DISCLAIMER:
This website is for use only as a guide to existing federal regulations and their applicability to aspects of a hydrogen economy, and is not inclusive of all possible regulations either now, or for the future. This website cannot be relied upon or used as a substitute for legal advice.
Regulations for a Hydrogen Economy
The purpose of this web page is to share and examine the current U.S. statutes and regulations that may be applicable to hydrogen as we move toward the increasingly complex business environment behind a hydrogen economy.
From processing and storing to transporting hydrogen by land, air, or sea, a complex chain of accountability exists to ensure the safe delivery and technical application fo hydrogen fuel. Our Interactive Map illustrates the multitude of regulatory considerations surrounding a hydrogen economy.
New! Go to the January 5, 2007 Federal Register Statement Regarding a Coordinated Framework for Regulation of a Hydrogen Economy to learn more about:
• current U.S. statutes and regulations that may be applicable to a hydrogen economy
• statutory and regulatory provisions of each major Federal agency
• potential application of those provisions to aspects of a hydrogen economy, such as:
- construction and certification of transportation/ports infrastructure
- use of fuel cells to power automobiles and generate electricity for homes and businesses
- effects on public safety and health.
New! Information on Understanding the Rulemaking Process
Current Regulatory Authorities
Legal Authority Applicable to a Hydrogen Economy
| By Transportation Mode |
Truck, Rail, Pipeline, Vessel, Air |
| Hydrogen-Powered Vehicles and Conveyances for Consumer Uses |
Automobile, Bus, Commuter Train/Rail, Trucks, Aircraft (Engines), Marine (Engines) |
| Fuel Cell Siting and Hydrogen Production, Distribution, Storage, Use, Dispensing, and Disposal |
Occupational Safety and Health Administration (OSHA) |
| Electricity Transmission and Sale When Generated from a Fuel Cell or Hydrogen Fuel |
Federal Energy Regulatory Commission (FERC) |
| General Comments on State and Local Jurisdictions |
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Please send technical comments and inquiries to William Chernicoff at hydrogenregs@dot.gov.
Legal Authority Applicable to Hydrogen Economy, sorted by Transportation Mode
By truck:
49 USC 31136 and 31502(b), 49 CFR Subpart E (Safety standards for commercial motor vehicles); 49 USC 5101 et seq ., 49 CFR Parts 171-180 (Hazardous Materials Regulations). Agencies: FMCSA, PHMSA
By rail:
49 USC 20101 et seq ., 49 CFR Pts. 209-236 ( All areas of railroad safety ). Agency: FRA, PHMSA
By pipeline:
49 USC 60101 et seq ., 49 CFR Part 192 (Pipeline Safety Regulations). Agency: PHMSA
By vessel:
49 USC 5101 et seq ., 49 CFR Parts 171-180 (Hazardous Materials Regulations). Agencies: PHMSA, USCG
33 USC 1221 and 1236 (Regulation of Dangerous Cargo Handling at Waterfront Facilities); 33 CFR 3, 110, 126, 161, 162, 164, and 165. Agency: USCG
46 USC 3306 (Regulation of Dangerous Stores on Inspected Vessels); 46 CFR Part 147. Agency: USCG
46 USC 3703-3703a and 46 USC 3701-3719 (Regulation of Liquid Bulk Cargo); 33 CFR Part 95; 46 CFR Parts 2, 3, 8, 15, 16, 24, 25, 26, 27, 30, 31, 32, 36, 38, 39, 46, 50, 52, 53, 54, 56, 57, 58, 59, 61, 62, 63, 64, 70, 71, 72, 76, 77, 78, 80, 90, 91, 92, 93, 96, 97, 98, 105, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 146, 147, 150, 159-164, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 188, 189, 190, 193, 194, 195, 196, 197, and 199. Agency: USCG
46 USC 3715 (Regulation of Hazardous Material Lightering); 33 CFR Part 156; 46 CFR Part 39. Agency: USCG
46 USC 3718(e) (Regulation of Vessel Clearance & Dangerous Liquid Bulk Cargo); 33 CFR Part 160. Agency: USCG
49 USC 5101-5127 (Regulation of Hazardous Materials in Commerce); 14 CFR Part 13, 46 CFR Parts 91,146, 150, and 153; 49 CFR 106, 107, 171-179, 190, 192, 195, 209, 301, 386, and 391. Agency: USCG
49 USC 5121(c) and 49 U.S.C. 5101-5127 (Authority to Inspect Records & Property Related to the Transport of Hazardous Materials); 14 CFR Part 13; 46 CFR 146; 49 CFR Parts 106, 107, 171-179, 191, 192, and 209. Agency: USCG
46 USC 3717 (Authorizes Collection of histories of tank vessel casualties.) Agency: USCG
46 USC 3201-3205 (Authorizes Secretary, Department of Homeland Security, to implement International Safety Management Code by Prescribing Regulations and Penalties Regarding Shipboard & Shore-based Management of Vessels and Personnel Engaged in foreign Commerce); 33 CFR 96, 46 CFR Parts 2, 31, 71, 91, 107, 115, 126, 170, 175, and 176. Agency: USCG
46 USC 3701 - 3702 (Inspection of Vessels Carrying Oil or Hazardous Materials); 33 CFR 151, 155, 156, 157; 46 CFR Parts 2, 30, 31, 32. Agency: USCG
46 USC 3703 (Regulation of Tank Vessels.) Agency: USCG
46 USC 3703a (Regulation of Double Hull Vessels); 33 CFR Part 157, 46 CFR Parts 30 and 31. Agency: USCG
46 USC 3704 (Systems for Tank Vessels in Coastwise Trade); 46 App. U.S.C. 883; 33 CFR Parts 151, 155, 156, 157. Agency: USCG
46 USC 3705, 3706, 3707, 3708 (Minimum Standards for Tank Vessels); 33 CFR Parts 151, 155, 156, 157; 46 CFR Parts 30, 31, 32. Agency: USCG
46 USC 3709 (Provides Authority to Exempt Vessels from Certain Minimum Tank Requirements); 33 CFR Part 151. Agency: USCG
46 USC 3710 and 3711 (Tank Vessel Evidence of Compliance); 33 CFR Part 151. Agency: USCG
46 USC 3713 (Tank Vessel Prohibited Acts); 33 CFR Part 151. Agency: USCG
46 USC 3714 (Tank Vessel Inspection Program); 33 CFR Part 151. Agency: USCG
46 USC 3718 (Penalties for Tank Vessel Violations); 33 CFR Part 151. Agency: USCG
33 USC 1228 (Control of Tank Vessel Port Entry); 33 CFR Part 110. Agency: USCG
By air:
Need aviation authority; 49 USC 5101 et seq ., 49 CFR Parts 171-180 (Hazardous Materials Regulations). Agencies: FAA, PHMSA
Legal Authority Applicable to Hydrogen Powered Vehicles and Conveyances for Consumer Uses
Automobile:
42 USC 7521-7590, 40 CFR Parts 80, 85, 86 (EPA). (Control of air pollution from new and in-use motor vehicles and engines). • 49 USC 30101 et seq., 49 CFR Parts 510-596 (NHTSA). (Safety standards for all motor vehicles). Agencies: EPA, NHTSA
Bus:
42 USC 7521-7590, 40 CFR Parts 80, 85, 86 and 88 (EPA). (Control of air pollution from new and in-use motor vehicles and engines). • 49 USC 5121, 49 USC 31136 and 31502(b), 49 CFR Subpart E (FMCSA). (Safety standards for commercial motor vehicles). • 49 USC 30101 et seq., 49 CFR Pts. 501-596, Working Part 29 (NHTSA). (Safety standards for all motor vehicles). Agencies: EPA, FMCSA, NHTSA
Commuter Train/Rail:
42 USC 7521-7590, 40 CFR Part 92 (EPA). (Control of emissions from locomotives and locomotive engines). Agency: EPA
Trucks: . 42 USC 7521-7590, 40 CFR Parts 80, 85, 86 (EPA). (Control of air pollution from new and in-use motor vehicles and engines). • 49 USC 5121, 49 USC 31136 and 31502(b) (FMCSA). (Safety standards for commercial motor vehicles; Requirements for qualifications, hours of service, safety, and equipment standards). • 49 CFR Subpart E (FMCSA). (Fuel systems on commercial motor vehicles). • 49 USC 30101 et seq., 49 CFR Pts. 501-596, Working Part 29 (NHTSA). (Safety standards for all motor vehicles). Agencies: EPA, FMCSA, NHTSA
Aircraft (engines):
42 USC 7571-7574, 40 CFR Part 87 (EPA). (Control of air pollution from aircraft and aircraft engines; emission standards and test procedures). Agency: EPA
Marine (engines):
42 USC 7521-7590, 40 CFR Part 91, 94 (EPA). (Control of air pollution from marine enginess). Agencies: EPA
Legal Authority Applicable to Fuel Cell Siting and Hydrogen Production, Distribution, Storage, Use, Dispensing, and Disposal
42 USC 6921, 6922, and 6924 (RCRA) 40 CFR Parts 261, 262, 264 (EPA). (Identification and Listing of Hazardous Waste, Standards Applicable to Generators of Hazardous Waste, Standards For Owners and Operators of Treatment, Storage and Disposal Facilities). • 49 USC 5101 et seq ., 49 CFR Pts. 171-180 (PHMSA). (Hazmat transportation, packaging, and inspection). Agencies: EPA, PHMSA
Occupational Safety and Health Administration (OSHA)
The Occupational Safety Health Administration's (OSHA's) mission is to assure the safety and health of America's workers by setting and enforcing standards; providing training, outreach, and education; establishing partnerships; and encouraging continual improvement in workplace safety and health. OSHA receives its authority to fulfill this mission through the Occupational Safety and Health Act of 1970, 29 USC 651, et seq. OSHA standards are contained in 29 CFR Part 1910 for General Industry, in Part 1926 for Construction Industry, and in Parts 1915, 1917, and 1918 for Maritime Industry. In the absence of specific OSHA standards, employers are obligated under Section 5(a)(1) – “the General Duty Clause” of the OSH Act to protect employees from serious recognized hazards.
NOTE: OSHA standards apply to private sector employers, and to agencies of the United States Government. OSHA standards do not apply to particular working conditions for which other federal agencies have issued worker safety or health regulations. States and their political subdivisions are required to comply with OSHA standards only in the 26 states and territories that administer OSHA-approved state plans.
This webpage is limited to providing guidance on OSHA standards which may be applicable to, or might be considered useful sources for information pertaining to, hazards related to workplace use of hydrogen. The worksites noted on this webpage may contain additional occupational hazards unrelated to hydrogen which may be covered by other OSHA standards. The omission of such standards from this webpage in no way limits their applicability.
The following standards, as noted above, may be applicable to, or might be considered useful sources for information pertaining to, hazards related to workplace use of hydrogen:
29 CFR §1910.38, Emergency action plans, provides for the content of an emergency action plan when an emergency action plan is required by another standard.
29 CFR §1910.101, Compressed gases (general requirements) contains requirements for compressed gases in containers including cylinders, portable tanks, rail tankcars, or motor vehicle cargo tanks. The inspection requirements of compressed gas cylinders are contained under 1910.101(a), the in-plant handling, storage, and utilization of all compressed gases in cylinders, portable tanks, rail tankcars, or motor vehicle cargo tanks under paragraph (b), and the safety relief device requirements for compressed gas containers in paragraph 1910.101(c).
29 CFR §1910.103, Hydrogen, contains requirements for hydrogen systems. Paragraph (b) of this section applies to gaseous hydrogen systems on consumer premises where the hydrogen supply originates outside the consumer premises and is delivered by mobile equipment. It does not apply to gaseous hydrogen systems having a total hydrogen content of less than 400 cubic feet, nor to hydrogen manufacturing plants or other establishments operated by the hydrogen supplier or his agent for the purpose of storing hydrogen and refilling portable containers, trailers, mobile supply trucks, or tank cars
Paragraph (c) under §1910.103 applies to liquefied hydrogen systems on consumer premises. The standard excludes liquefied hydrogen portable containers of less than
150 liters (39.63 gallons) capacity and liquefied hydrogen manufacturing plants or other establishments operated by the hydrogen supplier or his agent for the sole purpose of storing liquefied hydrogen and refilling portable containers, trailers, mobile supply trucks, or tank cars.
29 CFR §1910.119, Process safety management of highly hazardous chemicals, covers processes containing a threshold quantity of a highly hazardous chemical. A process is defined as “…any activity involving a highly hazardous chemical including any use, storage, manufacturing, handling or on-site movement of such chemicals, or combination of these activities.” The standard applies to flammable liquids and gases at a threshold quantity of 10,000 pounds or more, specified quantities of chemicals listed in Appendix A of the standard, and to the manufacture of explosives. Because hydrogen would be covered as a flammable gas, the PSM standard would apply to processes containing hydrogen in quantities of 10,000 pounds or more, with some exceptions.
29 CFR §1910.120, Hazardous waste operations and emergency response, contains requirements for emergency response operations. When there is more than an incidental release of Hydrogen, or a substantial threat of a release, then emergency response operations must comply with §1910.120(q)., “Emergency response to hazardous substance releases.”
29 CFR §1910.132(a), Personal protective equipment, requires that protective equipment, including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, shall be provided, used, and maintained in a sanitary and reliable condition wherever necessary …
29 CFR §1910.156 , Fire brigades contains requirements for the organization, training, and personal protective equipment of fire brigades whenever they are established by an employer. The requirements under 1910.156 apply to fire brigades, industrial fire departments and private or contractual type fire departments. Personal protective equipment requirements contained in this section apply only to members of fire brigades performing interior structural fire fighting.
29 CFR §1910.1200, Hazard communication requires that hazards associated with hydrogen must be conveyed to employees. In addition, the standard requires that the information be transmitted through a comprehensive hazard communication program, including, but not limited to, container labeling, material safety data sheets, and employee training on the hazards associated with handling hydrogen.
Legal Authority Applicable to Electricity Transmission and Sale when generated from a Fuel Cell or Hydrogen Fuel
Federal Energy Regulatory Commission (FERC)
The rates, terms, and conditions applicable to the transmission of electric energy in interstate commerce and to the sale of electric energy at wholesale ( i.e ., for resale) in interstate commerce by public utilities are subject to the authority of the FERC pursuant to Parts II and III of the Federal Power Act (FPA), 16 U.S.C. §§ 824, et seq .
General Comments on State and Local Jurisdictions
The regulatory role in a hydrogen economy for state and local jurisdictions includes, but is not limited to, health and safety regulations of local building and safety codes applicable to the use and generation of hydrogen. Many aspects of hydrogen fueling stations include tank and infrastructure installation and maintenance for hydrogen fueling operations, the design and structure of parking garages and any other infrastructure regulated by local governments and state governments.
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