Permitting requirements (include LAP: safety-distances)

This LAP refers to the permitting requirements. In particular it underlines if there are some requirements in terms of environmental assessment, risk assessment, safety requirements.

Glossary:

Permitting requirements are the legal (regulations and standards) requirements for hydrogen production approval.
An internal safety distance is the minimal separation distance between a potential hazard source (e.g. equipment involving dangerous substances) and an object (human, equipment or environment), which will mitigate the effect of a likely foreseeable incident and prevent a minor incident escalating into a larger incident (also known as domino effect).

Pan-European Assessment:

The production of hydrogen is subject to a significant number of requirements. Although enshrined in national legislation following transposition, the source of most of these requirements can be traced to EU Directives in various fields.

As a result of EU level rules, hydrogen production plans (irrespective of the methods of production) will be subject to:
• Risk Assessments (as operationalised from the general obligations laid down in the SEVESO Directive).
• Health and Safety requirements and conformity assessment procedures, as envisioned by the ATEX Directive.
• Integrated Environmental obligations, as required by the IED.
• Environmental Impact Assessment procedures, as envisioned by the SEA and EIA Directives.

Nevertheless, while the overall requirements are similar across all partner countries, significant differences in interpretation and implementation exist.
Is it a barrier?
No
Assessment Severity
0
Assessment
The LAP is important for identifying the requirements for hydrogen production approval and assessing whether the hydrogen production plants are subject to more stringent requirements than those for other gas production plants.

Questions:

Question 1 What are the main requirements with their applicable regulations for building a hydrogen production facility (e.g. permitting regime, agreement) apart from the land use planning? Please list them including: a - environmental assessment (e.g.: emissions (IED), noise, etc.)
a - The construction of hydrogen industrial production facility requires a permit for construction and operation of the facility according to the Federal Immission Control Act. This permit includes the building permit. a) Environmental impact assessment aa) For hydrogen storage on–site ≥ 200t – an environmental impact assessment is always required ab) For hydrogen industrial production facility or for hydrogen storage on–site ≥ 30t < 200t – an environmental impact assessment is required, if the project as such can have considerable negative impact on the environment at the discretion of the approval authority by an overall preliminary assessment ac) For hydrogen storage on–site >3t <30t – an environmental impact assessment could be required due to specific local circumstances and under the condition of ab)
Question 1 What are the main requirements with their applicable regulations for building a hydrogen production facility (e.g. permitting regime, agreement) apart from the land use planning? Please list them including: b - risk assessment
b - Risk assessment pursuant to the Ordinance on Industrial Safety and Health At workplaces with a higher risk of potential hazards it is necessary to carry out a risk assessment before commissioning of the facility and on a regular basis and to determine safety measures.
Question 1 What are the main requirements with their applicable regulations for building a hydrogen production facility (e.g. permitting regime, agreement) apart from the land use planning? Please list them including: c - safety requirements, including internal/external safety distances
c - ca) Safety requirements according to the Hazardous Accidents Ordinance caa) In operating areas, where the hydrogen is present in quantities ≥ 5t – before commissioning, the operator must draw up a written concept for the prevention of hazardous accidents cab) In operating areas, where the hydrogen is present in quantities ≥ 50t – before commissioning the operator must – (and each 5 years after commissioning) draw up a written safety report (including concept for the prevention of hazardous accidents and security management system) – prepare alarm and emergency plans – (and before accident hazard related changes) inform the general public via internet and in local newspapers about security measures taken – appoint an accident officer cb) Safety requirements according the Ordinance for Immission Control Officer – appointment of an immission control officer. It is possible that the duties of the accident and the immission control officer will be implemented by one and the same person. cc) General safety requirements (equipment and operational safety) – emergency – danger – defence plan – alarm and fire service action plan – documents of the pressure equipment and of explosive equipment (CE– conformity declarations, CE–marking) – explosion protection documents – this document must state that explosion hazards are identified and evaluated, adequate precautions are taken and the explosive areas are classified into zones (EX–zones) – electrical circuit diagram (electrical safety) cd) Safety distances The determination of the safety distances depends on the local conditions. There is not common method available to determine the internal safety distances inside the facility/plant. An external safety distance is the minimum distance between the potential hazardous area and a building or a public structure (street, rail way etc.), which is external to the facility/plant enclosure. The external safety distances are determined on the basis of the risk assessment according to the Ordinance on Industrial Safety and Health.
Question 1 What are the main requirements with their applicable regulations for building a hydrogen production facility (e.g. permitting regime, agreement) apart from the land use planning? Please list them including: d - others
d - Occupational safety requirements – general requirements of the Occupational Safety Act and the Ordinance on Workplaces – requirements of Industrial professional associations (Berufsgenossenschaften). They are legally authorized to lay down accident prevention regulations as an autonomous right. The regulations have to be adopted by the Federal Ministry of Labour and Social Affairs.
Describe the comparable technology and its relevance with regard to hydrogen
Plants for production of chemicals, industrial gases

National legislation:

EU Legislation:

  • 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 2010/75/EU on industrial emissions (integrated pollution prevention and control (IED)
    The Directive, which applies to the production of hydrogen (production on an industrial scale by chemical or biological processing) (Annex I, point 4.2) contains inter alia:
    • Basic obligations of the operator (Article 11)
    • The content of permitting applications (Article 12)
    • Permitting Conditions (Article 14)
    • Emission limit values, (Article 15)
    • Monitoring requirements (Article 16)
    • Access to information and public participation (Article 24)

    The meaning of "production on an industrial scale by chemical or biological processing in Annex I section 4" has been clarified by the EU Commission, in support of transposition and implementation measures. :

    Annex I Section 4 (“chemical industry”) refers to “production on an industrial scale” and contains no quantitative capacity thresholds. The scale of chemical manufacture can vary from a few grams (of a highly specialised product), to many tonnes (of a bulk chemical product); yet both may correspond to “industrial scale” for that particular activity.

    Various criteria should be taken into account to decide whether production is “on an industrial scale”, including such factors as the nature of the product, the industrial character of the plant and machinery used, production volume, commercial purpose, production solely for own use, environmental impact. Such considerations should take account of the primary objective of the IED as expressed in Article 1 as to "prevent or, where that is not practicable, to reduce emissions into air, water and land and to prevent the generation of waste, in order to achieve a high level of protection of the environment taken as a whole", complemented by the general principle set in Article 11 (c) that "no significant pollution is caused".

    The fact that the activity is carried out for "commercial purposes" may be a strong indicator of "industrial scale", […] However, it may not be sufficient to use the “commercial purpose” of an activity as the sole determinant of "industrial scale". It may also be important to take into account the potential environmental impact of a production sequence.


    Directive 2010/75/EU established an integrated approach towards prevention and control. This integrated approach means that the permits must take into account the whole environmental performance of the plant, covering e.g. emissions to air, water and land, generation of waste, use of raw materials, energy efficiency, noise, prevention of accidents, and restoration of the site upon closure. The permit conditions including emission limit values must be based on the Best Available Techniques (BAT).
  • 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.
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  • Council Directive 98/24/EC of 7 April 1998 on the protection of the health and safety of workers from the risks related to chemical agents at work
    The requirements of this Directive apply where hazardous chemical agents are present or may be present at the workplace (Article 1.2). When applicable, the Directive imposes certain obligation on the employers
    • Determination and assessment of risk (Article 4)
    • General principles for prevention of risks (Article 5)
    • Specific protection and prevention measures (Article 6)
    • Arrangements to deal with accidents (Article 7)
    • Information and training for workers (Article 8)
  • Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage
    The Environmental Liability Directive (“ELD”) establishes a framework of environmental liability, based on the "polluter-pays" principle, to prevent and remedy environmental damage. The ELD places the financial consequences of certain types of harm caused to the environment on the economic operator who caused this harm. It covers: (a) “damage to protected species and natural habitats” (b) “water damage” and (c) “land damage”.

    Additionally, where imminent threats exist or when required by the competent authority operators are required to take preventive measures.

    The Directive applies to the production to Hydrogen by reference to Annex I, point 4.2 of Directive 2010/75/EU on industrial emissions
  • European Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances [CLP regulation]
    The CLP Regulation (Classification, Labelling and Packaging of substances and mixtures) entered into force on the 20th of January 2009 and replaced the two previously existing laws or legal instruments, the Dangerous Substance Directive (DSD) and the Dangerous Preparation Directive (DPD). CLP is based on the Globally Harmonized System (GHS), a set of recommendations drafted by the United Nations. The CLP Regulation is applied to substances since 2010 and to mixtures since June 2015.

    The Regulation includes hydrogen in its list of substances of hazardous substances (Part 3, Table 3.1) establishes rules for the harmonised classification and labelling of hydrogen.
  • Directive 2009/104/EC of the European Parliament and of the Council of 16 September 2009 concerning the minimum safety and health requirements for the use of work equipment by workers at work
    The general provisions of Chapter II (Employers obligations) apply. However, this legislation applies broadly and is not to be regarded as hydrogen specific.
  • 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