Safety requirements and process (safety distances internal / external)
This LAP analyses, in general, the safety requirements (regulations and standards) associated with the approval of HRS. In particular, this LAP looks at the general rules applicable to an HRS (e.g. permitting regime, agreement) apart from the land use planning, including but not limited to:
a) environmental assessment (e.g.: emissions (IED), noise, etc.)
b) risk assessment
c) technical, including internal/external safety distances safety requirements
d) Personnel safety requirements
The LAP also explores whether it is allowed to install an HRS indoors (for example for forklifts) as well as the additional requirements applicable when an HRS is installed indoors.
a) environmental assessment (e.g.: emissions (IED), noise, etc.)
b) risk assessment
c) technical, including internal/external safety distances safety requirements
d) Personnel safety requirements
The LAP also explores whether it is allowed to install an HRS indoors (for example for forklifts) as well as the additional requirements applicable when an HRS is installed indoors.
Glossary:
Safety requirements are the legal (regulations and standards) requirements for safety assessment for the approval of HRS. One of the measures for safety operation of a HRS is the creation of safety distances.
The safety distance is the minimum separation between a hazard source and an object (human, equipment or environment) that will mitigate the effect of a likely foreseeable incident and prevent minor incident from escalating into larger incident.
The safety distance is the minimum separation between a hazard source and an object (human, equipment or environment) that will mitigate the effect of a likely foreseeable incident and prevent minor incident from escalating into larger incident.
Pan-European Assessment:
Safety requirements, risk assessments, safety distances and other requirements covered in this section are essential elements which ensure the long-term sustainability of any future HRS network, therefore, although they impose high costs (both economically, as well as in time required for planning, building and permitting), overall, they are seen as necessary investments for a safe, sustainable operation of the HRSs.
Currently, there is no clear set of safety requirements, (including distances, permits, assessments) defined specifically for Hydrogen Refueling stations in most European countries. In practice, the requirements imposed on HRS projects will be based case-by-case risk assessments or represent precautious estimations by local authorities. In this sense, a regulatory gap and, to a certain extent, a structural barrier can be observed.
The regulatory gap for safety requirements specific to HRS has several major consequences:
• HRS operators face uncertainty during permitting: there is no standardized approach by the administration for the interpretation of the applicable regulation, which can lead to non–uniform interpretation by different authorities,
• Unreasonably high requirements: Authorities which wish to exercise a high degree of precaution in the face of limited experience with hydrogen technologies interpret general (industrial) regulations by imposing the “maximum” level prescribed
• Duplication of efforts, without added safety benefits: every new HRS project is treated on a case by case basis which increases the necessity of individual (case–by–case) modelling, calculation, planning, etc. Designs which have been deemed safe already could be replicated at lower administrative and economic cost, however this does not appear to be the case in most countries.
• Disincentive HRS with on-site production: the authorization procedure for HRS with on–site production is cumbersome and, in some cases, prohibitive
The administrative practice and existing rules in some countries impose excessive safety distances for Hydrogen Storage, this is seen as a structural barrier, as imposing unreasonable safety distances prevents the adaptation of conventional refueling stations to include hydrogen re-fueling within existing locations, therefore resulting in a major barrier for the accelerated uptake of hydrogen mobility.
Currently, there is no clear set of safety requirements, (including distances, permits, assessments) defined specifically for Hydrogen Refueling stations in most European countries. In practice, the requirements imposed on HRS projects will be based case-by-case risk assessments or represent precautious estimations by local authorities. In this sense, a regulatory gap and, to a certain extent, a structural barrier can be observed.
The regulatory gap for safety requirements specific to HRS has several major consequences:
• HRS operators face uncertainty during permitting: there is no standardized approach by the administration for the interpretation of the applicable regulation, which can lead to non–uniform interpretation by different authorities,
• Unreasonably high requirements: Authorities which wish to exercise a high degree of precaution in the face of limited experience with hydrogen technologies interpret general (industrial) regulations by imposing the “maximum” level prescribed
• Duplication of efforts, without added safety benefits: every new HRS project is treated on a case by case basis which increases the necessity of individual (case–by–case) modelling, calculation, planning, etc. Designs which have been deemed safe already could be replicated at lower administrative and economic cost, however this does not appear to be the case in most countries.
• Disincentive HRS with on-site production: the authorization procedure for HRS with on–site production is cumbersome and, in some cases, prohibitive
The administrative practice and existing rules in some countries impose excessive safety distances for Hydrogen Storage, this is seen as a structural barrier, as imposing unreasonable safety distances prevents the adaptation of conventional refueling stations to include hydrogen re-fueling within existing locations, therefore resulting in a major barrier for the accelerated uptake of hydrogen mobility.
Is it a barrier?
Yes
Type of Barrier
Regulatory gap
Assessment Severity
1
Assessment
The lack of implementing regulations of the Ministerial Decree 31 August 2006 causing a major obstacle in the diffusion of HRS in Italy has been overcome thank to a new Decree of 2018, allowing for 700 bars and better alignment to ISO 19880. The local Fire Department refers to this Decree to establish the required safety measures and it is responsible for providing an evaluation in terms of safety and fire prevention. Each municipality may apply different rules for installing a hydrogen refuelling station, and these need to be taken into account when applying for permission to build and operate a HRS.
From a land-use perspective, HRS do not differ significantly from conventional refuelling stations (in general) and those using compressed natural gas (CNG) in particular. However, the lack of specific rules regarding HRS raise the risk that legislation applicable to (industrial) hydrogen production (see category 1) or hydrogen storage (see category 2) would be strictly interpreted and applied mutatis mutandis to HRS thus limiting considerably the zones where some HRSs (especially those with on-site production or with high storage capacity) can be located.
From a land-use perspective, HRS do not differ significantly from conventional refuelling stations (in general) and those using compressed natural gas (CNG) in particular. However, the lack of specific rules regarding HRS raise the risk that legislation applicable to (industrial) hydrogen production (see category 1) or hydrogen storage (see category 2) would be strictly interpreted and applied mutatis mutandis to HRS thus limiting considerably the zones where some HRSs (especially those with on-site production or with high storage capacity) can be located.
Questions:
Question 1: What are the main requirements with their applicable regulations for building an HRS (e.g. permitting regime, agreement) apart from the land use planning
At present, according to the Ministerial Decree of 23 October 2018, art. 5, it is forbidden to build HRS in urban areas, or in areas where the allowed building rate is >3 m3/m2 (urban expansion areas) and in public green or park areas. In particular, Annex 1 of the decree foresees technical regulations for design, construction and exercise of Hydrogen refuelling stations for mobility purposes. The Operating Permit from the Municipality is based on different local regulations The local Fire Department is responsible for providing an evaluation in terms of safety and fire prevention. Depending on the location of installation, Regional authorities such as the Comitato Tecnico Regionale (CTR) and the Agenzia Regionale Protezione Ambiente (ARPA) also need to be consulted.
Question 1
What are the main requirements with their applicable regulations for building an HRS (e.g. permitting regime, agreement) apart from the land use planning? Please list them including:
a - environmental assessment (e.g.: emissions (IED), noise, etc.)
An EIA is needed. The main requirement is a municipality/local authority certification regarding the suitability of the area after receiving authorization form local safety authority (ASL)
Question 1
What are the main requirements with their applicable regulations for building an HRS (e.g. permitting regime, agreement) apart from the land use planning? Please list them including:
b - risk assessment
The risk assessment is not needed since there are technical regulations for operational and building permits.
Question 1
What are the main requirements with their applicable regulations for building an HRS (e.g. permitting regime, agreement) apart from the land use planning? Please list them including:
c - technical, including internal/external safety distances safety requirements
c - Technical Annex to the Decree of 2018 (Titles II and IIII) provides rules for external safety distances related to HRS equipment for the supply, compression, storage and dispensing of hydrogen. The safety distances concern both compressor (active system) and dispenser (passive system). The local Fire Department refers to this Decree to establish the required safety measures. In particular, the internal safety distances is 15 meters and the external distance required 30 meters.
Question 1
What are the main requirements with their applicable regulations for building an HRS (e.g. permitting regime, agreement) apart from the land use planning? Please list them including:
d - Personnel safety requirements
d - The legislative decree of 19 may 2016 n. 85 representing the national transposition of the ATEX directive 2014/34/EU on the management of explosive substances like hydrogen applies to this case.
Question 1
What are the main requirements with their applicable regulations for building an HRS (e.g. permitting regime, agreement) apart from the land use planning? Please list them including:
e - others
e - n/a
Question 2
Is it allowed to install and HRS inside for example for forklifts? Is there any additional requirements when you install the HRS inside? If yes, what are the legal requirement? Did they hamper you to install them inside?
What are the main requirements with their applicable regulations for building an HRS (e.g. permitting regime, agreement) apart from the land use planning? Please list them including:
2 – It is allowed to install HRS inside e.g. for forklifts, however there is no experience of this case.
Describe the comparable technology and its relevance with regard to hydrogen
Natural gas refuelling stations
National legislation:
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Decree of Ministry of the Interior, 31 August 2006
The Decree establishes rules for fire prevention in design, construction and operation of hydrogen distribution plants in the automotive sector. Art.4 r
- Legislative Decree 16 December 2016, n257
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 1999/92/EC of the European Parliament and of the Council of 16 December 1999 on minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres
Directive 1999/92/EC lays down minimum requirements for the safety and health protection of workers potentially at risk from explosive atmospheres which will apply to facilities involved in the production, storage and distribution of hydrogen. It sets out a number of specific obligations on the employer, including inter alia:
• Prevention of and protection against explosions
• Assessment of explosion risks
• Special requirements for work equipment and workplaces -
Directive 2014/68/EU of the European Parliament and of the Council of 15 May 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of pressure equipment.
The Pressure Equipment Directive, applies to the design, manufacture and conformity assessment of pressure equipment and assemblies with a maximum allowable pressure greater than 0.5 bar.
Technical requirements and classification according to an ascending level of hazard, depending on pressure, volume or nominal size, the fluid group and state of aggregation, as well as conformity assessment procedures are laid down and required by the Directive
Hydrogen is a fluid which falls under Group 1. Group 1 consists of dangerous fluids (flammable, toxic and/or oxidizing). As a result, a large part of the equipment for H2 production, storage and distribution must meet the technical requirements set out in the Pressure Equipment Directive (PED).
The Directive is relevant for the approval of landing / bunkering installations -
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. -
Directive 2006/42/EC of 17 May 2006 on machinery
Contents applied technical regulations for the construction of HRS.
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Low Voltage Directive 2014/35/EU
Contents applied technical regulations for the construction of HRS.
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Simple Pressure Vessels Directive 2014/29/EU
Contents applied technical regulations for the construction of HRS.
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ISO/TS 19880–1:2016 Gaseous hydrogen — Fuelling stations — Part 1: General requirements
One of the aims of the standard is to create common methodology for determining applicable safety distances based on local requirements and conventions.