DOT Gap Analysis: Time to Focus on Regulations
Karen Hall, National Hydrogen Association

Industry has come a long way in the past 10 years identifying needed standards for commercialization of hydrogen energy systems, and participating with Standards Development Organizations to develop these standards. In the past 5 years, industry has again come forward to support changes to the US model codes to allow the installation of hydrogen energy systems, including stationary applications and hydrogen refueling stations. These efforts, of course, must continue to meet commercialization timeframes.

Concurrent with continued development of appropriate codes and standards to ensure high levels of safety and environmental protection, industry must now review the current state of regulations that pertain to the transport of hazardous materials and determine whether they are adequate for the envisioned hydrogen economy.

Now, thanks to the U.S. Department of Transportation (DOT), we have a starting point for assessing existing regulations, and determining where research is needed to meet existing regulations or develop new ones, and where amendments may be necessary to enable the hydrogen infrastructure (see related article from July). DOT has identified key areas for hydrogen infrastructure, and the status of applicable regulations in those areas. DOT is actively encouraging stakeholder feedback on their report to assist in prioritizing efforts moving forward.

Hydrogen Infrastructure Safety Technical Assessment and Research Results Gap Analysis, DOT-T-06-01, April 2006, highlights the current state of key areas, and the criticality of these areas. It also assesses the current state of codes, standards and regulations for these areas. In many cases, regulations have not yet been addressed. For example, area 16.11, Odorization of Gas, has a criticality rating of high, and is considered in the report to not be addressed. Subpart L of 49 CFR 192 states that "a combustible gas in a distribution line must contain a natural odorant or be odorized so that at a concentration in air of one-fifth of the lower explosive limit, the gas is readily detectable by a person with a normal sense of smell."

As odorants compatible with hydrogen, particularly for use in fuel cells, have not been found, and equipment and processes to remove odorants at each point of use would be expensive, if not impractical, industry must come forward with recommendations. The current regulation may be unsuitable for hydrogen. Should hydrogen be odorized? If so, what odorant should be specified? Would that ensure the level of safety intended by the regulation, or would it add unnecessary expense without the intended level of safety? Should the regulation be amended to include other forms of detection? Should industry abandon the transport of hydrogen in distribution lines? Clearly this is an area where industry input is needed. There are many more such areas identified in the report.

Many of you have downloaded the report. I hope that you will join the NHA's effort to put together the issues and recommendations in a report for DOT so that we can move forward without regulatory roadblocks. Please send your issues, comments, and recommendations to Karen Hall at hallk@hydrogenassociation.org by August 25. Staff is currently drafting a report with input solicited from the NHA members, the U.S. Fuel Cell Council, the National Hydrogen & Fuel Cell Codes & Standards Coordinating Committee, and all interested stakeholders. The goal is to raise as many of the industry issues as possible by August 31, to facilitate an open dialog with DOT on September 15, at the In-Person meeting of the National Hydrogen & Fuel Cell Codes & Standards Coordinating Committee in Detroit, Michigan. See related announcement of In-Person meeting and Next Energy Codes & Standards Conference.

If you are interested in this activity but can not meet the August 25 deadline, please send your comments anyway. It is anticipated that the discussions will continue for several months. Please help us identify potential regulatory gaps to the commercialization and transport of hydrogen and hydrogen technologies, and which ones should have priority from an industry perspective.