the hydrogen economy. The Ministry of Economic Affairs and Climate Policy has identified that one of the main policy issues will be the transition of the natural gas infrastructure from natural to green gas and low carbon hydrogen. Currently, at least ten legislative texts and six governmental institutions can be relevant when it comes to different aspects of the transition to hydrogen. Except for general restrictions within the broader Dutch regulatory framework and two very particular regulations, the PGS35 for hydrogen fuel stations and the requirements for hydrogen fuel cells (soft law), there is currently no mandatory, specific, regulation for new hydrogen usage in the energy transition. Hence, there is a wide range of legislation, however these often do not consider explicitly hydrogen as an energy carrier for the energy transition. Legislative clarity, alignment of existing multiple regulatory goals and existing legal provisions and rules and guidance are being worked on to ensure consistent interpretation of legal framework with the Environment and Planning Act. This includes how relevant authorities should use their competencies regarding hydrogen.
General legal framework for hydrogen
The national government is working on bundling and modernizing the regulations for the living environment into the new Environment and Planning Act (version in English) – which is supposed to enter into force on January the 1st 2024. In the meantime, the relevant authorities have to figure out how they could process requests for permits when for some of the applications the national regulation is ambiguous. In 14 municipalities, new hydrogen gas stations have been built, and a number of authorisations for hydrogen gas stations are pending. According to the existing legislation this has to be done by using a risk analysis that in most cases is, based on the ministerial memos on calculating such risks and local and regional expertise in the environmental domain. Hydrogen refuelling stations are in nearly all cases in breach of the prevailing land use development plan, if only because most development plans do not consider the possibility of using hydrogen as a fuel. For other applications more regulatory clarity seems necessary to make and speed up the transition. The different authorities and stakeholders operate in silos to discuss relevant developments and how to enable and support safe energy transition, hence the approach with national guidance (Richtsnoeren waterstofveiligheid). The guidelines are being used as the safety framework for four such hydrogen projects. Two of these fall under the Green Deal H2 districts. The “Generic guideline for hydrogen safety” provides starting points for how to handle hydrogen safely. Specifically for the four projects there is also the 'Supplementary safety guideline'. This guideline gives substance to the agreements made within the Green Deal H2-Neighbourhoods about guaranteeing safety. The Netherlands Authority for Consumers and Markets (ACM) has developed a framework to facilitate pilots for the domestic use of hydrogen (Authority for Consumers and Markets, n.d.[51]).109 In addition, the Ministry of Economic Affairs and Climate Policy has appointed the State Control of the Mines (SodM) as the supervisory body for the safety of the pilots (Ministry of Economy and Climate, 2022[52]).110
Authorities and institutions in charge of regulating hydrogen
The basis of the Dutch regulatory framework is stipulated in its constitution. The constitution establishes four different levels of government: the local (gemeente), regional (provincie), the national government (Rijksoverheid) and the entity water boards (waterschappen) each with their own tasks, policies, and regulations. This is in line with the principle of subsidiarity,111 i.e. the different levels function in a hierarchy where the local and regional government are subsidiary to the national government (Government of the Netherlands, 2022[53]) and issues are dealt with at the most immediate or local level that is consistent with their resolution.
There are around 344 local municipalities (gemeente) subject to changes in the Netherlands. The responsibilities of the local municipalities include keeping track of who lives in the municipality, provide benefits to those who cannot support themselves, responsible for the housing of schools, make zoning plans, provide subsidies and the regional municipalities (provincie) are responsible for the layout of the province ensuring the implementation of regional economic policy. For example, they can decide where to locate business parks.
At the moment of writing, the national government (Rijksoverheid) consists of 12 ministries. The ministries are under the political leadership of a minister and a secretary of state. The civil service of each ministry is headed by a secretary-general. Under the responsibility of the ministries are about 160 organisations (Government of the Netherlands, 2022[53]).
The national government is the primary policymaker and regulator with regards to safety. The regulations focus on activities, (operating) facilities or the living environment, and function by issuing permits.
When authorising a permit, the responsible government takes the public interests into consideration related to the national regulation – examples of public interests for energy related projects are safety, durability, reliability, and affordability. Which government (bevoegd gezag) authorises a permit differs per regulation. For instance, mining activities need a permit from the national government, (operating) facilities which work with large quantities of hazardous substances need an environmental permit (omgevingsvergunning) which is in far most cases issued by the regional government (Province). Local government (gemeenten) deal with small facilities with limited amount of hazardous substances.
Whereas the process for regulation and permits starts prior to the activity, inspection and control come into play throughout the activity. The organisation that carries out the inspection also differs per regulation. For mining activities there is a national inspection (in Dutch jargon: rijksinspectie (Government of the Netherlands, 2016-2021[54]). For the above-mentioned (operating) facilities there are different inspections, there is an environmental inspector (omgevingsdienst (Kortekaas, n.d.[55])112), a national inspector for occupational safety (Inspectie SZW (Nederlands Arbeidsinspectie, n.d.[56])113) and the safety region (veiligheidsregio).
There are several channels through which hydrogen-based initiatives can get into contact with the authorities, which affect the point in time at which authorities first get involved on a project. Hydrogen initiatives can make use of the Environment Desk, which allows them to get into contact with the relevant authorities concerning questions on licensing and to get information on licensing procedures. In other cases, companies may be referred by the municipality. For environmental inspection there is a rule of thumb (InfoMil, n.d.[57]): whichever government (bevoegd gezag) issues the permit will be responsible for enforcement. Next to their above-mentioned responsibility as inspector, the safety region (veiligheidsregio ((n.a.), n.d.[58])114) is mainly responsible for incident control (predominantly fire) and coordination when a disaster or crisis occurs. The country is divided into twenty-five safety regions (Groenen, n.d.[59]).115 Permits are normally necessary to operate and in most cases also to build a hydrogen gas station. The procedure takes several steps, which may be lengthy as common procedures applied for environmental permits: a request by a party, drafting a safety report, which needs to have an advice from the safety region and the enforcement department of the permit-giving organ. Individual domestic use of hydrogen (for instance, boilers) is regulated via private parties (sellers and buyers), also in terms of liability.
For a hydrogen filling station, a Wabo environmental permit must be applied for in all cases (Bor, Appendix 1, Part C, category 4.4, paragraph L) and usually also a building permit (Rijksoverheid, 2022[60]). In the classification of the Activities Decree, a hydrogen filling station is a type C establishment (no permit is required for type A, type B only requires notification, type C requires a permit). The competent authority follows the extensive Wabo procedure. Moreover, the initiatives are almost always conflict with the prevailing zoning plan, if only because hydrogen refuelling is usually not mentioned within spatial planning in the zoning plan.
Various licensors and regulators may be involved in their role in hydrogen. For instance, for licensing and supervision of the aforementioned pilots, the following public authorities are relevant:
Authority for Consumers and Markets (ACM);
State Supervision of the Mines (SodM);
Radiocommunications Agency (AT);
Environmental Services (ODs) and Regional Implementation Services (Ruds);
Safety Regions (VRs);
Construction and Home Supervision (BWT);
Human Environment and Transport Inspectorate (IlenT);
Labour Inspectorate;
Ministry IenW;
Ministry of Economic Affairs and Climate.
To summarise, every level and type of government will be confronted, to differing extents, with the challenges of the energy transition. Either when making policy or regulation, when authorizing permits, when inspecting and when something (inevitably) goes wrong. Hence, there is the Energy Transition Policy Principles and the Hydrogen Guidelines (Richtsnoeren).
Existing regulation for the six scenarios
Hydrogen is not comprehensively regulated in the following laws and regulations:
Building Decree 2012. There are currently no established requirements for hydrogen applications in buildings, law on quality assurance for building, the underlying governmental decrees (AMvBs) and requirements of private parties.
There are numerous other existing acts, decrees and rules, e.g. (Brzo [Seveso], increased risks premises Decree [Bevi], General Permitting Act [Wabo], Environmental Act, Spatial Planning Act capturing hydrogen as chemical in a classical manner. The Environment and Planning Act will be a complete integrated replacement of the mentioned existing laws and regulations to be a law that governs how the environment and land use is managed.
The Dutch Gas Act and its supporting schemes: currently, there are no regulations governing the supply of hydrogen to customers in urban areas. There is also no legal foundation for network operators to participate in hydrogen pilot projects, even though they are frequently involved in them. Currently, the Dutch competition law authority (ACM) and SodM use established guidelines, rather than regulation, to carry out their natural gas monitoring responsibilities. In 2021 the ACM issued a ‘toleration policy’ note to promote energy transition, which, however, requires certainty on the safety criteria to effectuate hydrogen projects. The Gas Act is being transferred into an Energy Act.
The Dutch government signed the 2015 Paris Agreement and is currently drafting the Dutch Climate Agreement to implement it. Hydrogen is a critical energy carrier for all transition options in the Draft Climate Agreement (HyLAW, 2019[61]). Within this agreement, the use of hydrogen is seen as cross-sectoral solution for a climate neutral society.
Currently, hydrogen rules are mostly focused on industry and related operations such as production and transportation. However, except for general restrictions within the broader Dutch regulatory framework and two very particular regulations, the PGS35 (PGS 35, 2021[62]) for hydrogen fuel stations and the requirements (NEN, 2020[63])116 for hydrogen fuel cells (soft laws), there is essentially no targeted regulation for new hydrogen usage in the energy transition. The current environmental law and decrees include hydrogen. However, they do not include much on the implication of the energy transition in instrumentation. Other policies are under development, for instance, the PGS38 is currently under development, which is an informative document with guidelines for the safety of multi-fuel stations (HyLAW, 2019[61]).
Regulations and standards for safety, interoperability, and compatibility, among other things, are needed to help with the energy transition. Electricity and gas cannot be separate any longer; the energy system must be viewed as a whole. This necessitates complementary legislation, which law proposals such as “STROOM” and “Wet Voortgang EnergieTransitie” aim to achieve. Interoperability and integration are hampered by the lack of a clear single authority (e.g., energy storage, power-to-gas and gas-to-power).
It has been recommended to Dutch policymakers to agree on an integrated energy transition policy to boost hydrogen infrastructure, which enables an efficient green and renewable energy system in line with the goals of the forthcoming Dutch Climate Agreement (Klimaatakkoord) (HyLAW, 2019[61]).
Table 10.22. List of applicable legislation in the Netherlands
Scenario 1 – Production
Hydrogen production in the Netherlands is mature and well-developed, having been conducted for more than 50 years. The chemical and petrochemical industries are the primary producers and users of hydrogen (centralised production) (HyLAW, 2019[61]). Hydrogen is used as a feedstock and, more recently, as an energy carrier.
The Netherlands produces the second-largest amount of hydrogen in Europe, after Germany. Most of the hydrogen in the Netherlands is being produced from natural gas.
Regardless of the type of hydrogen production (PEM, alkaline, reforming) or the presence (or lack) of hazardous compounds in the process, a hydrogen production plant is treated as a standard chemical manufacturing facility. Hence, hydrogen production is not subject to any specific legislation, and it is treated the same as any other inorganic gas producing facility.
Localised hydrogen production and storage is also governed by the European Commission the same as other forms of hydrogen production. As hydrogen is an industrial gas, hydrogen synthesis and storage are considered a chemical processes with emissions. When hydrogen is produced through electrolysis, downstream emissions are negligible (upstream emissions are only negligible in the case of renewable energy). However, production of hydrogen by electrolysis is not distinguished from other means of producing hydrogen (Delpierre et al., 2021[64]).117
This makes the administrative activity of building Hydrogen Refuelling Stations with localised hydrogen production unnecessarily complex. As a result, permitting obstacles for simplified processes (as opposed to “uitgebreide” processes118 in Dutch), zoning, and permitting requirements arise.
There is no legal or administrative distinction in the Netherlands between localised and centralised hydrogen production (HyLAW, 2019[61]). As a result, applying for the “extended WABO procedure” is always required. Developers’ costs rise as a result.
Hydrogen production permitting requirements are subject to:
Risk assessments (Brzo 2015)
Health and safety requirements (ATEX)
Integrated environmental obligations (IED)
Environmental impact assessment procedures (SEA and EIA)
Because of the aforementioned requirements, small production units are just as difficult to build as large ones. This substantially inhibits the development of localised production units, such as Hydrogen Refuelling Stations that produce hydrogen on-site. As a result of this complexity, requests are processed and interpreted in a non-uniform manner. The key conclusion about the barriers to hydrogen production is that small-scale (localised) hydrogen production is legally equivalent to large-scale (centralised) hydrogen production.
Scenario 2 – Transport pipelines
Since the 80s, hydrogen pipelines (hundreds of km) have been used in and between industrial clusters as chemical product. The Bevb (Pipelines External Safety Decree) and NEN 3650 Technical Standard for transport pipelines apply.
The law for natural gas (Gas Law) in the Netherlands itself does not yet provide for the possibility to inject, transport, or distribute high amount of hydrogen through the natural gas infrastructure (HyLAW, 2019[61]). A number of studies have been conducted in order to investigate if the methane network can technically and safety wise be used to transport hydrogen, and this has been confirmed and concluded. In addition, many projects, pilot-projects and initiatives have been developed or are in the process of being constructed and developed. A few examples are listed below:
The Yara-Dow H2 pipeline, which became operational in 2018 and is the first natural gas pipeline converted to hydrogen pipeline in the Netherlands. This is a retrofit of a former natural gas pipeline, linking the hydrogen industry;
There are three “Hydrogen Valleys” designated by EU in the Netherlands (the Europe's Hydrogen Hub: H2 Proposition Zuid-Holland/Rotterdam, the HEAVENN in province of Groningen and Hydrogen Delta a Dutch-Belgium crossboarder industrial cluster), i.e. a geographical area hosting an entire hydrogen value chain, from production to distribution and from storage to local end-use. These “Hydrogen Valleys” have applications in industry, mobility and the built environment;
The mobility market is being developed in the northern part of the country with hydrogen refuelling stations and several hydrogen buses already in operation;
Gasunie is developing the National high pressure hydrogen grid;
Gasunie is developing a terminal for the import of green ammonia, including storage and loading facilities and a connection to the so-called (Dutch) Hydrogen Backbone;
In the World’s first practical test (pilot) in Lochem, 12 monumental homes in the Berkeloord district are supplied and heated with hydrogen via the existing natural gas network.
Green hydrogen has been planned to be produced offshore on an operational platform and transported to shore via existing former natural gas pipelines.
The Dutch government has recognised that a solid regulatory framework is key to the development of the hydrogen economy. The Minister of Economic Affairs and Climate Policy stated that one of the main policy issues will be the transition of the natural gas infrastructure from natural to green gas and low carbon hydrogen. The policy agenda will include studies looking into the role of the national gas infrastructure company Gasunie in the hydrogen chain. No specific legislation has been adopted for hydrogen which means that the existing laws on regulation of gas, and those applying to the energy, transport, and heating sectors, apply in the context of hydrogen projects (Jonk, Rietvelt and Schapink, 2021[65]).119
Scenarios 3 and 4 – Road transport and mobility and partially confined space: tunnels
Hydrogen transport via road (in the form of gas tanks, metallic cylinders and composite vessels – in gas, liquid or solid phase) is critical for the development of hydrogen energy infrastructure, such as transporting hydrogen to hydrogen refuelling stations or hydrogen for industrial use (e.g., the glass industry).
The regulations for moving hydrogen are transparent and uniform (ISO, 2021[66]):120
In the Netherlands the relevant authorities refer to the ISO standards for technical and safety requirements of cylinders and tubes, and to other Dutch standards by the Dutch standardisation Institute (NEN).
TheADR (UNECE, n.d.[67])121 regulates the international transportation classified goods. This also holds for hydrogen in cylinders, tubes, trailers, and tank vehicles. The ADR defines hydrogen as category B/D, which indicates that transporting such goods through tunnels classified as B, C, D, or E is prohibited (Honselaar, Pasaoglu and Martens, 2018[68]). This can easily be understood since these are all tunnels below water level. Hydrogen road transport follows the obligatory Hazmat routing in order to avoid water tunnels, resembling other classified goods.
The concerns surrounding the distribution of hydrogen include the legal status of hydrogen as a fuel and the procedures for certification of hydrogen fuel.
The wayRED II (European Commission, n.d.[69]) is implemented in the Netherlands is critical for safeguarding national interests in how “green” is defined. TheCertifHy project (Clean Hydrogen Partnership, n.d.[70]) provides the necessary building blocks for this transposition (Konda, Shah and Brandon, 2011[71]). When operating a filling station, determining the quality of hydrogen is still a problem. These are issues since sampling and quality assessment are complicated and not yet possible (to carry out widely) on site.
Legislation applicable:
PGS35 (PGS 35, 2021[62]);
Decree Alternative Fuels Infrastructure (Government of the Netherlands, 2017-2021[72]);
Transport on hazardous substances (Annex 2 article 3 Wet Vervoer gevaarlijke stoffen (Annex 2 article 3) (Government of the Netherlands, 2015-2023[73]);
Law on transport of dangerous goods (Government of the Netherlands, 2015-2023[73]).
The Transport of Hazardous Goods Act is the umbrella legislation concerning the transport of dangerous goods (HyLAW, 2019[61]). The Environmental Management Act and the Wet Safety Regions also concern road planning. Decree on external safety of transport routes falls under multiple laws such as the Transport of Hazardous Substances Act, Environmental Management Act, Safety Regions Act, General Environmental Law Act, and Spatial Planning Act.
In the Netherlands, the usage of hydrogen as propulsion for person cars, buses and trucks is unrestricted, this often raises a sense of uncertainty among those who are new in the field. Furthermore, for emergency services, FCEVs are now not distinguished from other vehicles. In the Netherlands, there is a general absence of regulations, codes, and standards in the sector of vehicle mobility122 inside confined spaces, such as parking and tunnel regulations. This could lead to concerns about safety.
Transportation possibilities by boats and trains seem unclear in terms of technical development, safety concerns and desirability from relevant authorities. For instance, the railway tracks run through the highly populated main cities of the Netherlands where the relevant authorities, heads of municipalities, are concerned about the safety, in part due to the lack of information about this new energy source, relevant preventive measures and responsive actions in the case of an accident.
Scenario 5 – Mobility and partially confined spaces: refuelling stations
For hydrogen refuelling stations in the Netherlands a quantitative risk assessment is used for permitting. The rules governing the operation of HRS are present in the Dutch PGS35 guidelines. This directive is for the occupationally safe, environmentally safe and fire-safe application of installations for the delivery of hydrogen to vehicles and equipment. The PGS35 applies to hydrogen delivery installations on land, including the associated and/or necessary auxiliary equipment, with a maximum delivery pressure of 350 bar or 700 bar of gaseous hydrogen for road vehicles with European type approval.
In 2015, a new set-up of the PGS guidelines was started: the PGS New Style. A PGS New Style means that measures have been established with a risk approach. This means that an analysis has been made of the risks associated with activities involving the hazardous substance. The situations in which things can go wrong and lead to undesired, dangerous consequences are described in scenarios. Targets have been formulated for these scenarios aimed at managing the risks. At mobile and movable filling stations, the hydrogen supply consists of hydrogen bundles. These are several interconnected gas cylinders with hydrogen with a water volume of 50 l and a pressure of 200 bar. The risk is always a combination of the severity of the consequences (effect) of an (unwanted) event and the probability (chance) of the event occurring: risk = probability × effect. The probability is indicated with the numbers 1 for small chance to 5 for the greatest chance. The effect is indicated by the letters A for small effect through E for the largest effect. Low-risk scenarios are not included in the PGS guideline. The medium to high-risk scenarios is described in this PGS guideline.
Scenario 6 – Domestic use
For (the injection of) hydrogen to be used through the gas grid, technical improvements as well as changes in legislation, codes, and standards for the gas value chain are required to comply with the Paris 2015 Agreement. The Dutch high pressure gas grid is technically capable of distributing (pure) hydrogen, according to studies from prominent research institutions, but currently the natural gas law in the Netherlands does not yet provide for the possibility to inject, transport, or distribute a sizable amount of hydrogen through the Dutch natural gas grid (HyLAW, 2019[61]). Hydrogen can be transported, though, through newly-constructed pipelines under the Pipeline Decree (for above 16 bar) and below 16 bar for utility and distribution systems under the spatial planning law. Some consider that making an underground pipeline for hydrogen requires different materials, especially for certain elements, such as connections between pipelines and valves, as hydrogen is very light.
Norway
Much like other European nations, Norway relies on existing regulations related to high pressure gases, hazardous, and flammable substances to regulate its hydrogen industry. Depending on the intended application, some simplification processes are already present in the regulatory system. In addition to this, with most of the licensing and permitting functions lying with the municipalities (and in exceptional cases the Norwegian Directorate for Civil Protection, DSB), the regulatory process is relatively simpler because of better coordination facilitated by the municipality. The discretion of engaging other authorities and the task of coordination with other departments such as fire safety, occupational safety etc. lies with the municipality.
General legal framework for hydrogen
In Norway, it is generally recognised that costs for operators and regulators involved in hydrogen projects could be prohibitive if the goal was to prevent all incidents and accidents. Therefore, there is an acceptance of a limited residual risk (e.g. fatality risk outside the property of a facility may be up to 10-5/year).
Thus, even if the operator has done everything right, accidents may happen. If a severe accident happens it will therefore be important for the operator to ensure that the risk documentation of the facility is of good quality confirming that the risk is well understood, and that the site has operated according to the procedures and standards described in the risk reports and internal governing documents, permits etc.
If there are significant weaknesses in the documentation that may indicate that the site risk was not properly understood, or procedures and requirements not followed, the operator or those responsible may risk fines, or at worst, face criminal prosecution for negligence.
Authorities and institutions in charge of regulating hydrogen
For most land facilities handling dangerous substances in Norway, the DSB is the regulator. All permits and necessary assessments for opening and operating hydrogen facilities are the responsibility of the concerned municipality.
When the expected production or storage is above the prescribed limit, additional permissions in the form of notification need to be obtained from the DSB. Information about regulations and guidance around the use, handling, storage, and transportation of dangerous goods (including hydrogen) have been summarised below.
Existing regulation for the six scenarios
Table 10.23. List of Norwegian regulations reviewed
Scenario 1 – Production
Centralised production of hydrogen needs a land use plan and a corresponding land use permit, both of which are the responsibility of the municipality. Hydrogen production facilities are treated in the same way as facilities which manufacture flammable substances.
The permit for building a hydrogen facility is governed by the Norwegian Planning and Building Act (Government of Norway, 2008[74])123 and is granted by the competent municipal authority.
The Municipality may also enlist the services of other departments such as fire safety, occupational safety etc. Once the building is constructed, an operations permit is granted for actual production to start. This too is granted by the municipality. The permit is granted in less than a year with statutorily fixed maximum response times.
For facilities handling dangerous substances a risk assessment will be required to document risk contours for land-planning purposes.124 An example of risk-based assessment for hydrogen production-land use plan can be found in Figure 10.2.
Areas with annual individual fatality risk higher than 1x10-5 would be defined as an inner zone to be controlled by the company for land planning purposes. This area should normally be kept within the property limits and fenced to prevent unauthorised access.
Beyond the inner zone a middle zone with annual fatality risk higher than 1x10-6 should be defined, within which e.g., no private homes, shops or hotels would be accepted. Public roads and industry/offices will however be acceptable.
Outside the middle zone an outer zone with individual fatality risk above 1x10-7 should be defined, here private homes, shops and smaller guest houses will be accepted. Particularly vulnerable objects (kindergartens, schools, hospitals, larger arenas, shopping malls and hotels etc.) should be outside this outer zone. In addition to the individual risk criteria the ALARP (As Low as Reasonably Practicable) principle also applies, i.e. that the risk shall be reduced to the lowest level that with reasonable effort can be achieved.
Figure 10.2. Illustration of tolerable fatality risk for various zones
All three steps related to land use, building and operation permit are handled by a single authority and therefore there is less need for coordination or risk of duplicity of processes. The required environment impact assessment, risk and safety assessment are integrated within these three steps, and it is the municipalities who have to coordinate with other agencies if they so require. However, the permit system is handled by individual municipalities and there is a likelihood of different interpretation of requirements. This is because each municipality has the freedom to enlist the services of other departments. Secondly, each municipality has its own infrastructure and resource constraints. This could mean different standards of documentation and assessments especially when the facility is located in a densely crowded area.
For tank storage up to 5 t, details on tank placements, operational activities, and information about the tanks being used for storage and about the pipeline system need to be provided to the municipality. When a plant stores more than 5 t of hydrogen, the Major Accidents Regulation applies and a special consent from DSB is needed. Small volumes of hydrogen up to 55 litres may be stored in private homes and up to 10 litres may be stored in garden and boat houses and garages.
The ATEX (European Commission, n.d.[75])125 regulation and national guidelines on production and treatment of flammable, reactive and pressurised substances require a zone map to be prepared. Depending on the risk assessment, restrictions on the use of adjacent spaces- such as construction of schools, hospitals, kindergartens, may be imposed. The National Guideline also elaborates on preventive safety requirements such as ventilation. There is also an obligation to exchange information on emergency plans with neighbouring enterprises.
For localised production all the requirements and permits as for centralised production are applicable. However, if a localised production unit produces under 100 kg of hydrogen in a year, they are exempted from declaration/ notification of the activity.
Scenario 2 – Transport pipelines
Possibilities for mixing hydrogen into natural gas, to use pipeline networks intended for natural gas transportation, are being looked at. This will make it possible to use the huge European natural gas network to store and transport hydrogen. Transportation of hydrogen through road is governed by the Norwegian Public Roads Administration which is a national authority through its national regulation (Government of Norway, 2009[76]).126 However, there is no evidence of earmarked routes for hydrogen transport. The restrictions related to tunnel transport are the same as those applicable for Germany (see Section 1.4.) and are governed by ADR.127
Scenario 3 and 4 – Road transport and mobility and partially confined spaces: tunnels
Currently, cars, buses, motorcycles, bikes, and quadricycles powered by hydrogen are not subject to any additional burdens as opposed to conventional vehicles. For instance, hydrogen powered cars and bikes can be driven inside a tunnel without restrictions. The same is true for parking in underground and closed parking spaces, transportation inside ferries etc. While all such vehicles are classified as hydrogen internal combustion vehicles and FCV, the approval process remains the same as those applicable for conventional fuel vehicles. However, specific test requirements as specified under Regulation (EU) No. 134/2014 exist.
The approval of cars, buses, trucks etc. is carried out by the Directorate of Public Roads. The specific approval of individual vehicles is carried out by the Norwegian Public Roads Administration through its local traffic offices or registered car dealers.
The DSB has also issued a document for practical applicability of hydrogen road transport.128 For example, one tunnel, the Hvaler tunnel, is closed each time a hydrogen transport vehicle has to pass through. However, it must be noted that the Hvaler tunnel is subsea and runs 3.7 kms long. There are no restrictions on transport over bridges.
Scenario 5 – Mobility and partially confined spaces: refuelling stations
The individual municipalities are responsible for issuing permits related to land use, building and operation of refuelling stations. The DSB has to be notified before the development of the project. In case the HRS is designed to store more than 400 litres of hydrogen, a special permission from DSB is needed.
Environmental impact assessments are integrated in the permit system and the Pollution Prevention Act places an obligation to inform the municipality of subsurface fuel tanks. The applicable regulation is the Norwegian Planning and Building Act. The local fire department and the Norwegian Public Roads department may also assist the municipality in the permit issuance process.
The operator/applicant must document that they have the necessary competence. It is also necessary to provide a map, spatial plan, documentation on spatial limitations, drawings, description, specifications, procedures, risk assessment, mounting instructions, control arrangements, area classification, explosion prevention document, etc.
The local neighbourhood needs to be informed of the installation of a refuelling station. In addition to this, special requirements can be added related to noise and danger zones, agricultural, and reindeer herding protection. There are no limitations to the areas where HRS facilities can be installed even when there is an onsite production facility.
However, the application process is scrutinised more carefully when the perceived risk is higher. A risk assessment shall include systematic mapping of hazards and unwanted events. The level of detail depends on the individual fuel station, its size, complexity, and the neighbouring conditions. Safety distance depends on the tank size. HRS facilities are regulated much the same way as LNG and LPG facilities.
For operation permit, it is necessary to document operator competence, and control/inspection before and during installation. Final control is to be carried out by an independent inspector and is required for the final documentation. This shall include the final inspection report, land disposal plan, any spatial restrictions, and any special requirements to be included in the final operation permit. This documentation will, finally, be submitted to the municipal plan and building authority, which may provide a final or temporary/conditional permit to operate the HRS.
Tankers carrying hydrogen for refilling HRS should have enough space to drive away unhindered and without the need for additional manoeuvres in case of emergencies. The safety distance from traffic and buildings is a minimum of 5 metres for permanent stations and minimum of 12 metres for mobile stations.
Scenario 6 – Domestic use
Current regulations do not support hydrogen for domestic use.
The Republic of Korea
According to Korea's Hydrogen Economy Roadmap (Korean Ministry of Trade, 2019[77]),129 the main focus of the hydrogen agenda is the transportation and electricity sectors, which is in line with the country's competitiveness in FCEVs and stationary fuel cells. Thus, the Hydrogen Law adopted to ensure the Roadmap’s implementation (one of the first H2 dedicated laws in the world) provides for licensing and a certification framework as well as safety arrangements with respect to manufacturing hydrogen products (fuel cells production). At the same time, the Korean Green New Deal and the Hydrogen Law support the development of other H2 innovative technologies as well as H2 utilisation.
General legal framework for hydrogen
Korean hydrogen law designated the Korea Standards Association (KSA) as the central organisation to certify fuel cell and other hydrogen final products technologies. However, the certification of the hydrogen production technologies still remains with the Korea Gas Safety Corporation (KGS) which is the central government authority that tests and certifies high-pressure gas equipment. Currently there is no specific law that regulates the certification of hydrogen production and handling equipment such as SMRs and compressors, storage tanks, etc. Instead, the ‘High-pressure Gas Safety Law (HPGSA)’ is temporarily applied for the certification of this equipment. KGS and MOTIE are currently working on the Hydrogen Safety Act which is expected to be announced soon. According to the HPGSL, all hydrogen-related equipment rated at over 10 bar design pressure is considered high-pressure gas equipment and will need to be certified by KGS. On the other hand, equipment below 10 bar design pressure is considered low-pressure gas equipment. The Korea Occupational Safety and Health Agency (KOSHA) regulates low-pressure gas equipment and fuel cell certification.
The Republic of Korea’s legislation for the purposes of this document130 stems from two areas:
Korea’s strategic plans for hydrogen economy transfer, laid out in Korea's Hydrogen Economy Roadmap and reflected in the Hydrogen Economy Promotion and Hydrogen Safety Act (HEPHSA) (Republic of Korea, 2020[78])131 where among investment and other hydrogen economy stimulation matters, legal basis for the establishment of safety management tools like hydrogen-related business permits, manufacturing facilities and product inspections as well as completion/ maintenance inspections of hydrogen-powered facilities are laid out. Such measures are augmented by appropriate penalties as well as mandatory insurance coverage.
And high-pressure gasses safety 4-layers legislation: (1) High Pressure Gas Safety Control Act (HPGSCA) (Republic of Korea, n.d.[79])132 (scope, terms, definitions), (2) High Pressure Gas Safety Control Act Enforcement Decree (Republic of Korea, n.d.[80])133 (defining approval procedures), (3) High Pressure Gas Safety Control Act Enforcement Rule (establishment and revision of standards), (4) and detailed technical standards, KGS Codes.
Manufacturing permits and licenses for hydrogen products such as hydrogen production facilities, mobile fuel cells, and fixed fuel cells which are required under the HEPHSA refer to the safety inspections and pre-registration technical opinion of the KGSC, which conducts a technical review and issues a manufacturing licence to domestic hydrogen product manufacturers. The KGSC conducts a technical review and a factory inspection, and then the MOTIE registers the company to manufacture hydrogen products.
No KGS Code, which provide for more specific information on safety measures, is available in the public domain. KGS Codes need to be purchased from Korea Gas Safety Corporation according to the relevance to the subject of interest, including hydrogen.
Authorities and institutions in charge of regulating hydrogen
Coordination of efforts of responsible ministries and local governments as well as overseeing issues related to industry promotion, distribution, and safety is performed by the “Hydrogen Economy Committee,” chaired by the Prime Minister.
National level. (Ministry of Trade Industry and Energy, n.d.[81])134 (MOTIE) is the main executor of the Republic’s H2 Agenda supported by other ministries according to the sector (Ministry of Land, Infrastructure and Transport, Ministry of Environment, etc.).
Subordinate level. ((n.a.), n.d.[82]) (KGSC),135 a government testing, inspection, education, and research organisation that is under the control of the MOTIE. KGSC supports integrated solutions for hydrogen safety management including hydrogen safety policies, safety management for hydrogen vehicles, and hydrogen safety training and public relations.
KGSC offers a variety of safety management services including risk management, system management and integrity management. The organisation also assists with manufacture registration, explosive-proof equipment certification, gas product certification and system certification. KGSC seeks to achieve the lowest level of gas accident indicator and implement comprehensive hydrogen safety management measures by 2025.
Existing regulation for the six scenarios
Table 10.24. Lists Korean regulations reviewed
1. Code for Facilities, Technology, and Inspection for Fuel Vehicles Refuelling by Type of On-Site Hydrogen Production (KGS FP216 2021) and Code for Facilities, Technology and Inspection for Vehicles Refuelling by Type of Compressed Hydrogen Delivery (KGS FP217 2021).
Scenario 1 – Production
The Hydrogen Plan acknowledges that production of hydrogen by electrolysers is not developed in the country yet.136 However, HEPHSA provides for a range of general terms with regards to hydrogen equipment with enough space to let electrolysers in in the future. HPGSCA also gives general terms, and the electrolyser could fall under the “specified equipment” term.
In any case, production as well as storage of the hydrogen requires going through the permitting procedures prior to the construction and operation of installations and then monitoring during the operation by KGSC. In addition to permitting and licensing, all hydrogen involved producers shall provide for hydrogen safety training and shall have a dedicated Safety Manager on site.
All technical requirements with respect to installation, including layout standard (distances from significant objects), foundation standard, storage facility standards (materials of storage facilities, construction, installation), piping facilities (materials of piping facilities, thickness of piping facilities, etc.), accident prevention facility standards, damage control facilities are provided in KGS Codes (Korea Gas Safety, 2020[83]), (Korea Gas Safety, 2020[84]).
Safety distances
KGS Codes (Korea Gas Safety, 2020[83]), (Korea Gas Safety, 2020[84]) established that the distance from the external surface of a processing facility or storage facility of high-pressure gas to a protected installation (exclusive of protected installations in the business place and in industrial complexes) shall not be less than as specified in Table 10.25 and Table 10.26.
Table 10.25. Classes of protected installations
Note: Definition of protected installations according to para 1.3.17 of KGS FP216 2021.
Table 10.26. Safety distances from protected installations
1. Daily processing capacity or storage capacity is m3 for compressed gas and kg for liquefied gas, according to KGS FP216 2021.
Also, there are some safety guidelines on storage of hydrogen in Korea Occupational Safety and Health Agency Technical guidelines for the safety of hydrogen storage facilities D27-2021:137
The material of storage containers and piping handling hydrogen must be at least killed steel (Killed carbon) (Nesbitt, 2007[85])138 Use of killed steel exceeding 50 mm in thickness or low-alloy steel exceeding 38 mm in thickness. Cast iron-based materials should not be used for storage containers and piping.
Hydrogen storage facilities should be installed in the location priority, in the following order:
Outdoor installation
The outdoor area is surrounded by a roof and up to two walls to protect the facility from rain and snow. The structure of these walls should be explosion-proof walls such as concrete, and the roof should be made of non-combustible materials.
Installation in an independent building with ventilation requirements:
The exhaust opening of the ventilation system is to be installed at a high position on the roof or exterior wall; the air intake opening of the ventilation system should be installed on the outer wall but at the floor level; the area of the air intake and exhaust openings shall be 0.1 m2 per 30 m3 of the indoor volume; the air discharged from the discharge opening is discharged to a safe area in the atmosphere.
Installed in a special room in the building (capacity of storage container is allowed up to 425 m3)
Installed in a mixture with other facilities in a general building, not a special room (only storage containers with a capacity of 85 m3 or less are allowed)
Regarding the safety distance, the following applies:
The safety distance from outdoor hydrogen storage facilities according to exposure targets and types should follow based on the capacity of the storage container.
When a hydrogen storage facility with a capacity of less than 85 m3 is exposed to other facilities and installed in the same building as other facilities, the following safety measures shall be taken:
Installing a ventilation system;
Maintaining a safe distance of 6 m from flammable liquids and oxidizing substances;
Maintaining a safe distance of 15 m from other combustible gas storage;
Maintaining a safe distance of 15 m from the air intake opening of the air compressor and cooling or ventilation equipment, and
Providing facilities for preventing falling objects.
If two or more hydrogen storage facilities with a capacity of 85 m3 or less are exposed to other facilities and installed in the same building at the same time, in addition to the safety measures in paragraph (2), a safe distance of 15 m between each hydrogen storage facility should be maintained.
Scenario 2 – Transport pipelines
According to the Hydrogen Economy Roadmap, the pipeline as a major transportation means for hydrogen is to be considered in the future. As many articles on the Korean energy system reveal, there is not currently a well-developed pipeline system in general. However, as transportation of hydrogen is regulated by the High-Pressure Gas Safety Control Act, which requires transportation of dangerous gases, including hydrogen, through tube trailers and specialised pipes, the tubes of such trailers and pipes shall be subject to HEPHSA and HPGSCA as well as consequent safety KGS codes.
Scenario 3 – Road transport
According to the Hydrogen Economy Roadmap, the Republic of Korea focuses on utilisation growth of carbon free fuel cell transport including cars/taxes, trucks, trains, ships, with specific numerical targets for years 2030 and 2040. Article 36 of HEPHSA establishes that companies willing to produce hydrogen fuel cells or hydrogen related components must receive approval from the local district authority. There is also a stretch to foreign companies - exporters of hydrogen fuel cell related components (including Korean companies based abroad), which shall register their business with the Ministry of Energy, pursuant to Article 38 of HEPHSA. Thus, safety requirements shall also stem from HPGSCA and consequent safety KGS codes, where relevant.
Scenario 4 – Mobility and partially confined space: tunnels
There is no specific restriction on hydrogen fuel cell vehicles to enter tunnels or other confined places however, as hydrogen fuel cell production is under HEPHSA umbrella thus standards provided in KGSC Code will apply. Also, it should be mentioned that, there is a definite interest from the Republic of Korea academia with respect to this subject (Ryu and Lee, 2021[86]).139
Scenario 5 – Mobility and partially confined space: refuelling stations
According to the government's Hydrogen Economy Roadmap announced in 2019, the Republic of Korea plans to install 1.2 thousand hydrogen refuelling stations and produce 6.2 million fuel cell electric vehicles (FCEVs) by 2040. As was mentioned above, cell production as well fuel stations establishment are regulated by state: production cannot be launched without permits and technical compliance whereas fuelling stations can be located only in the places prescribed by The Minister of Trade, Industry and Energy which gives the operator request and receives back an installation plan (the Hydrogen Law).
Also, in addition to safety distances mentioned in the Scenario 1 KGS Codes (Korea Gas Safety, 2020[83]), (Korea Gas Safety, 2020[84])140 provide for distances from one high-pressure gas facility to another high-pressure gas facility’s external surface to be:
not less than 5 m to a high-pressure gas facility in another combustible gas manufacturing installation.
not less than 10 m to a high-pressure gas facility in an oxygen manufacturing installation.
A storage facility, processing facility, compressed gas facility or filling facility shall maintain a safety distance not less than 10 m from its external surface to the business place boundary (the boundary of the depot if the business place is installed in a bus depot, or the opposite end if the business place boundary borders on a sea, lake, river, road, etc.). However, in case a protection wall is installed around the processing facility or compressed gas facility, a safety distance not less than 5 m may be maintained.
A filling facility shall maintain a distance not less than 5m to the boundary of a road in conformity to the Road Act.
A storage facility, processing facility, compressed gas facility or filling facility shall maintain a distance not less than 30 m from a railroad.
Performance of gas facilities
Safety of gas facilities’ performance is evaluated for its pressure-proof and gas tightness according to standards, provided by KGS Codes FP216 2021, para 2.4.5:
Piping, tubes, hoses, piping systems, etc. shall undergo gas tightness test at a pressure not less than the normal pressure after their installation and there shall not be any abnormality for them to be able to safely transport high pressure gas.
High-pressure gas facilities (exclusive of gas cylinders) shall undergo pressure-proof test at a pressure not less than 1.5 times (1.25 times for the case in which it is difficult to perform pressure-proof test with water and the pressure proof test is performed with a gas such as air or nitrogen) the normal pressure and be free of any abnormality.
High-pressure gas facilities subject to super-high-pressure (the normal pressure of high-pressure gas facilities of which metal part temperature under pressure is -50 ℃ to 350 ℃ inclusive is not less than 98 MPa) and super-high-pressure piping may be tested at a pressure not less than 1.25 times the normal pressure (1.1 times the normal pressure with a gas such as air in case the operating pressure can be sufficiently controlled).
In the case of the piping of which fluid is high-pressure gas containing hydrogen, the piping shall conform to American Petroleum Institute (API), Recommended Practice 941 to prevent hydrogen attack in its high-temperature operating conditions.
Accident prevention
Standards for accident prevention are provided in para 2.6 of KGS Code FP216 2021 and para 2.6 of KGS Code FP217 2021, where the following measures are provided for:
Installation of overpressure safety devices
Overpressure safety devices shall be installed to immediately return the gas pressure to the normal or under when the pressure in a storage facility, processing facility or compressed gas facility exceeds its normal pressure.
Selection of overpressure safety devices
Safety valves to be installed to prevent the pressure rise of gas or vapor;
Rupture discs to be installed when installation of safety valves is not appropriate due to abrupt pressure rise, leakage of toxic gas, corrosiveness of fluid or properties of reaction products;
Relief valves or safety valves to be installed to prevent the pressure rise of liquid in pumps and piping, and
Automatic pressure controllers (devices which control pressure in high-pressure gas facilities by a method which reduces the amount of gas inflow into the high-pressure gas facilities when their internal pressure exceeds their normal pressure) which can be installed in parallel with safety devices.
Installation locations of overpressure safety devices
Pressure vessels, etc. of which pressure rise may exceed the design pressure due to internal and external factors;
Discharge side of compressors (each stage in the case of multistage compressors) or pumps of which pressure rise may exceed their normal pressure due to their closed discharge side;
Piping in which liquid is shut off by two or more valves and which is in danger of being ruptured due to the thermal expansion of the liquid being heated by an external heating source;
High-pressure facilities or piping of which pressure rise may exceed the design pressure due to failure in pressure control, abnormal reaction, or closed valves in addition to (1) through (3) above;
The final stage of a compressor or parts directly subject to the pressure when the pressure exceeds the normal pressure in other gas facilities.
Installation of detection and alarm systems
Gas leak detection and alarm systems shall be installed for filling installations as follows:
A detection and alarm system shall detect leaked gas, activate the alarm, automatically shut off the gas passage and have the following functions:
The alarm shall be automatically activated at a present gas leak in response to the electric signals of the detection elements of contact combustion type sensors, diaphragm galvanic cell sensors, semiconductor sensors or sensors of other types. In this case, detection and alarm systems for combustible gas shall not be activated by cigarette smoke and those for toxic gas not by miscellaneous gases such as cigarette smoke, machinery washing oil gas, kerosene gas, exhaust gas and hydrocarbon gas.
The alarm concentration shall not be over 1/4 of the lower explosion limit (LEL) depending on the installation location and ambient temperature. The accuracy tolerance of the detection and alarm system shall not be over ±25% of the alarm concentration set value.
The time to be taken from detection to transmission shall not be normally over 30 seconds at a concentration equal to 1.6 times the alarm concentration.
The alarm accuracy of a detection and alarm system shall not be degraded even when the voltage fluctuation of the power is ±10 %.
The scale of the indicator for combustible gas shall clearly indicate 0 to the LEL. In principle, the detection and alarm system shall continue to sound the alarm even if gas concentration in the atmosphere is changed after the transmission of alarm, and the alarm shall be stopped only when it has been checked or the measures have been taken.
Installation of emergency shutoff devices
Filling installations shall be provided with emergency shutoff devices141 near filling facilities and in the places distanced by 5 m or more from the filling facilities in accordance with the following standard to effectively shut off gas leakage in emergency cases (Korea Gas Safety, 2020[84]):
A manual emergency shutoff device shall be installed near a filling facility or at a place distanced not less than 5 m from the filling facility. When this device is operated, supply of power and gas to the compressor, pump and filling facility shall be automatically cut off.
In case the emergency shutoff device is operated, or power supply is cut off, the compressor and pump shall be stopped. In this case, only when the compressor and pump are manually operated, they shall be operable.
An automatic valve which can cut off gas supply to the compressor in one of the following cases shall be installed upstream of the compressor:
The emergency shutoff device is operated;
The power supply device is out of order;
The power being supplied to the compressor is cut off, or
The pressure at the suction of the compressor is dropped to below the set pressure.
A valve which automatically shuts off in one of the following cases shall be installed in the piping between a compressed gas facility and a filling facility:
The power for the filling facility is cut off, or
The emergency shutoff device of the filling facility is activated.
Shutoff mechanism and function of emergency shutoff device
The operating power source of an emergency shutoff device142 shall be hydraulic power, pneumatic power, or electric power (whichever shall be available with an emergency power source in the case of power failure) or a spring depending on the construction of the shutoff valve. The location from which an emergency shutoff device can be operated shall be a location distanced not less than 5 m from the external surface of the relevant storage tank (outside the tank dike if such a dike is installed) and a location safe from massive efflux of liquefied gas. In addition, the location shall be a location from which the relevant shutoff operation can be swiftly carried out depending on the surrounding circumstances (Korea Gas Safety, 2020[84]).
The shutoff mechanism shall be able to shut off the fluid in a simply, firm and swift way.
In case a manufacturer manufactures an emergency shutoff device, or a repairman repairs it, the emergency shutoff device shall undergo the leak test of the valve seat by hydrostatic test in accordance with the standard stipulated in KS B 2304 (General Rules for Inspection of Valves), and the valve seat shall not leak. However, in case the leak test is performed with pneumatic pressure such as air pressure or nitrogen pressure, the leak rate shall not exceed 50 mL×[nominal diameter (mm)/25 mm] (330 ml if 330 mm is exceeded) per minute at a differential pressure of 0.5 MPa to 0.6 MPa.
Indication of opened or closed state of emergency shutoff device
In case a signal lamp, which indicates the opened or closed state of an emergency shutoff device, is to be installed, the installation location shall be the instrument room related to the send-out or transfer operation of the storage tank or a similar location.
Scenario 6 – Domestic use
Hydrogen Economy Roadmap mentioned plans for hydrogen fuel cells to be used for residential purposes. Therefore, all requirements including permitting and technical regulation which applies to fuel cells as well as their refuelling indirectly apply here too. Also, the Korean Ministry of Land, Infrastructure and Transport (MOLIT) announced on December 30, 2019 three cities – Ansan, Ulsan and Jeonju/Wanj – as hosts for hydrogen pilot projects (Yoon, 2019[87]).143There are no specific regulations for the use of hydrogen in residential buildings, however, real-time safety management approach is mentioned in the news on numerous occasions (Yoon, 2019[87]).144
United Kingdom (England)
England does not have a well-defined legislative framework for hydrogen nor specific policies or regulatory regimes to support hydrogen safety related issues. While the Hydrogen Strategy, published in August 2021, outlines a roadmap of key archetypes and milestones that the government expects to see in terms of the production and use of hydrogen across the 2020s, it suggests that an initial network regulatory framework is not expected to be in place until 2025 at the earliest. Until then, existing rules and regulations are being applied.
This case study is focusing on England. Similar but varied terms apply in Scotland, Northern Ireland, and Wales. The variations between the devolved parts of the United Kingdom are not included in this research.
General legal framework for hydrogen
Hydrogen is expected to have a substantial role in the decarbonised UK energy system over the coming decades. Total UK consumption of hydrogen is anticipated to increase from 0.7 million tonnes (Mt) in 2020 to between 3-19 Mt by 2050 (Dodds et al., 2020[88]).145
The importance of hydrogen to the UK’s future energy system and industry is reflected in government policy. In November 2020, the UK government published its Ten Point Plan for a Green Industrial Revolution (HM Government, 2020[89]),146 which proposed a target of having 5 GW of low carbon hydrogen production capacity by 2030 (and 1 GW by 2025). Building on this, one month later, the Energy White Paper set out the UK’s strategy for the energy transition over the next decade, which amplified the role that the government predicts for hydrogen to play in its energy mix (HM Government, 2020[90]).147
In the same month, Scotland became the first country in the United Kingdom to publish a hydrogen policy statement, setting out Scotland’s vision for hydrogen and how to maximise its massive potential. Hydrogen was also included in the Industrial Decarbonisation Plan and the Transport Decarbonisation Plan in early 2021.
In August 2021, the future role of hydrogen was consolidated in the long-awaited and first ever UK Hydrogen Strategy, which reinforced prior commitments but also set forth a roadmap for how these commitments are intended to be achieved over the 2020s (Majumder-Russell, Rihoy and Mitchell, 2021[91]).148 According to the Strategy the UK Government aims to have:
An initial network regulatory and legal framework in place between 2025-2027, and
a long-term network regulatory and legal framework in place between 2028-2030.
There is limited legislation that specifically relates to hydrogen. Instead, hydrogen projects must navigate the existing legislative landscape that applies to gasses more generally. Hydrogen is captured under the definition of “gas” in the Gas Act 1986 (the “Gas Act”) and is therefore regulated as part of the gas network (“…any substance in a gaseous state which consists wholly or mainly of- (i) methane, ethane, propane, butane, hydrogen or carbon monoxide; (ii) a mixture of two or more of those gases; or (iii) a combustible mixture of one of more of those gases and air” (Section 48(1) Gas Act 1986))”. Beyond this, hydrogen falls under non-specific regulatory regimes (like transportation, safety regulations, environmental, permitting).
The Gas Act also confers powers on the Gas and Electricity Markets authority, operating through the Office of Gas and Electricity Markets (“Ofgem”). It follows that Ofgem will be the economic regulator in respect of hydrogen for the UK gas market. Anyone engaging in gas supply, gas shipping or gas transportation, or who participates in the operation of gas interconnectors, or provides smart metering in respect of gas must have a licence to do so under the Gas Act.
The licences include measures relating to the safe operation of the gas network and provisions relating to price controls. Licences also contain provisions in relation to the safe operation of gas networks transporting hydrogen.
An entity wishing to transport hydrogen (or carry out another activity regulated by the Gas Act) through gas pipelines may therefore require a licence and as part of this must demonstrate a credible plan to commence licensed activities and permit a risk assessment to be carried out by Ofgem as part of the process for obtaining the licence.
Further, a gas licensee, and consequently a hydrogen licensee, must also comply with various UK-specific industry codes, such as the Uniform Network Code, the Independent Gas Transporter Uniform Network Code, the Supply Point Administration Agreement, and the Retail Energy Code.
Authorities and institutions in charge of regulating hydrogen
There is no specific regulatory body that has full, or most, ownership of hydrogen regulation. Instead, a number of regulators would have responsibilities depending on the activity in question. The list that follows is not exhaustive (see Table 10.27).
Table 10.27. Regulatory bodies in England
Existing regulation for the six scenarios
Hydrogen, like other gases, is regulated from a health and safety perspective. The Health and Safety Executive (“HSE”) requires compliance with the following regulations (Table 10.28):
Table 10.28. List of regulations applied in the England for existing scenarios
Standards
At present, there are no safety standards specifically designed for hydrogen (e.g., general guidance on the safety of hydrogen systems can be found in the International Standard Organisation’s Technical Report ISO/TR 15916:2004 or ISO 22734-1:2008, which covers hydrogen generators using the water electrolysis process for industrial and commercial application etc). The same stands for the implementation of standards directly adopted from industrial standards that are, therefore, not totally suitable (e.g., Safety of Set Back distances which are all based on the use of gases, and often gases other than hydrogen).
Scenario 1 – Production
There are almost no abundant natural sources of pure hydrogen in England, which means that it has to be manufactured. The most common hydrogen production route is using steam methane reformation from natural gas (blue hydrogen). Hydrogen can also be produced through electrolysis (green hydrogen) when the electricity comes from renewable sources.
At present an estimated 10-27 TWh of hydrogen is produced in the United Kingdom, mostly for use in the petrochemical sector. There is currently only a very small amount of electrolytic hydrogen production in the United Kingdom, mostly for use in localised transport projects or trials for different uses of hydrogen, such as blending into the gas grid.
There is no legislation that regulates hydrogen in England. The current hydrogen production is subject to European safety rules.
These include a duty within ATEX and more specifically within the Directive 99/92/EC (also known as ‘ATEX 137’ or the ATEX Workplace Directive’ that refers to minimum requirements for improving the health and safety protection of workers at risk from explosive atmospheres) and the Directive 2014/34/EU (also known as “ATEX 114” or “the ATEX Equipment Directive” that refers to the equipment and protective systems intended for use in explosive atmospheres).149 According to the European Directives, the operator or employer should eliminate and reduce risks from explosive and dangerous substances. The EU Directives have been embedded into the UK legal system, and this has been realised through the Dangerous Substances and Explosive Atmosphere Regulations (DSEAR). Thus, despite UK exit from the European Union ATEX regulations are still valid in UK, since they are already part of UK law.
The operator or employer must classify areas where hazardous explosive atmospheres may occur into zones. The classification given to a particular zone, and its size and location, depends on the likelihood of an explosive atmosphere occurring and its persistence if it does. The operator or employer must have a plan on how to deal with accidents, incidents, and emergencies, and provide sufficient instruction and training. Operations must comply with any environmental permit and planning conditions.
Other typical examples of legislation required for hydrogen production include Environmental Impact Assessments (EIA), the Town and Country Planning Act, the Hazardous Substances Act and COMAH (2015) Regulations. The primary regulators are the Health & Safety Executive (HSE), the Environment Agency and relevant local authorities.
The Planning (Hazardous Substances) Regulations 2015 and/or the Control of Major Accident Hazards Regulations 2015 (“COMAH”) regulate the storage of hydrogen. The Planning (Hazardous Substances) Regulations require that installations storing more than two tonnes of hydrogen require planning consent from the local planning authority.
This is only issued once HSE has reviewed the siting of the facility with respect to neighbouring vulnerable developments such as residential property, schools, hospitals etc. HSE provides three zone maps of the hazard contours around installations which are granted permission.
The local planning authority must use these risk maps when determining whether to allow additional or changed development within the three zones. Depending on the quantities involved. COMAH sets a high bar of requiring operators to take all measures necessary to prevent a major accident and limit consequences for human health and the environment.
The operator must notify HSE of any installation with more than five tonnes of hydrogen. Facilities with more than 50 tonnes must prepare and submit a Safety Report to HSE before the site becomes operational. Operators are required to have in place various strategies, including safety plans, emergency plans and a Major Accident Prevention Policy.
Scenario 2 – Transport pipelines
On the transport side, there is no relevant regulation that specifically addresses hydrogen. Instead, operators must navigate the existing legislative landscape that applies to gases more generally. Pipeline transport is captured under the Pipeline Safety Regulations (1996) (PSR) which concerns pipeline integrity.
These regulations set out requirements in respect of pipeline design, construction, installation, operation, maintenance, and decommissioning. For example, pipelines should be equipped with emergency shut down valves and its design should take account of the need for maintenance access. PSR imposes general duties in relation to all relevant pipelines and additional duties with regard to major accident hazard pipelines (e.g., for the gas transportation and distribution network, major accident hazard pipelines are defined as those operating at pressures in excess of 7 bar).
While PSR is principally concerned with pipeline integrity, Gas Safety Management Regulations (GSMR) deals with the management of the flow of gas through the network. GSMR requires gas conveyors to prepare a safety case and have it submitted and formally accepted by HSE before conveying gas. The framework for assessing the GSMR safety cases within which the HSE assessors exercise professional judgement is provided by the Gas Safety Assessment Manual (SCAM). The manual includes acceptance criteria and document submission details.
Schematically, if a party plans to transport hydrogen through a pipeline, it requires a transporter licence issued by Ofgem under the Gas Act 1986 (or a shipping licence where the hydrogen is transported through another transporter's pipeline network). The party transporting hydrogen must adhere to pipeline requirements for design, safety systems, construction, installation, operation, maintenance, and decommissioning (Pipeline Safety Regulations 1996) as well as to industry codes (such as the Uniform Network Code, Retail Energy Code and Smart Energy Code), which are binding on operators through conditions of licences issued by Ofgem. Finally, it must also co-operate with its local distributor within the National Transmission System.
Piping should preferably be routed above ground; if underground pipe work is unavoidable, it should be adequately protected against corrosion. The position and route of underground piping should be recorded in the technical documentation to facilitate safe maintenance, inspection, or repair. Underground hydrogen pipelines should not be located beneath electrical power lines. Pipeline should be cleaned before being placed into service using a suitable procedure for the type of containment, which provides a level of cleanliness required by the application.
Scenario 3 – Road transport
At present, hydrogen is transported via road using high pressure gaseous tube trailers and cryogenic liquid cargo trailers. The European Agreement concerning the International Carriage of Dangerous Goods by Road (“ADR”) regulates the transport of hydrogen, which is classified as a dangerous good under Annex 5 of the ADR.
The CDG Regulations place general duties on everyone with a role in the carriage of dangerous goods, which includes hydrogen, and specific duties on those in the transport chain, i.e., consignors, carriers, loaders, packers, etc.
These duties cover: classification, packing and tank provisions; consignment procedures including documentation and vehicle marking; construction and testing of packaging, containers, and tanks; carriage, loading, unloading, and handling; vehicle crews, equipment, operation and documentation (including training); and construction and approval of vehicles. Drivers transporting hydrogen must be appropriately trained, and vehicles must meet specifications required for hazardous cargoes.
The Pressure Equipment (Safety) Regulations 2016 apply to the design and manufacture of tanks, cylinders and tubes used to transport hydrogen. Existing standards need to be revised to allow higher vessel capacities, both in terms of volume and pressure.
Scenario 4 – Mobility and partially confined spaces: tunnels
Hydrogen transport is prohibited through ten road tunnels in England based on its classification under the European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR). Other than that, no hydrogen codes, standards or regulations are designed to cover specifically the safety of hydrogen in confined spaces. Thus, existing legislation and general practices are being borrowed to cover that gap. (e.g., when using hydrogen in confined spaces, the employment of a hydrogen detection system for early detection of leaks is essential to facilitate the activation of alarms, safety operations and, where necessary, the safe evacuation of people) (HySafe, 2009[92]).150
Scenario 5 – Mobility and partially confined spaces: refuelling stations
Hydrogen refuelling stations are not specifically targeted nor regulated in England’s national legislation. Until specific national safety rules are developed, general rules were being applied, centralised legislation is being followed and local planning approval is required (e.g., hydrogen storage over 2 tonnes will require consent from the Hazardous Substances Authority in accordance with the Planning Regulations. Storage above 5 tonnes (or less if other dangerous substances are stored on-site such as LPG, gasoline, diesel) will transit within the scope of Control of Major Accidents Hazards (COMAH) Regulations and need specific requirements. Also, according to the Alternative Fuels Infrastructure Regulations 2017, connectors for motor vehicles for the refuelling of gaseous hydrogen must comply with the ISO 17268(c) gaseous hydrogen motor vehicle refuelling connection devices standard (HM Government, 2017[93]).
Scenario 6 – Domestic use
In the absence of hydrogen related rules and regulations the following apply:
Gas Safety (Management) Regulations 1996 – concerns the flow of gas through the network. Pursuant to the GSMR the concentration of hydrogen that can be injected onto the England gas network and consequently be supplied to domestic homes should be no greater than 0.1% molar volume.
Currently, tests are being conducting to increase the hydrogen blend to up to 20%. If successful, the regulations will need to be amended to allow for this richer in hydrogen blends (HSE, 2007[94]).151
Similar restraints apply for all appliances sold after 1993 that must comply with the 1990 Gas Appliance Directive (GAD) 90/396/CCE, which demonstrates that they can operate on a wider range of gas quality than specified in the GSMR and specifies a gas composition of 23% hydrogen.
United States
The United States does not currently have a comprehensive centralised hydrogen regulatory regime. Regulations referring to flammable gases are applicable. What is more, enforcement of codes and standards is extremely decentralised since they vary from jurisdiction to jurisdiction and are difficult to coordinate or synchronise. Some standards are also old and obsolete. DoE and the US industry recognise that there is a lack of appropriate regulations and standards, and that further research and development is necessary to fulfil the US government’s ambitious hydrogen plans. Nevertheless, there are some key U.S. documents for hydrogen safety that provide the necessary fundamental safeguards, most notably NFPA 2, also known as the Hydrogen Technologies Code (2023) and the California Fire Code (2019).
General legal framework for hydrogen
The United States does not currently have a comprehensive centralised hydrogen regulatory regime. Disparate regulations, which mostly generally refer to flammable gases, are scattered throughout the Code of Federal Regulations (CFR). Most of them are part of the Hazardous Materials Regulation (49 CFR, 100-185). Decisions about which standards are most appropriate for government use are left to the discretion of individual entities, including city, county, and state governments and port and tunnel authorities.
Agencies can use externally developed standards in a wide variety of ways, including adoption (by incorporating the standard in an agency’s regulation or by listing or referencing it by title), strong deference, basis for rulemaking, regulatory guides, guidelines (advisory only), deference in lieu of developing a mandatory standard (ISO, n.d.[95]).152
Authorities and institutions in charge of regulating hydrogen
The main institutions responsible for hydrogen safety on a federal level are:
the Occupational Safety and Health Administration (OSHA),
the Department of Transportation (DoT) and its operation administrations, especially the Pipeline and Hazardous Materials Safety Administration (PHMSA).
Existing regulation for the six scenarios
Table 10.29. List of hydrogen standards and regulations in the United States
Scenario 1 – Production
Regulations by OSHA are included in the Code of Federal Regulations and are therefore legally enforceable throughout the United States. On the other hand, standards such as those issued by the NFPA (National Fire Protection Association) are widely adopted by authority-having jurisdictions (such as state governments). When any standards are cited in legal documents issued by jurisdictions, they become legally enforceable. Different states can choose to adopt different standards which massively complicates the regulatory landscape.
Widely adopted standards, such as NFPA 2, are mostly coherent with federal regulations. This is the case with most of the standards that will be mentioned in this document. Usually, an OSHA regulation presents more general guidelines while a code or standard goes into greater depth.
Generally, in regard to hydrogen production, NFPA 2 is the most complete source for guidelines.
For ventilation, one of the following should be applied:
in adherence to NFPA 2. 6.18 an exhaust point must be placed within 305 mm from the ceiling. Inlet air openings can also be installed below this threshold level. These inlets should be designed to prevent blockage or designed to detect and react to that blockage. Both inlets and exhausts should be designed so as to provide air movement across the room or area and prevent the accumulation of hydrogen, and
the discharge should be terminating at a point outdoors not less than 9.1 m from opening line, 3 m from operable openings into buildings, 1.8 m from exterior walls and roofs, 9.1 m from combustible walls and operable openings into buildings that are in the direction of the discharge and 3 m above adjoining grade.
Or
ventilation that ensures average hydrogen levels below 25% LFL (based on the maximum anticipated hydrogen leak as determined by the manufacturer’s installation instructions).
A hydrogen detection system to initiate ventilation at 10% LFL should also be in place.
An explanatory NFPA 2 annex for informational purposes suggests that a gas detector should be mounted a foot or more below the ceiling because of the elevated temperatures at the ceiling. It should face the potential release point but also give consideration to the effect that ventilation would have on air flow. They should not be located in any structural entrapments. At least annual tests of gas detector systems should take place. Also, records for maintenance, inspection, calibration and testing should be kept for 3 years.
For indoor systems of less than 141.6 Nm3 in a ventilated area, there should be:
a minimum distance of 7.6 m from sources of ignition
a minimum distance of 15 m from intakes of ventilation, air conditioning equipment and air compressors, and
a minimum distance of 15 m from other flammable gas storage (NFPA, 2020[96]).153
More than one system of 141.6 Nm3 or less can be installed in the same room or area, provided that the systems are separated by at least 15 m or a full-height fire-resistive partition with a minimum fire resistance rating of 2 hrs. If oxygen is released inside the room or area, there should be sufficient ventilation to prevent oxygen atmospheres exceeding 23.5%. Distances for compressed outdoor hydrogen systems (of less than 141.6 Nm3) are presented below (NFPA, 2020[96]):154
Table 10.30. Distances for compressed outdoor hydrogen systems (of less than 141.6 Nm3)
NFPA 2 also lists safety distances from outdoor bulk compressed hydrogen systems (larger than 141.6 Nm3) for three separate groups of exposures:
Group 1: lot lines, air intakes (HVAC, compressors et al.), openings in buildings and structures, ignition sources;
Group 2: exposed persons and parked cars, and
Group 3: buildings (of combustible or non-combustible construction), flammable gas, or hazardous materials storage systems, combustible solids, unopenable openings, Encroachment by overhead utilities, piping containing other hazardous materials, flammable gas metering and regulating stations.
The American Society of Mechanical Engineers provides standards for piping. B31.12 is the standard addressing hydrogen piping. It includes general requirements (for materials, welding, brazing etc.), standards for piping (requirements for components, design, erection etc.) and standards for pipelines (components, design, installation, and testing) (ASME, 2020[97]). Mechanical exhaust or fixed natural ventilation should be provided at a rate of not less than 0.0051 m3/sec.
NFPA requires an emergency shutdown system for both gaseous and liquefied hydrogen systems.
All fuel cell equipment, compressors, hydrogen generators, electrical distribution equipment and similar appliances must be separated from GH2 storage areas within the hydrogen equipment enclosure by a one-hour rated barrier that also has to be capable of preventing gas transmission (NFPA, 2020[96]).155
There are parts of NFPA 2 that are currently reserved for new requirements or a future revision of the standard. This is the case for chapter 9, which deals with explosion protection (NFPA, 2020[98]).156
Scenario 2 – Transport pipelines
At the federal level, the Pipeline and Hazardous Materials Safety Administration (PHMSA) sets minimum safety requirements for pipeline facilities and the transportation of gas. PHMSA is the legal authority enforcing requirements for pipelines throughout US territory (via its Office of Pipeline Safety, OPS).
The pipelines’ oversight includes inspections. Intrastate pipelines are regulated through either the state agencies or the OPS via an agreement with the state. A database named National Pipeline Mapping System (NPMS) includes locations and information regarding gas transmission under the jurisdiction of the PHMSA. The data is used by PHMSA for emergency response and pipeline inspections (NPMS, n.d.[99]).157
49 CFR 171 to 179 regulate the transport of hazardous materials in commerce. 49 CFR 192, which regulates the transport of flammable gas in pipelines, is used for regulating hydrogen pipelines in the US. The agency can delegate authority over to state regulators for those sections of interstate pipelines within their boundaries.
The agency has published protocols, regulatory orders, and guidance manuals and relies on a range of enforcement actions, including corrective action orders and civil penalties. However, the primary focus of most of these regulations is natural gas, so certain characteristics of hydrogen were not fully contemplated in their design.
PHMSA is currently conducting research to determine the effect of hydrogen on steel pipelines, since corrosion is one of the areas of concern regarding the use of the already existing natural gas pipeline infrastructure.
The PHMSA set areas of high consequence based on their “class location unit”: the class location unit is an onshore area that extends 220 yards (200 m) on either side of the centreline of any continuous 1-mile (1.6 km) length of pipeline. Notably classes 3 and 4 are considered to be of “high consequence”.
Class 1:
An offshore area; or
any class location unit that has 10 or fewer buildings intended for human occupancy.
Class 2: any class location unit that has more than 10 but fewer than 46 buildings intended for human occupancy.
Class 3:
Any class location unit that has 46 or more buildings intended for human occupancy; or
An area where the pipeline lies within 100 yards (91 m) of either a building or a small, well-defined outside area (such as a playground, recreation area, outdoor theatre, or other place of public assembly) that is occupied by 20 or more persons on at least 5 days a week for 10 weeks in any 12-month period. (The days and weeks need not be consecutive.)
Class 4: any class location unit where buildings with four or more stories above ground are prevalent.
Areas categorised in classes 3 or 4 should be subject to leakage surveys of the transmission line, conducted at intervals not exceeding 15 months, but at least once each calendar year. Buried transmission line must be installed with a minimum cover as follows:
Table 10.31. A minimum cover for buried transmission line
Each buried main line must be installed with at least 610 mm of cover.
PHMSA regulation demands from operators to take additional measures beyond those required by Part 192 to prevent a pipeline from failing and to mitigate the consequences of a pipeline failure.
Such additional measures include:
installing Automatic Shut-off Valves or Remote-Control Valves,
installing computerised monitoring and leak detection systems,
replacing pipe segments with pipe of heavier wall thickness,
providing additional training to personnel on response procedures,
conducting drills with local emergency responders and implementing additional inspection and maintenance programmes.
Combustible gases in the distribution line must contain natural odorants or be odorised so that at a concentration in air of one-fifth of the lower explosive limit, the gas can be readily detectable. This is not necessary if the hydrogen is intended for use as a feedstock in a manufacturing process.
The American Society of Mechanical Engineers also provides standards for piping and transportation pipelines.
B31.12 is the standard governing hydrogen piping. It includes general requirements (for materials, welding, brazing et al.), standards for piping (requirements for components, design, erection et al.) and standards for pipelines (components, design, installation, and testing) (ASME, 2020[100]).158
ASME B31.12 requires a full weld joint penetration for stub-on and stub-in branches. The code also prohibits the use of piping joints associated with materials not permitted by B31.12 such as caulked, soldered, bell and gland and plastic joints.
The code also guides to avoid the use of nickel-based alloys.
An 80ºC (175ºF) preheat is mandatory for carbon steel for any thickness.
B31.12 also requires that a radiography or ultrasonic testing be performed after post-weld heat treatment for low alloy steels (Kumar Dey, 2021[101]).159
Almost all existing hydrogen pipelines in the United States are associated with industrial facilities such as oil refineries or chemical plants. They operate at constant, relatively low pressure, 500-1200 psi (3.4-8.27 MPa). Transmission pipelines within the U.S. natural gas system typically operate at pressures of 200–1500 psi (1.37-10.34 MPa) (U.S. Department of Energy, 2013[102]).160
The ASME B31.12 code considers pressures up to 15 000 psi (103.4 MPa) for many piping materials although the code’s maximum allowable hydrogen pipeline pressure is currently only 3 000 psi (20.68 MPa) (according to its 2015 edition) (Penev, Zuboy and Hunter, 2019[103]). It is noted that each pipeline must have pressure relieving or pressure limiting devices.
Scenario 3 – Road transport
Standards related to the transportation of hazardous materials include PHMSA 49 CFR 172, which lists hazardous materials and prescribes requirements for shipping papers, package marking, labeling and transport vehicles placarding applicable for their transportation. T75 and TP5 codes in 49 CFR Part 172 are applicable to portable tanks and fill rate of liquid hydrogen tankers. 49 CFR Part 173 includes specific requirements for the use of insulated cargo tanks for cryogenic hydrogen transportation and bulk cylinders for compressed, non-cryogenic hydrogen. Additionally, 49 CFR Part 177 lists loading and unloading practices. 49 CFR Part 178 includes details on the design and approval of shipping containers including cylinders and tanks.
The National Highway Traffic Safety Administration issues Federal Motor Vehicle Safety Standards (FMVSS). These are U.S. federal regulations for the design, construction and safety performance of motor vehicles. FMVSS No. 305 “Electric-powered vehicles” was amended in 2017 to include requirements related to new technologies, including hydrogen FCEVs.
CSA/ANSI HGV 2-2021 contains requirements for the material, design, manufacture, marking and testing of serially produced, refillable containers intended only for the storage of compressed hydrogen gas for vehicle operation.
According to the standard, these containers have to be permanently attached to the vehicle, have up to 1 000 litre water capacity and a nominal working pressure that does not exceed 70 MPa (Kelechava, 2021[104]).161
Self-contained portable fuel cell power systems have to be designed and tested according to CSA/ANSI F38 or IEC 62282-5-1.
SAE (the Society of Automotive engineers) has more standards that apply to hydrogen vehicles:
J2578 is the standard for General Fuel Cell Vehicle Safety: It describes a Recommended Practice that identifies requirements relating to the safe integration of the fuel cell system, the hydrogen fuel storage and handling systems (as defined and specified in SAE J2579) and high voltage electrical systems into the fuel cell vehicle. It may also be applied to hydrogen vehicles with internal combustion engines.
J2579 is the Standard for Fuel Systems in Fuel Cell and Other Hydrogen Vehicles. Its purpose is to define design, operational, and maintenance requirements for hydrogen fuel storage and handling systems in vehicles.
J1766 lays out the recommended practice for Electric and Hybrid Electric Vehicle Battery Systems Crash Integrity Testing.
Scenario 4 – Mobility and partially confined space: tunnels
No hydrogen-specific regulations related to tunnels have been found. NFPA 502, “Standard for Road Tunnels, Bridges and Other Limited Access Highways”, provides safety requirements and lists hazard mitigation measures such as ventilation, installation of detectors and labelling of alternate fuel vehicles.
Scenario 5 – Mobility and partially confined spaces: refuelling stations
The OSHA standard 29 CFR 1910.103 governs hydrogen systems. It sets safety distances (see Table 10.32) and requirements for inlet and outlet openings (1 ft2 per 1 000 ft3 of room volume).162
Table 10.32. Safety distances according to size of H2 system
There should be an explosion venting area on the exterior walls or roof only (1 ft2 per 30 ft3 of room volume). Safety relief devices should discharge upward to the open air, unobstructed and should be designed or located in such a way as to prevent moisture from collecting.
For the development of a hydrogen refuelling station a number of permits are required. The state of California, which is the state with the largest hydrogen refuelling system in the country, has released a hydrogen fuelling station permitting guidebook, which includes a diagram Figure 10.3 with the processes involved along with estimated timelines (California Governor’s Office of Business and Economic Development, 2020[105]).163
Figure 10.3. Hydrogen station development process
The most comprehensive set of rules for hydrogen refuelling stations can be found in the ((n.a.), 2022[106]).164 The Code includes requirements for dispensing systems, approved equipment (cylinder, containers, tanks, pressure relief devices, including pressure valves, hydrogen vaporisers, pressure regulators, hoses, hose connections, compressors, hydrogen generators, dispensers, detection systems and electrical equipment). Other requirements are as follows:
Dispensing systems shall be equipped with an overpressure protection device set at 140 percent of the service pressure of the fuelling nozzle it supplies.
The vehicle shall be fuelled on non-coated concrete or other approved paving material having a resistance not exceeding 1 megohm.
Fuel-dispensing areas under canopies shall be equipped with an approved automatic sprinkler system. Operation of the automatic sprinkler system shall activate an automatic emergency discharge system, which will discharge the hydrogen gas from the equipment on the canopy top through the vent pipe system. Operation of the automatic sprinkler system shall activate an emergency shutdown control.
A manual emergency shutoff valve shall be provided to shut down the flow of gas from the hydrogen supply to the piping system. In addition, a remotely located, manually activated emergency shutdown control shall be provided. This shall be located within 75 feet (22.86 m) of, but not less than 25 feet (7.62 m) from, dispensers and hydrogen generators. Activation of the emergency shutdown control shall automatically shut off the power supply to all hydrogen storage, compression, and dispensing equipment, shut off natural gas or other fuel supply to the hydrogen generator, and close valves between the main supply and the compressor and between the storage containers and dispensing equipment.
A documented procedure that explains the logic sequence for defueling or discharging shall be maintained on site and provided to a fire code official upon request. The procedure shall list the actions that the operator is required to take in the event of a low-pressure or high-pressure hydrogen release during discharging.
Other key codes and standards concerning the development and operation of a hydrogen refuelling station are:
ASME B31 Pressure Piping and ASME Boiler & Pressure Vessel Code are the standards for high pressure equipment and hydrogen storage tanks
SAE J2600 applies to fuelling connection devices (connectors, dispenser nozzles and receptacles
SAE J2601 provides fuelling protocols for Light Duty Gaseous Hydrogen Surface Vehicles. They establish protocols for light duty vehicle fuelling applicable for two pressure classes (35 MPa, for vehicles with storage capacity from 2.4 to 6 kg, and 70 MPa, for vehicles with storage capacity from 2 to 10 kg) and three fuel delivery temperatures (-40 °C, -30 °C, -20 °C).
SAE J2601 allows for refuelling using either a look-up table approach, or a formula-based approach, with or without wireless communications between the FCEV and the hydrogen station. The table-based protocol provides a fixed end-of-fill pressure target (based on ambient temperature and initial fuel pressure), whereas the formula-based one calculates the end-of-fill pressure target continuously.
The standard also establishes safety limits for maximum fuel temperature at the dispenser nozzle, maximum fuel flow rate and maximum rate of pressure increase (SAE, 2020[107]).165
NFPA 2 chapter 10 is specific to gaseous hydrogen vehicle fueling facilities and includes requirements regarding the fuel dispenser.
In addition, NFPA 2 distances for outdoor bulk hydrogen distances (see above) are used to calculate separation distances from a hydrogen refuelling station.
Scenario 6 – Domestic use
There are no regulations specifically targeting the domestic use of hydrogen in the United States. Such use is however not prohibited as can be seen by the existence of small-scale pilot projects such as Hydrogen House. The design and completion of Hydrogen House, a solar-hydrogen residence in New Jersey, was accepted by local residential building regulations. The House, which is still in operation, is outfitted with modern equipment including high pressure hydrogen gas tanks and a high-pressure electrolyser (2 000-6 000 psi).
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Notes
← 1. The NGL applies in the ACT, NSW, the NT, Queensland, SA, Tasmania and Victoria. A modified version of the NGL applies in WA, with WA only adopting the economic regulation of pipeline provisions. The WA Bulletin Board and GSOO are established under Gas Services Information Rules made under the Gas Services Information Act 2012 (WA) and Gas Services Information Regulations 2012 (WA), while the regulated retail markets are established under the Energy Coordination Act 1994 (WA).
← 2. The customer protection framework as it relates to natural gas is set out in local legislation in Tasmania, Victoria and WA. In the NT, the gas reticulation and retail sale sectors are very small, and there is no specific regulation of the retail sale and supply of natural gas in the NT.
← 3. “Australia’s first green hydrogen/gas power plant”, 2021, retrieved from: https://www.nsw.gov.au/media-releases/australias-first-green-hydrogen-and-gas-power-plant.
← 4. ‘Hydrogen Fuel Cell Partnership, hydrogen stations’, 2022, retrieved from: HYDROGEN STATIONS | H2 Station Maps
← 5. 5‘AGID launches domestic hydrogen appliance in Victoria’, 2022, retrieved from: https://www.pipeliner.com.au/2022/07/04/agig-launches-domestic-hydrogen-appliance-in-victoria/.
← 6. In Chinese, available at: http://www.gov.cn/premier/2019-03/16/content_5374314.htm.
← 7. Handling: manufacturing, distribution by commerce, transportation, storage, use & disposal.
← 8. Where hydrogen and fuel cell technnology was assigned as one of the major tasks
← 9. Buildings or facilities that supply hydrogen but do not produce hydrogen itself, for example a hydrogen refuelling station which does not have onsite hydrogen producing facilities.
← 10. Hydrogen concentration not specified in this standard.
← 11. For abnormal input & output pressure, abnormal temperature & pressure of the cooling system.
← 12. Hydrogen production, purification, compression, or storage facilities, releasing pipes etc. Horizontal distance of 4.5m from rooms containing (a). A vertical distance of 7.5 m for outdoor production & storage facilities
← 13. The number of times that the total air volume in a room or space is completely removed and replaced in an hour.
← 14. If the room is less than 100m2 in size, then only one exit (leading to the outside) is required.
← 15. A compression test should be performed for tubes transporting gasses such as hydrogen or natural gas. Compression should not cause any cracks.
← 16. Average per 3s. Spontaneous concentration should always be less than 8%.
← 17. Based on ISO 19880-1 Gaseous Hydrogen-Fuelling Stations: Part 1: General Requirements; SAE J 2601 Fuelling protocols for Light Duty Gaseous Hydrogen Surface Vehicles and Chinese standards such as GB/T 31138-2014 Compressed Hydrogen Dispenser for Vehicles.
← 18. Installation Classified for the Protection of the Environment.
← 19. https://www.ecologie.gouv.fr/nicolas-hulot-annonce-plan-deploiement-lhydrogene-transition-energetique (see Plan de Déploiement de l'Hydrogène France 2018).
← 21. Article L. 131-3, 5° of the Environmental Code.
← 24. On the one hand, the commercial criterion, an installation whose production will not be marketed could not fall under this heading, for example an installation intended to produce. This is the case, for example, for an installation intended to produce hydrogen for its owner's own needs. On the other hand, the environmental criterion, a small-scale installation producing limited quantities of hydrogen by electrolysis limited quantities of hydrogen by electrolysis and having a minimal impact on the environment and its environment and its resources (water) could, even if the use of the production is commercial, be excluded.
← 26. https://www.legifrance.gouv.fr/codes/section_lc/LEGITEXT000006074220/LEGISCTA000006176596/2021-08-01/.
← 30. https://www.legifrance.gouv.fr/codes/section_lc/LEGITEXT000006072050/LEGISCTA000006160776/#LEGISCTA000006160776/.
← 31. Order of 12 February 1998 on the requirements for installations classified for the protection of the environment subject to declaration under heading no. 4715 (https://www.legifrance.gouv.fr/loda/id/JORFTEXT000000571176/).
← 32. UNECE, Agreement Concerning the Adoption of Uniform Technical Prescriptions for Wheeled Vehicles, Equipment and Parts which can be Fitted and/or be Used on Wheeled Vehicles and the Conditions for Reciprocal Recognition of Approvals Granted on the Basis of these Prescriptions, 2015 https://unece.org/fileadmin/DAM/trans/main/wp29/wp29regs/2015/R134e.pdf.
← 33. The Directive was adopted by the European Union in 2014 to streamline processes for improving alternative fuel infrastructure and refuelling. Anchored in this directive, Germany has declared hydrogen as an alternative fuel.
← 34. States (a state is “Land”) in German are referred to as Länder.
← 38. HyLAW online database: https://www.hylaw.eu/.
← 39. For instance, TÜV SÜD enables stakeholders to furnish proof that hydrogen produced from regenerative sources has significantly lower levels of greenhouse-gas emissions than conventional hydrogen or fossil fuels. A certificate for generation of green hydrogen can be issued if the hydrogen produced has a greenhouse-gas reduction potential of at least 60 per cent compared to fossil fuels. Going further, green hydrogen produced by electrolysis must have a GHG reduction potential of 75 per cent. The comparison is based on the current reference values set forth in the Renewable Energy Directive II (RED II).
← 40. https://www.gesetze-im-internet.de/betrsichv_2015/. The Ordinance is broad in its scope and covers all employers who operate hazardous and high-pressure equipment.
← 41. More information on tunnel categorisation can be found here: https://adrbook.com/en/2019/ADR/1.9.5.
← 44. Exemplified Standards are those Circular Notices (Internal Rules) summarised as standards for each ordinance or piece of equipment and provide concrete examples of technical details that satisfy the technical standards specified by each Ministerial Ordinance. Related Exemplified Standards indicate the examples that comply with the technical standard specified by an Ordinance of the ministry, and therefore do not necessitate absolute conformity, but appropriateness judged by the prefectural governor having authority of the permission. The provisions are available (in Japanese) at: https://www.meti.go.jp/policy/safety_security/industrial_safety/sangyo/hipregas/files/20210315_hg_16.pdf.
← 45. GHPGSO, Article 2 (xv).
← 46. GHPGSO, Article 6 (1)(xxv).
← 47. GHPGSO, Article 6 (1)(ix).
← 48. GHPGSO, Article 6 (1)(xxxi).
← 49. GHPGSO, Article 6 (1)(xxvi).
← 50. Exemplified Standards, Article 6.
← 51. Regarding the definition of allowable operating pressure, the following response was given by METI on May 22, 2006, and is used as a reference for application. "There is no definition of allowable operating pressure, however, if the normal pressure is not less than the allowable operating, the safety valve will operate, therefore, the allowable operating pressure should not less than the normal pressure."
← 52. GHPGSO, Article 6 (1) (xi).
← 53. GHPGSO Article 6 (1) (xii).
← 54. GHPGSO Article 6 (1) (xiii).
← 55. The gauge pressure (where such pressure fluctuates, the highest pressure in the fluctuating range) acting on the equipment concerned under normal conditions of use.
← 56. Normal pressure: 82 MPa or less, Normal temperature: -253°C to 120°C or less.
← 57. Normal pressure: 82 MPa or less, Normal temperature: -253°C to 120°C or less. Exemplified Standards, Article 9.
← 58. HPGSA, Article 5, Enforcement Order of the High-Pressure Gas Safety Law, Article 3.
← 59. HPGSA, Article 16 (1), Enforcement Order of the High-Pressure Gas Safety Law, Article 5.
← 60. GHPGSO, Article 6 (1).
← 61. https://www.khk.or.jp/Portals/0/resources/english/dl/overview_general_hpg_ordinance.pdf, p. 6.
← 62. https://www.khk.or.jp/Portals/0/resources/english/dl/overview_general_hpg_ordinance.pdf, p. 6.
← 63. Schools, hospitals, theatres, cinemas, department stores, hotels, inns, and other buildings intended to accommodate an unspecified large number of people (General High Pressure Gas Safety Regulations, Article 2 (1) (v)).
← 64. Buildings other than Class 1 Protected Properties that are used for residential purposes.
← 65. GHPGSO, Article 2 (1)(xix).
← 66. Eguchi area, Shunan City (Yamaguchi), Shunan City Local Wholesale Market and Roadside station Sorene Shunan ((Yamaguchi)), Higashida area, Yahatahigashi ward, Kitakyushu City (Fukuoka).
← 67. Higashida area, Yahatahigashi ward, Kitakyushu City (Fukuoka).
← 68. HPGSA, Article 2.i - See Appendix 2.3.2.
← 69. To prevent corrosion due to rainwater splash.
← 70. Ibid.
← 71. Exemplified Standards, Article 38.
← 72. Exemplified Standards, Article 38.
← 73. Exemplified Standards, Article 37 (3) iii-ii.
← 74. Article 168 of the Enforcement Regulations of the Gas Business Law.
← 75. Gas Business Act Enforcement Regulations, Article 1 (2) (iii).
← 76. Gas Business Act Enforcement Regulations, Article 1 (2) (ii).
← 77. See Scenario 1.
← 78. The Ministry of Land, Infrastructure, Transport and Tourism Notice on Traffic Regulation of Vehicles Transporting Hydrogen-fuelled Vehicles on 31 March 2005 (Traffic Regulations of vehicles carrying dangerous goods in accordance with Article 46(3) of the Road Act. (https://www.jehdra.go.jp/pdf/kiken/kiken6_14.pdf).
← 80. Normal pressure: 40 MPa or less.
← 81. Normal pressure: 82 MPa or less, Normal temperature: -253°C to 120°C or less.
← 82. Normal pressure: 82 MPa or less, Normal temperature: -253°C to 120°C or less.
← 83. Normal pressure: 25 MPa or less, Normal temperature: -40°C to 100°C or less. Exemplified Standards, Article 9.
← 84. GHPGSO, Article 7-3.
← 85. GHPGSO, Article 7-3 (2)(xxiv).
← 86. Exemplified Standards, Article 6.
← 87. GHPGSO, Article 7-3 (2)(xviii).
← 88. GHPGSO, Article 6(1)(vii), Exemplified Standards, Article 5.
← 89. Fixed devices capable of sprinkling water by means of perforated pipes or pipes with sprinkler nozzles.
← 90. GHPGSO, Article 6 (1) (xxxii).
← 91. GHPGSO, Article 7-3 (2)(xix).
← 92. GHPGSO, Article 7-3 (2)(xii).
← 93. GHPGSO, Article 7-3 (2)(x).
← 94. GHPGSO, Article 6 (1)(xix).
← 95. GHPGSO, Article 7-3 (2)(xxii).
← 96. GHPGSO, Article 7-3 (2)(vi).
← 97. Exemplified Standards, Article 58.
← 98. Exemplified Standards, Article 22.
← 99. Ministry of Economy, Trade and Industry of Japan, https://www.meti.go.jp/policy/safety_security/industrial_safety/sangyo/hipregas/hourei/20210518_hg_01.pdf, p45.
← 100. GHPGSO, Article 8-2 (1)(iii).
← 101. The Fire Prevention Ordinance of the Fire Service Act, Article 8-3.
← 102. The Electricity Business Law, Article 39, Ministerial Ordinance Establishing Technical Standards for Electrical Equipment.
← 103. The Electricity Business Law, Article 42.
← 104. The Electricity Business Law, Article 43.
← 105. The Electricity Business Law, Article 48.
← 106. t: Minimum thickness of pipe (unit: mm), D: Outer diameter of the pipe (unit: mm), P: Design pressure (pressure designed as the maximum pressure at which the pipe can be used) (unit: MPa) (unit: MPa), a: Permissible tensile stress of the material, n: Welding efficiency.
← 107. Ibid.
← 108. Exemplified Standards, Article 7.
← 109. https://www.acm.nl/nl/publicaties/acm-stelt-kader-op-om-pilotprojecten-met-waterstof-mogelijk-te-maken.
← 110. https://www.sodm.nl/actueel/nieuws/2022/11/01/nieuwe-taak-voor-sodm-toezicht-op-de-veiligheid-bij-experimenten-distributie-waterstof-naar-woningen.
← 114. https://www.rijksoverheid.nl/onderwerpen/veiligheidsregios-en-crisisbeheersing/veiligheidsregios.
← 117. Delpierre, Mathieu et al. "Assessing The Environmental Impacts Of Wind-Based Hydrogen Production In The Netherlands Using Ex-Ante LCA And Scenarios Analysis". Journal Of Cleaner Production, vol 299, 2021, p. 126866. Elsevier BV, https://doi.org/10.1016/j.jclepro.2021.126866.
← 118. Prolonged processes.
← 122. However, it should be noted that all hydrogen vehicles must meet the UN GTR No. 13 – Global Technical Regulation concerning the hydrogen and fuel cell vehicles requirements to get a license plate.
← 123. Act of 27 June 2008 No. 71 relating to Planning and the Processing of Building Applications (the Planning and Building Act) (the Planning part).
← 124. The Lloyd’s Register using the TNO Green Book for sourcing vulnerability criteria summarised a report for DSB (Norwegian Directorate for Civil Protection) to describe vulnerability criteria for various hazards. Vulnerability means the vulnerability of people to exposure to hazards like cryogenic loads, toxicity, flames, radiation, explosion pressures and impact from failing structures’ projectiles.
← 125. https://ec.europa.eu/growth/sectors/mechanical-engineering/equipment-potentially-explosive-atmospheres-atex_en#modal.
← 126. Regulation of road transportation of dangerous goods, 1. July 2009.
← 127. The national regulation of 2009 has been revised and includes, implements the requirements of the ADR/RID Directive. However, ADR and RID do not apply to a) transport of dangerous goods that solely takes place within a restricted area, b) transport of dangerous substances on mobile vehicles in cases where the substance is used by the mobile vehicle, c) military, police, and customs authorities' transport of certain dangerous substances, for certain specified purposes.
← 128. This document, issued by the Directorate for Civil Protection (DSB) spells out the ADR/RID Directive in detail in Norwegian language, and includes guidelines on the practical implications.
← 129. The Korean Ministry of Trade, Industry and Economy (MOTIE) published its Hydrogen Economy Roadmap on 17 January 2019. Korea's vision in the roadmap is to become a leading country in the new global hydrogen economy with the support of two pillars: fuel cell electric vehicles (FCEVs) and fuel cells.
← 130. It should be mentioned that there are other legislative acts, which mention hydrogen, ( e.g. the act on the promotion of the development use, and diffusion of new and renewable energy) however, no direct link to safety matters of 6 scenarios were detected for now.
← 136. “As Korea’s large-scale renewable energy complexes are less advanced than those of developed countries, the development, demonstration, and commercialisation of water electrolysis technologies has been delayed.”
← 137. Guideline applies to gaseous hydrogen storage containers with a capacity of 10 Nm3 or more and its ancillary facilities. However, if several facilities are installed with an interval of less than 1.5 m, it can be applied when the total capacity is 10 Nm3 or more, but this guideline does not apply to mobile hydrogen transport facilities and gaseous hydrogen manufacturing processes.
← 138. Killed carbon/killed steels are characterised by a high degree of chemical homogeneity and freedom from porosity (from Handbook of Valves and Actuators, 2007).
← 139. A basic study on the hazard of hydrogen fuel cell vehicles in road tunnels: https://www.koreascience.or.kr/article/JAKO202106960485604.kr&sa=U.
← 140. Code for Facilities, Technology, and Inspection for Fuel Vehicles Refuelling by Type of On-Site Hydrogen Production (KGS FP216 2021) and Code for Facilities, Technology and Inspection for Vehicles Refuelling by Type of Compressed Hydrogen Delivery (KGS FP217 2021).
← 141. Para 2.6.3 of KGS Code FP217 2021.
← 142. Para 2.6.3.5 of KGS Code FP217 2021.
← 145. H2FCSUPERGEN, 2020, “Opportunities for hydrogen and fuel cell technologies to contribute to clean growth in the UK” retrieved from: http://www.h2fcsupergen.com/wp-content/uploads/2020/04/2020_04_H2FC_Supergen_Hydrogen_Fuel_Cells_P_Dodds_DIGITAL_W_COVER_v05.pdf.
← 146. Ten Point Plan for a Green Industrial Revolution retrieved from: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/936567/10_POINT_PLAN_BOOKLET.pdf.
← 147. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/945899/201216_BEIS_EWP_Command_Paper_Accessible.pdf.
← 149. The Directives that underpin ATEX regulations were created by the European Union. Although not laws in their own right, they do become law when adopted by an EU member state. This is the case for the UK where European ATEX legislation was implemented through two Regulations under the Health & Safety at Work Act 1974. These are DSEAR (Dangerous Substances and Explosion Atmospheres Regulations 2002) implementing the requirements of EU Directive 99/92/EC and EPS (The Equipment and Protective Systems Intended for use in Potentially Explosive Atmospheres Regulations 1996) implementing the requirements of EU Directive 94/9/EC (latterly replaced by 2014/34/EU). Brexit doesn’t affect the implementation of those regulations as they have already become part of the UK law. The UK Department for Business, Energy and Industrial Strategy (BEIS) has policy responsibility for the regulations and the Health and Safety Executive (HSE) enforces them.
← 150. InsHyde Project Deliverable D113. Initial guidance for using hydrogen in confined spaces – Results from InsHyde. https://www.hysafe.org/inshyde.
← 151. HSE. A guide to the Gas Safety (Management) Regulations 1996. 2007; 2nd [p.49]. Available from: https://www.hse.gov.uk/pUbns/priced/l80.pdf.
← 152. ISO Policy, National Examples: United States of America, https://policy.iso.org/usa.html accessed 02.05.2022.
← 153. NFPA 2, 7.2.2.2.2.
← 154. NFPA 2, 7.2.2.3.2.
← 155. NFPA 2, 7.1.22.11.2.
← 156. NFPA 2, 9.
← 158. https://www.asme.org/codes-standards/find-codes-standards/b31-12-hydrogen-piping-pipelines, accessed 02 May 2022.
← 159. https://whatispiping.com/hydrogen-piping-and-pipeline-systems/, accessed 17 June 2022.
← 160. Hydrogen Delivery Technical Team Roadmap U.S. Department of Energy, Washington, DC (2013).
← 161. CSA stands for Canadian Standards Association. CSA/ANSI codes were published as a National Standard of Canada by CSA Group and was later also approved by the American National Standards Institute (ANSI) as an American National Standard. https://blog.ansi.org/csa-ansi-hgv-2-2021-hydrogen-gas-fuel-containers/#gref, accessed 03 May 2022.
← 162. 0.3 m2 per 304.83 m3 of room volume.
← 163. California Governor’s Office of Business and Economic Development, Hydrogen Station Permitting Guidebook https://static.business.ca.gov/wp-content/uploads/2019/12/GO-Biz_Hydrogen-Station-Permitting-Guidebook_Sept-2020.pdf.
← 164. California Fire Code 2309.