Hydrogen and Fuel Cell Safety Fuel Cell and Hydrogen Energy Association US Department of Energy
Hydrogen and Fuel Cell Safety Fuel Cell and Hydrogen Energy Association US Department of Energy







Join Our Mailing List

You are here:Archives > March 2010 > Regulatory Affairs
March 2010

The Value and Necessity of Regulatory Affairs
Robert Wichert, U.S. Fuel Cell Council


Regulatory Affairs provides a basis for product safety and commercialization by ensuring manufacturers the ability to sell products that comply with local, national and international laws as well as helping to minimize legal risks associated with product safety. No company wants to sell an unsafe product. National and international standardization allows all stakeholders to provide their input to safety, interchangeability and performance standards for the benefit of everyone. In North America, standards provide the basis for the UL, CSA and other laboratory listing and labeling required to satisfy insurance underwriting concerns for the entire distribution chain without excessive laboratory investigation fees, saving money for manufacturers compared to “going it alone”. Standards and recommended practices also provide the basis for achieving compliance with regulations such as Federal Motor Vehicle Safety Standards; Building and Fire Code Regulations; Consumer Product Safety Commission Regulations; National and International Air, Ground and Sea Transport Regulations; as well as local, state, national and international laws regarding occupational safety, consumer protection, hazardous materials, recycling, waste disposal and more. Fuel quality and accuracy of fuel dispensing for all fuels, not just gasoline and hydrogen, is a vital consumer protection function and such quality and accuracy is mandated throughout the world.

International Standards provide the basis for compliance with European Directives and other laws that regulate products and services in Europe and Asia. The “CE” certification requires such compliance and international standards are a recognized path to compliance. Japanese standards are harmonized with international standards for this reason.

The risk of recalls and litigation is minimized by having proper safety standards developed by stakeholders in such a manner that the products are designed properly and manufactured in compliance with recognized industry guidance.

When tax legislation, government incentives, Energy Star certification or other performance requirements need to be met, industry developed performance standards provide a level playing field for everyone. In addition, performance standards provide guidance for consumers, allowing them to choose the best products to suit their needs and their budget.

Interchangeability standards can provide access to markets for component manufacturers as well as access to low cost components for manufacturers where they deem it appropriate.

Fuel Cell and Hydrogen Cargo Shipping – An update
The US Fuel Cell Council has continued our successful multi-year effort to obtain standardized international regulatory approval for cargo shipment of fuel cells and fuel cell vehicles, and approval to carry fuel cells and their fuels on passenger aircraft as carry-on baggage. The ICAO and the UN recognize the USFCC as the voice of the industry. The USFCC has consultative status at the United Nations Sub-Committee of Experts on the Transport of Dangerous Goods (UN SCETDG) and participatory observer status at the International Civil Aviation Organization Dangerous Goods Panel (ICAO DGP). The ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air now allow passengers and crew to bring on board all fuel types and their fuel cell devices as carry-on baggage. This change, obtained through the efforts of the USFCC in 2007, took effect on January 1, 2009. This change has also been adopted in the US, partly through the efforts of the USFCC. The ICAO DGP approved changes to the ICAO Technical Instructions proposed by the USFCC in November of 2009 that will allow most fuel cell fuel cartridges to be carried as checked baggage, starting in 2011.

The ICAO DGP also approved changes to the ICAO Technical Instructions proposed by the USFCC in November of 2009 that will allow fuel cell cartridges to be shipped as “limited quantities” under certain circumstances to make shipping of these small quantities easier while not increasing risk to the public.

The ICAO DGP also approved changes to the ICAO Technical Instructions co-authored by the USFCC in cooperation with IATA in November of 2009 that will allow fuel cells using “satellite cartridges” to be carried on board as carry-on baggage, along with their cartridges.

In addition to changes to the ICAO Technical Instructions involving small fuel cells and fuel cell cartridges discussed above, the ICAO DGP also approved changes to the ICAO Technical Instructions in November of 2009 that will allow fuel cell vehicles and fuel cell engines to be treated the same as other vehicles and engines using similar fuels. This equitable treatment for fuel cell vehicles and fuel cell engines was preceded by changes to the United Nations Recommendations on the Transport of Dangerous Goods, Model Regulations, proposed by the USFCC in 2008 and approved by the UN SCETDG in December of 2008.

The ICAO DGP also agreed in November of 2009 to revise the ICAO Technical Instructions to allow routine shipment of hydrogen stored in metal hydrides, without special permits or special permissions from the various country authorities. This change followed successful proposals made by the USFCC to the UN SCETDG in December of 2008. All of the changes to the ICAO Technical Instructions discussed above will take effect on January 1, 2011.

The International Maritime Organization Dangerous Goods Code was also recently revised using suggested language from the USFCC, along with revisions already accomplished by the USFCC at the UN SCETDG, to provide for proper treatment of fuel cell vehicles and fuel cell engines when transported by seagoing vessel.