Permitting requirements / process
This Lap analyses the legal (regulations and standards) requirements for HRS and the permitting process, including the administrative process involved in obtaining the required approvals to build and operate a HRS.
Where applicable, it looks at whether the permitting process consists of several processes involving multiple permits and authorities and the nature of each of these processes and steps
Where applicable, it looks at whether the permitting process consists of several processes involving multiple permits and authorities and the nature of each of these processes and steps
Glossary:
Permitting requirements are the legal (regulations and standards) requirements for HRS and the permitting process is the administrative process involved in obtaining the required approvals to build and operate a HRS. The permitting process is actually several processes involving multiple permits and authorities.
Pan-European Assessment:
When considering the process for permitting of construction and operation of an HRS, there are very few countries where the regulations specifically target H2 HRS, the most advanced of these being Germany, Denmark, the UK and the Netherlands.
Where explicit requirements exist, they invariably require a risk assessment to be carried out covering safety risks associated with fire and explosion, risks to health and risks to the environment. The risk assessments should also identify the control measures to be put in place to provide an adequate level of public safety for the proposed installations. The risk assessment should include an assessment of the major accident hazards presented by the delivery, storage and dispensing of hydrogen at the site and identify controls and contingency plans.
Where specific regulations for hydrogen fuelling stations don’t exist, it is expected that authorities will draw on both the permitting process of conventional refuelling stations as well as the regulations applicable for (industrial) H2 storage and for H2 production. This method of working generates requirements well beyond those applicable to conventional stations and the permitting process carries some “regulatory risks” for the operator, as the interpretation and demands from the regional administrative authority can be different from one region to another. By contrast, the requirements for conventional fuel storage at refuelling station are very similar in all EU countries. The lack of experience of potential HRS operators as well as public authorities coupled with the lack of guidelines and instructions for local authorities can cause delays and extra costs and may lead to divergent interpretations from case-to-case, further complicating the obligations of HRS operators.
Where explicit requirements exist, they invariably require a risk assessment to be carried out covering safety risks associated with fire and explosion, risks to health and risks to the environment. The risk assessments should also identify the control measures to be put in place to provide an adequate level of public safety for the proposed installations. The risk assessment should include an assessment of the major accident hazards presented by the delivery, storage and dispensing of hydrogen at the site and identify controls and contingency plans.
Where specific regulations for hydrogen fuelling stations don’t exist, it is expected that authorities will draw on both the permitting process of conventional refuelling stations as well as the regulations applicable for (industrial) H2 storage and for H2 production. This method of working generates requirements well beyond those applicable to conventional stations and the permitting process carries some “regulatory risks” for the operator, as the interpretation and demands from the regional administrative authority can be different from one region to another. By contrast, the requirements for conventional fuel storage at refuelling station are very similar in all EU countries. The lack of experience of potential HRS operators as well as public authorities coupled with the lack of guidelines and instructions for local authorities can cause delays and extra costs and may lead to divergent interpretations from case-to-case, further complicating the obligations of HRS operators.
Is it a barrier?
No
Assessment Severity
0
Assessment
The LAP is integrated, in the sense that spatial planning, environmental, risk and safety, as well as technical operability aspects are assessed in the same three–step procedure. The procedure is also handled at the local (municipal) level, except for installations harbouring more than 5 tons of hydrogen, where the national Directorate for Civil Protection would be more actively involved. This seems to facilitate competence–sharing and co–learning, leading to relatively smooth application and review/permitting processes.
The required risk assessments involve a certain time and cost, but the actors did not perceive the LAP as a barrier as such. They emphasized the common interest in developing safe and well–functioning HRS, and indicated that once the requirements become more widely known, the procedure will be quite easy to follow.
The required risk assessments involve a certain time and cost, but the actors did not perceive the LAP as a barrier as such. They emphasized the common interest in developing safe and well–functioning HRS, and indicated that once the requirements become more widely known, the procedure will be quite easy to follow.
Questions:
Question 1
What is the competent authority responsible for the permitting requirements? If more than one, list them
The principal or superior administration of the Planning and Building part of the procedure is the responsibility of the national Ministry of Local Government and Modernisation, in the sense that the ministry is responsible for the Planning and Building Act. The Directorate for Civil Protection is the competent authority regarding the planning, construction, operation, maintenance and control for safe handling of the hydrogen, while the fulfilment of the requirements of the Pollution Prevention Act is the responsibility of the Climate and Pollution Agency (Klima og forurensningdirektoratet (formerly SFT). When it comes to specific requirements, as applied in the evaluation of the individual application to put up an HRS, the competent authority in charge is the municipality which grants the permit. t
Question 2
What are the different steps of the process (e.g. which authority in charge of each step)? If possible, add a flow chart.
"Hydrogen refueling stations require application and approval, according to the national Planning and Building Act. There is a three–stage procedure, with the same three steps as for establishing production or storage facilities. The municipality is in charge for all the steps. First, an initial general permit (rammetillatelse) is required. Subsequently, a permit to start construction (igangsettelsestillatelse) must be obtained, before work to construct the facility can begin. Lastly, a use or operation permit (brukstillatelse) is required, before the actual production of hydrogen may commence.
Before starting the detailed development of the project, the Directorate for Civil Protection must be notified, about the possession/use of dangerous substances (ref. paragraph 12, Regulation on the handling of inflammable, reactive and pressurized substances). According to the Pollution Prevention Act, there is also a duty to notify the municipality, relating specifically to the installation of sub–surface fuel tanks.
As elaborated in the national guideline from the Directorate of Civil Protection (DSB) on tapping of dangerous substances (Veiledning, omtapping av farlig stoff), paragraph 8 of the Regulation of handling of inflammable, reactive and pressurized substances, including equipment and facilities used in the handing of such substances, the planning/projecting must include a long list of steps, to meet specific documentation requirements. These are mentioned below, in the answer to question 4. "
Question 3
Are there any exemptions/ “simplified” process (e.g. for demonstration projects)?
"As mentioned in relation to LAP 4–4–1 on land use planning, paragraph 4–3 of the Building Regulation allows for exemptions from the general form of procedure, in cases of facilities regulated under other legislation, such as the Fire and Explosion Prevention Act.
For facilities storing less than 400 liters of hydrogen, the duty to notify the Directorate of Civil Protection does not apply."
Question 4
What kind of permits are needed from the approval authority, and are they separated/integrated (single permit)? E.g. building permit, construction a operation permit for installations, environmental permit
1. Initial general permit: To apply for the initial, general permit (rammetillatelse) to embark on the project, general information regarding the facility and planned activity is required, and an application must be submitted to the municipality. When the HRS will harbour 400 liters or more of hydrogen (inflammable substances, category 2), or 0,4 m3 tank volume or more is involved, there is a duty to notify the Directorate for Civil Protection. In case of facilities where more than 5 tons of inflammable substances are stored, the Major Accident Regulation (Storulykkeforskriften) will come into play, and special consent from the Directorate for Civil Protection (DSB) will be required.
2. Construction permit: To submit the application for and obtain a construction permit (igangsettelsestillatelse), the operator/applicant must document that they have the necessary competence (paragraph 8). 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. (paragraphs. 8.1.1, 14, 15.8 and 16). The national guideline for tapping of dangerous substances, chapter 1, paragraph 15.4, states that HRS should be designed according to ISO/TS 20100 Gaseous hydrogen – Fuelling stations.
3. Operation permit: To apply for the final operation permit, it is necessary to document operator competence (paragraph 7), and control/inspection before (paragraph 9.1) and during installation (paragraph 9.2. Final control and final control carried out by an independent inspector (paragraph 9.5) 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 (brukstillatelse).
A separate environmental permit is not required, but as noted above, there is general requirement to comply with the Pollution Prevention Act.
Question 5
Is the process at local level uniform throughout a country? (uniform interpretation?)
Yes, there is a uniform interpretation.
Question 6
How long does it take to obtain a permit for the construction and operation of HRS?
a - Is there a maximum response time for granting the permit?
a - When the operator provides all the required documentation as required, the maximum response time for initial, general permit 6 weeks. Construction permit – 12 weeks. Operation permit – 24 weeks
Question 6
How long does it take to obtain a permit for the construction and operation of HRS?
b - If yes, what is the response time?
When the operator provides all the required documentation, the response times are as follows:
6 weeks for initial general permit
12 weeks for Construction permit
24 weeks for Operation permit
Question 6
How long does it take to obtain a permit for the construction and operation of HRS?
c - What is the actual experience in practice?
How long does it take to obtain a permit for the construction and operation of HRS?
In most cases up to now, the actors started a dialogue with the municipality early, well ahead of the time they applied for the first, general permit. The formal process of applying for and obtaining the permit was thereafter smooth, in line with the stated response times and sometimes faster.
Question 7
Are there specific requirements from the authorities before/during/after construction of HRS for its commissioning?
See the answers to question 4.
Question 8
When is the HRS ready for operation?
When the municipal planning and building department has given the final operating permit.
Describe the comparable technology and its relevance with regard to hydrogen
The general procedure is the same for all fuel stations and refuelling infrastructure
National legislation:
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Planning and Building Act (2008). [Plan og bygningsloven]t
Paragraph 20–1 specifies the categories of interventions, projects that require application and permits. Fuel stations and refuelling infrastructure are among these. The regulation of building applications, paragraph 4–3 allows for exemptions to the general procedure, in case of facilities that also are regulated by the Fire and Explosion Prevention Act and related regulations.
- Regulations relating to pollution control [Pollution regulations] (Forskrift om begrensning av forurensning (Forurensningsforskrften), last updated 16.09.2016.
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National Guideline, tapping of dangerous substances [Temaveiledning om omtapping av farlig stoff]
Introduction, permit requirements related to the Plan and Building Act, and the Regulations relating to pollution control. Chapter 1, Definitions, fuelling stations. Chapter 9, Equipment and facilities. Chapter 13, duty to report hazardous substances. Chapter 14, Documentation. Chapter 15, Risk and risk assessment
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Guideline, use of dangerous substances, part I – structure [Temaveiledning om bruk av farlig stoff del 1 – Forbruksanlegg for flytende og gassformig brensel]
Annex I, page 64 provides a flow chart of the procedure and documentation requirements for establishing a HRS.
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Regulation of pressurized equipment and requirements of conformity assessment (Forskrift om trykkpåkjent utstyr med krav til samsvarsvurdering (kontroll) og CE merking), of 11.10.2017–
Chapter 1, general provisions. Chapter 2, Market operators' obligations. Chapter 3, Conformity and classification. Chapter 4, Conforminty assessment. Annex 1, Basic safety requirements. Annex III, Procedures for conformity assessment.
EU Legislation:
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Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances (so-called SEVESO Directive)
The Directive covers situations where dangerous substances may be present (e.g. during processing or storage) in quantities exceeding certain thresholds.
It establishes:
• General obligations on the operator (Article 5)
• Notification (information on the form and amount of substances, the activity, and the surrounding environment) of all concerned establishments (Article 7),
• The obligation to deploy a major accident prevention policy (Article 8),
• The obligation to produce a safety report for upper-tier establishments (Article 10);
• The obligation to produce internal emergency plans for upper tier establishments (Article 12);
• Authorities to exert control of the siting of new establishments, modifications to new establishments, and new developments including transport routes, locations of public use and residential areas in the vicinity of establishments, (Article 13)
• The obligation to conduct public consultations on specific individual projects that may involve risk of major accidents (Article 15)
Annex I, Part 1, establishes Hydrogen as a dangerous substance (therefore within scope) and lists the quantity of hydrogen for the application of lower-tier requirements (≥ 5t) and upper-tier requirements (≥ 50t).
For quantities of less than 5 tonnes of hydrogen, none of the obligations above would apply.
The Directive is relevant for both the approval of bunkering / landing installations as well as on board transport of hydrogen -
ATEX Directive 2014/34/EU - covering equipment and protective systems intended for use in potentially explosive atmospheres
The Directive defines the essential health and safety requirements and conformity assessment procedures (Article 4) to be applied before products are placed on the EU market and is significant for the engineering of hydrogen production plants. It covers inter alia equipment and protective systems intended for use in potentially explosive atmospheres.
The Directive requires employers to 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 Directive requires the manufacturers to design their equipment to be suitable for use within their customer’s explosive atmosphere. Therefore, manufacturers of equipment rely upon their customer to give them information about the classification of the zone and the flammable substance(s) within that zone.
The Directive describes the rules and regulations for all actors in the value chain, with respect to ensuring that only safe equipment for use in potentially explosive atmospheres are sold and applied. It provides regulation of how the equipment shall be constructed, produced and documented, as well as the rules for CE-labelling.
It also contains, inter alia conformity assessment procedures (Art 13) EU declaration of conformity (Art 14) and General principles of the CE marking (Art 16)
The Directive is relevant for the approval of landing / bunkering installations -
Directive 2014/52/EU of the European Parliament and of the Council of 16 April 2014 amending Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment).
The Directives (and their subsequent amendments) define a strategic environmental impact assessment procedure. The procedure is summarized as follows: the developer may request the competent authority define what should be covered by the EIA information to be provided by the developer (scoping stage); the developer must provide information on the environmental impact (EIA report – Annex IV); the environmental authorities and the public (and affected Member States) must be informed and consulted; the competent authority decides, taken into consideration the results of consultations. The public is informed of the decision afterwards and can challenge the decision before the courts.
In line with the EIA Directive, Production and Storage of Hydrogen falls within the projects listed in Annex II (6a and 6c -production of chemicals; and storage facilities for chemical product), for which Member States shall determine whether the project shall be made subject to an assessment or not. In some EU countries, storage of 5 tons of hydrogen or more falls within the scope of the Directives.
The latest amendment, (Directive 2014/52/EU) introduces minimum requirements with regards to the type of projects subject to assessment, the main obligations of developers, the content of the assessment and the participation of the competent authorities and the public. -
Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (EIA Directive)
The Directives (and their subsequent amendments) define a strategic environmental impact assessment procedure. The procedure is summarized as follows: the developer may request the competent authority define what should be covered by the EIA information to be provided by the developer (scoping stage); the developer must provide information on the environmental impact (EIA report – Annex IV); the environmental authorities and the public (and affected Member States) must be informed and consulted; the competent authority decides, taken into consideration the results of consultations. The public is informed of the decision afterwards and can challenge the decision before the courts.
In line with the EIA Directive, Production and Storage of Hydrogen falls within the projects listed in Annex II (6a and 6c -production of chemicals; and storage facilities for chemical product), for which Member States shall determine whether the project shall be made subject to an assessment or not. In some EU countries, storage of 5 tons of hydrogen or more falls within the scope of the Directives.
The latest amendment, (Directive 2014/52/EU) introduces minimum requirements with regards to the type of projects subject to assessment, the main obligations of developers, the content of the assessment and the participation of the competent authorities and the public. -
Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment (SEA Directive)
The Directives (and their subsequent amendments) define a strategic environmental impact assessment procedure. The procedure is summarized as follows: the developer may request the competent authority define what should be covered by the EIA information to be provided by the developer (scoping stage); the developer must provide information on the environmental impact (EIA report – Annex IV); the environmental authorities and the public (and affected Member States) must be informed and consulted; the competent authority decides, taken into consideration the results of consultations. The public is informed of the decision afterwards and can challenge the decision before the courts.
In line with the EIA Directive, Production and Storage of Hydrogen falls within the projects listed in Annex II (6a and 6c -production of chemicals; and storage facilities for chemical product), for which Member States shall determine whether the project shall be made subject to an assessment or not. In some EU countries, storage of 5 tons of hydrogen or more falls within the scope of the Directives.
The latest amendment, (Directive 2014/52/EU) introduces minimum requirements with regards to the type of projects subject to assessment, the main obligations of developers, the content of the assessment and the participation of the competent authorities and the public.
X -
Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014 on the deployment of alternative fuels infrastructure (AFID)
The AFID establishes a common framework of measures for the deployment of alternative fuels infrastructure in the Union in order to minimize dependence on oil and to mitigate the environmental impact of transport.
The Directive sets out minimum requirements for the building-up of alternative fuels infrastructure, including recharging points for electric vehicles and refuelling points for natural gas (LNG and CNG) and hydrogen, to be implemented by means of Member States' national policy frameworks, as well as common technical specifications for such recharging and refuelling points, and user information requirements.
Article 2 defines ‘Alternative fuels’ as fuels or power sources which serve, at least partly, as a substitute for fossil oil sources in the energy supply to transport and which have the potential to contribute to its decarbonisation and enhance the environmental performance of the transport sector. They include, inter alia: hydrogen.
It lays down, in Article 5, that Member States which decide to include hydrogen refuelling points accessible to the public in their national policy frameworks shall ensure that, by 31 December 2025, an appropriate number of such points are available, to ensure the circulation of hydrogen-powered motor vehicles, including fuel cell vehicles, within networks determined by those Member States, including, where appropriate, cross-border links.
Annex II contains technical specifications for hydrogen refuelling points for motor vehicles and additionally lays down that:
• Outdoor hydrogen refuelling points dispensing gaseous hydrogen used as fuel on board motor vehicles shall comply with the technical specifications of the ISO/TS 20100 Gaseous Hydrogen Fuelling specification.
• The hydrogen purity dispensed by hydrogen refuelling points shall comply with the technical specifications included in the ISO 14687-2 standard.
• Hydrogen refuelling points shall employ fuelling algorithms and equipment complying with the ISO/TS 20100 Gaseous Hydrogen Fuelling specification.
• Connectors for motor vehicles for the refuelling of gaseous hydrogen shall comply with the ISO 17268 gaseous hydrogen motor vehicle refuelling connection devices standard. - ISO/TS 19880–1:2016(en) Gaseous hydrogen – Fuelling stations – Part 1: General requirements 90.92 43.060.40 71.100.20 ISO/NP 19880–1 Gaseous hydrogen – Fuelling stations – Part 1: General requirements 10.99 43.060.40 71.100.20 ISO/CD 19880–2 Gaseous hydrogen – Fuelling stations –– Part 2: Dispensers 30.92 43.060.40 71.100.20 ISO/DIS 19880–3 Gaseous hydrogen – Fuelling stations – Part 3: Valves 40.60 43.060.40 71.100.20 ISO/AWI 19880–4 Gaseous hydrogen – Fuelling stations – Part 4: Compressors 20.00 ISO/CD 19880–5 Gaseous hydrogen – Fuelling stations – Part 5: Hoses 30.60 43.060.40 71.100.20 ISO/AWI 19880–6 Gaseous hydrogen – Fuelling stations – Part 6: Fittings 20.00 ISO/CD 19880–8 Gaseous hydrogen – Fuelling stations – Part 8: Hydrogen quality control