Regulatory Framework for Hydrogen in the U.S. 

Summary

The regulatory framework for hydrogen in the United States is fragmented, complex, involves multiple government agencies, and includes federal, state, and local regulations and safety standards. In addition, new regulations for hydrogen storage, transport, and usage may be developed as hydrogen technologies evolve and the clean hydrogen market expands.  

This document outlines a non-exhaustive list of existing federal and state regulations that may be applicable to the pre-construction and construction, operations and production, storage, transport, and end use of hydrogen projects in the U.S.; public participation opportunities in U.S. federal permitting processes; and examples of state regulations that apply to different parts of the hydrogen value chain.  

Hydrogen regulation at the federal level 

Various federal agencies have jurisdiction across the hydrogen value chain, as depicted in Figure 1 below. 

Figure 1. Agencies that oversee hydrogen value chain in the U.S.¹  

Federally funded hydrogen projects, including those funded under U.S. Department of Energy’s (DOE) Regional Clean Hydrogen Hubs Program, are also subject to compliance with the National Environmental Policy Act (NEPA) and other federal requirements. For example, in conjunction with the NEPA compliance process, DOE may have to either formally or informally consult with the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) per Section 7 of the Endangered Species Act (ESA) to ensure proposed actions are not likely to jeopardize endangered or threatened species or destroy or adversely modify critical habitat for such species. DOE may also have to consult with the Advisory Council on Historic Preservation, State Historic Preservation Officers, Tribal Historic Preservation Officers, American Indian tribes, and interested parties if proposed actions have the potential to impact historic properties in compliance with Section 106 of the National Historic Preservation Act (NHPA). CATF provided recommendations to DOE for structuring the NEPA process for hydrogen hubs, including how to coordinate with other agencies, support applicants, and support the public.  

Federal initiatives on hydrogen regulation 

The Hydrogen Interagency Task Force (HIT) – comprised of the U.S. Department of Agriculture (USDA), Commerce, Department of Defense (DoD), DOE, Department of Interior (DOI), Department of Labor (DOL), Department of State, Department of Transportation (DOT), Treasury, Environmental Protetion Agency (EPA), National Auronautics and Space Administration (NASA), Office of Science and Technology Policy (OSTP), and Small Business Association (SBA) – works to advance a whole-of-government approach to executing the U.S. National Clean Hydrogen Strategy and Roadmap. 

In August 2024, DOE’s Hydrogen and Fuel Cell Technologies Office (HFTO) announced nearly $62 million for 20 projects across 15 states under a Funding Opportunity Announcement to Advance the National Clean Hydrogen Strategy. Seven projects received $1 million each ($7 million total) under Topic 4: Enabling Permitting and Safety for Hydrogen Development. These projects “will determine the primary challenges to siting, permitting, and installation across the value chain from hydrogen production through end-use and help identify opportunities to address them.”² 

Table 1. Projects selected for Enabling Permitting and Safety for Hydrogen Deployment³ 

Project Title	Project Lead	City/State	Project Partners
AI Assistant for Permitting and Safety Training for Hydrogen Deployment	GE Vernova Operations LLC	Greenville, South Carolina	Clemson University; Roper Mountain Science Center
Developing Permitting Guidelines for Hydrogen Refueling Stations in Georgia	Southern Company Gas	Atlanta, Georgia	Clean Cities Georgia; Electric Power Research Institute; Georgia Public Safety Training Center – Fire Academy; GTI Energy
Empowering Hydrogen Futures: Advancing Permitting, Safety, and Deployment Strategies for Sustainable Hydrogen Infrastructure in New York State	Krueger Transport LLC	Avondale, Arizona	Air Liquide; Center for Hydrogen Safety, Central New York Regional Transportation Authority; Clean Communities of Central New York; Empire Clean Cities; Energetics; James Baldwin Outdoor Learning Center; Rap4Bronx (The Skyline Foundation); Rochester-Genesee Regional Transportation Authority
First Responder Hydrogen Training: Streamlining and Permitting and Safety for Hydrogen Development	American Institute of Chemical Engineers	New York, New York	Campbell Technical Solutions; International Association of Firefighters; Long Beach Fire Department; National Fire Association; New York City Fire Department; New York State Energy Research and Development Authority; Pacific Northwest National Laboratory; Port Authority of Long Beach; Port Authority of New York/New Jersey
Hydrogen Permitting Issues and Improvement Studies	Regents of the University of California at Riverside	Riverside, California	GHD; Hydrogen Technologies, LLC; Sandia National Laboratories
Powering Up for Clean Hydrogen: Supporting States in Decarbonizing the Medium- and Heavy-Duty Transportation Sector through State and Community Coordination on Permitting and Safety	National Association of State Energy Officials	Arlington, Virginia	Fuel Cell and Hydrogen Energy Association; Great Plains Institute; Greater New Orleans Development Foundation; Kentucky Office of Energy Policy; Louisiana Clean Fuels; Louisiana Department of Energy and Natural Resources; New Mexico Energy, Minerals and Natural Resources Department, Energy Conservation and Management Division; Oklahoma Department of Commerce, Tennessee Department of Environment and Conservation, Office of Energy Programs
Streamlining Permitting and Safety for Hydrogen Deployment	International Code Council, Inc.	Washington, D.C.	Campbell Solutions; Center for Hydrogen Safety; Pacific Northwest National Laboratory; Permit Tech Nation

Hydrogen regulation at the state level 

Regulations and permitting processes for air and water quality, waste management, and land use may vary significantly by state. Some states are authorized to assume permitting responsibilities for permit programs administered by EPA, such as under the National Pollutant Discharge Elimination System program (created by the Clean Water Act), Clean Air Act, and Class VI Underground Injection Control (UIC) (created under the Safe Drinking Water Act). Relevant to blue hydrogen projects, EPA can grant primary enforcement responsibility (primacy) to states under the Class VI UIC program. To date, North Dakota, Louisiana, and Wyoming have primacy for all well classes, including Class VI.⁴ 

States and localities sometimes have their own wetland permitting requirements in addition to the federal Clean Water Act (CWA) section 404 dredge and fill permitting program. Sometimes, CWA section 401 certification and CWA section 402 stormwater permitting are wrapped into the state permit. If there is water use for construction or operation, some states require a water use/consumptive use permit. There are also state requirements for threatened and endangered species (e.g., state Fish and Wildlife agencies) for project construction and operation.  

In addition to federal regulations, federal NEPA compliance, and state regulations, several states have established their own environmental policy acts that are similar to NEPA and include their own environmental review requirements. Information about state environmental policy acts can be found on Council on Environmental Quality’s (CEQ) website, “States and Local Jurisdictions with NEPA-like Environmental Planning Requirements.” 

This document provides examples of state regulations but does not cover all states. As a result, early consultation with state environmental agencies is essential to identify and comply with all applicable laws and standards.

Recent State Hydrogen Legislation  

State	Initiative	Description
California	Senate Bill 14205	Amends the Public Resources Code to expand the types of facilities eligible to be certified as an environmental leadership development project by the Energy Commission to include hydrogen production facilities and associated onsite storage and processing facilities that do not derive hydrogen from a fossil fuel feedstock and that receive funding from specified state and federal programs.
California	Senate Bill 9056	Requires the California Air Resources Board (CARB) to establish a “Carbon Capture, Removal, Utilization and Storage Program” to evaluate carbon capture, utilization, and storage (CCUS) and carbon removal (CDR) technologies and adopt regulations for a unified permit application for construction of CCUS projects.
Louisiana	House Concurrent Resolution 647	Creates a Clean Hydrogen Task Force to study and make recommendations on the clean hydrogen industry in the state, including an assessment of project permitting and regulatory structures.
Pennsylvania	Carbon Capture and Sequestration Act, Senate Bill 831 (Act 87) 8	Act 87 was signed into law in July 2024 to establish the legal and regulatory framework for potential CCUS in Pennsylvania. This is relevant for blue hydrogen projects in Pennsylvania, including those in the Appalachian Regional Clean Hydrogen Hub (ARCH2).
South Dakota	House Bill 10349	Requires hydrogen pipelines to be permitted by the Public Utilities Commission.
Texas	House Bill 284710	Gives jurisdiction to the Railroad Commission of Texas (RRC) over pipeline transportation and underground storage of hydrogen. House Bill 2847 also created the Texas Hydrogen Production Policy Council and tasked it with providing recommendations to the state Legislature on the oversight and regulation of hydrogen production, pipeline transportation, and storage.
West Virginia	House Bill 2814, (Hydrogen Power Task Force)11	Establishes the Hydrogen Power Task Force to produce a study on hydrogen-fueled energy in West Virginia’s economy and energy infrastructure. The study will include a review of regulations and legislation needed to guide a hydrogen energy ecosystem in the state.

Hydrogen regulation at the local level 

At the local level, land use and environmental permit requirements, codes, and ordinances vary across the U.S. and may fall under county, city, and/or local jurisdictions. Early consultation with local government entities is essential to identify the applicable permit requirements for siting, land use, building codes, and zoning ordinances. 

There will be varying levels of requirements at the local and county levels over hydrogen projects with which developers will have to comply. The regulatory landscape at the state and local level for hydrogen projects may continue to shift, and developers should check in with local and state authorities for the latest siting requirements and ordinances. For example, the Regulatory Assistance Project and Clean Air Task Force developed a report cataloguing state renewable energy siting policies across the United States, profiling all 50 states plus Puerto Rico. The report details state and local authority over siting, land use, certificates of public convenience, and public utilities. While the report is focused on renewable energy, the same or similar requirements for siting authority and level of state preemption over local authorities may also be or become relevant for hydrogen.  

Preconstruction and construction 

Construction of a hydrogen production facility in the U.S. involves multiple federal, state, and local regulations and requires compliance with environmental, safety, and building standards. 

Federal

Agency	Statute/Regulation	Purpose
EPA	Clean Air Act   New Source Review*  41 U.S.C §§ 7475, 7479, 7501, 7502	New Source Review (NSR) pre-construction permits are required for certain projects that emit air pollutants regulated by the EPA. There are three categories of these pre-construction permits, depending on the location and size of the source. (1) “Major sources” of emissions in areas designated “attainment” or “unclassifiable” for National Ambient Air Quality Standards (NAAQS) must obtain a “Prevention of Significant Deterioration” or PSD permit.12 (2) Major sources in “nonattainment” areas must obtain nonattainment NSR permits.13 (3) Minor sources that do not exceed major source emissions thresholds must obtain a minor source NSR permit.14
USACE/EPA	Clean Water Act § 404*15, codified at 33 U.S. Code § 1344	Requires permit to discharge dredged or fill material waters of the United States.
OSHA	OSHA Standard  29 C.F.R. §1910.119	Public Safety Management (PSM) standard of highly hazardous chemicals; includes requirements for preventing or minimizing the consequences of catastrophic releases of toxic, reactive, flammable, or explosive chemicals. Applicable to project design, construction, and operation of hydrogen generation and storage facilities.

State/Local 

State and local regulations listed in the table below and for state/local tables throughout this document include generic descriptions of typical state permitting requirements. Examples of applicable state agencies include California Environmental Protection Agency, Louisiana Department of Environmental Quality, Pennsylvania Department of Environmental Protection, and Texas Commission on Environmental Quality. 

Agency	Area of Authority
State Water Quality	Groundwater discharge permit.
State Water Quality	CWA section 401 provides that “any applicant for a Federal license or permit to conduct ant activity including . . .construction or operation of facilities, which may result in any discharge into the navigable waters” must receive certification from the state, interstate agency, or authorized tribe with jurisdiction over the discharge.  While this requirement derives from federal law and is overseen by EPA, developers submit certification requests to states where the discharge will occur.
State Water Quality	Most states administer CWA section 402 National Pollutant Discharge Elimination System (NPDES) permits, which are required if the facility discharges wastewater or stormwater into U.S. waters.  Requires preparation of a Storm Water Pollution Prevention Plan (SWPPP).
State Water Quality	Construction permit for stormwater control.
State Water Quality	Construction permit for soil and erosion control.
State Water Quality	Water use – consumptive use permit for construction/operation.
State Water Quality	Wetland permitting requirements additional to EPA 404.
State Air Quality	Small source exemption – Construction and operations permit exemption for air quality emissions.
State OSHA	State rules under state OSHA, where applicable.
Local	Building permit.
County/local zoning board	Zoning – conditional use permit authorizing land use.

State example: The Texas Commission on Environmental Quality (TCEQ) oversees air and water permitting for hydrogen facilities in the state. Texas has two air permitting programs: New Source Review (NSR) and Title V Federal Operating Permits. NSR is a preconstruction permitting program authorized by the Texas Clean Air Act and Title I of the Federal Clean Air Act. NSR permits must be issued by TCEQ prior to new construction or modification of an existing facility.¹⁶ 

Operations and production 

Regulatory compliance requirements for hydrogen facility operation and production may vary depending on scale, location, and the method of hydrogen production (e.g., electrolysis, steam methane reforming with or without carbon capture, bio-gasification with or without carbon capture, etc.). Once operational, hydrogen production facilities must monitor and report their GHG emissions, waste, and water usage to regulatory agencies. 

Federal

Agency	Statute/Regulation	Purpose
EPA	Clean Air Act   Title V*  40 C.F.R. Parts 70, 71	Title V permits are required for any major source that has actual or potential emissions at or above the major source threshold for an “air pollutant.” Title V permits are operating permits (compared to NSR permits, which are construction permits).
EPA	Hydrogen Production, 40 C.F.R. Part 98 Subpart P	Requires owners/operators of facilities that produce hydrogen to report emissions from production on an annual basis.
EPA	Risk Management Program (RMP), 40 C.F.R. § 68.10	Requires facilities holding more than a threshold quantity of a regulated substance in a process to develop a Risk Management Plan and submit that plan to EPA.
EPA	Resource Conservation and Recovery Act (RCRA)*, 40 C.F.R. § 30.16	Requires permits for hazardous waste generation, storage, and disposal.
EPA	Greenhouse Gas Reporting Program (GHGRP), 40 C.F.R. § 98.1	Facilities emitting significant quantities of CO2 or other GHGs are required to report emissions.
OSHA	Hazardous Materials, 29 C.F.R. § 1910.103	Compliance with safety standards.

Specific to carbon-based hydrogen 

Agency	Statute/Regulation	Purpose
EPA	Clean Air Act*	Permits may be required based on emission levels of air pollutants from hydrogen production facilities.

State/Local

State and local regulations listed in the table below and for state/local tables throughout this document include generic descriptions of typical state permitting requirements.  

Agency	Area of Authority
State Air Quality	Air quality
State Department of Environmental Quality/Waste Management/Solid and Hazardous Waste	Solid waste
State Department of Environmental Quality/Waste Management/Solid and Hazardous Waste	Hazardous waste
State Water Quality	Most states administer CWA section 402 NPDES permits for water discharge from production facilities, potentially including SWPPP
State Department of Labor	Compliance with safety standards
Public Health Department or Environmental Protection	Wastewater system permit

State example: Hydrogen production through steam methane reforming may require plan approval and operating permits from Pennsylvania’s Department of Environmental Protection (DEP) under Pennsylvania’s Air Pollution Control Act.

Storage

Regulations and permit requirements for hydrogen storage may depend on the storage method: compressed gas storage, liquid hydrogen storage, geological storage, or material-based storage (i.e., conversion into other chemicals like ammonia). 

Federal

Agency	Statute/Regulation	Purpose
FAA	14 C.F.R. § 420.66	Dictates the separation distance requirements for storage of liquid hydrogen and any incompatible energetic liquids.
EPA	Underground Injection Control Program, 40 C.F.R. 144, 146*	Authorization to inject hydrogen for the purposes of subsurface storage and associated permits.
EPA	Risk Management Program (RMP), 40 C.F.R. § 68.10	Requires facilities that use holding more than a threshold quantity of a regulated substance in a process to develop a Risk Management Plan and submit that plan to EPA.
OSHA	Hazardous Materials, 29 C.F.R. § 1910.103	Dictates the safety of the structural components and operations of gaseous and liquid hydrogen storage and delivery.
PHMSA	Underground Natural Gas Storage Facilities, 49 C.F.R. § 192.12	Regulations for underground natural gas storage facilities. As “natural gas is not currently defined in this regulation as containing any particular molecule or chemical makeup, it is possible that UHS currently falls under the jurisdiction of this” regulation.17

State/Local

State and local regulations listed in the table below and for state/local tables throughout this document include generic descriptions of typical state permitting requirements.  

Agency	Area of Authority
State Department of Water Quality	Underground injection control (UIC) permit
State Water Quality/Water Rights	Production water well permits for drilling
State Water Quality/Water Rights	Monitoring well drilling permits
County	Conditional use permit
County	Permit required for storage facility construction
Local zoning board	Hydrogen storage locations are subject to local zoning laws and a zoning permit may be required

State examples: In Texas, the Railroad Commission of Texas (RRC) governs underground storage of hydrogen in salt formations and requires a Class VI UIC permit prior to developing a salt cavern for hydrogen storage.¹⁸  To create, operate, and maintain an underground gas storage facility, an operator must obtain a permit from the RRC and follow the RRC’s standards and safety requirements outlined in the relevant regulation. 

Additionally, to drill an injection well in Pennsylvania to store CO₂ captured from blue hydrogen production, injectors need a Class VI permit from the EPA and a permit to drill from the Pennsylvania Department of Environmental Protection (DEP).

Transport 

Hydrogen is primarily transported through pipelines or by truck with the potential to be transported by rail or ships. The U.S. Department of Transportation (DOT) has primary authority to regulate the safety of inter- and intrastate energy commodity pipelines, including hydrogen.¹⁹ DOT classifies hydrogen as a Class 2.1 Flammable Gas under its Hazardous Materials Regulations. There are approximately 1,600 miles of hydrogen pipelines in the country,²⁰ and 700 miles of hydrogen pipelines are currently under the regulatory jurisdiction of the DOT Pipeline & Hazardous Materials Safety Administration (PHMSA).²¹ 

Federal

Agency	Statute/Regulation	Purpose
Road
PHMSA	49 C.F.R. Parts 172, 173, 177, 178, 180	Part 172 – lists and classifies hazardous materials for transportation, requirements for papers, markings, labeling, and vehicle placarding.  Part 173 – requirements for preparing hazardous materials for shipment, and inspection, testing, and other requirements for transportation of hazardous materials via public highways.  Part 173.318 – includes reequipments for use of insulated MC-338 cargo tanks for cryogenic hydrogen transportation.  Part 173.302 – covers bulk cylinders for compressed, non-liquefied H2.  Part 177 – loading and unloading practices.  Part 178 – includes details on design and approval of shipping containers, including cylinders and tanks.  Part 180 – specifications for maintenance and qualification of packaging and containers used for transportation of hazardous materials.
FHWA	233 C.F.R. Part 658, 924	Regulates highway safety including bridges, tunnels, and other associated elements. Nothing is specified for transportation of hazardous materials.
FTC	16 C.F.R. Part 306	Regulates labeling requirements for alternative fuels, which is required when transferring fuel between two entities. This regulation describes certification and posting of automotive fuel ratings in commerce.
FMCSA	49 C.F.R. Part 356, 389, 397	Part 356 – motor carrier routing regulations.  Part 389 – general motor safety regulations.  Part 397 – transportation of hazardous materials; driving and parking rules.
Pipelines
PHMSA	49 C.F.R. Part 192, 195	Prescribes minimum safety requirements for pipeline facilities, pipelines, and the transportation of gas or hazardous liquids within the limits of the outer continental shelf.  § 192.3 – defines “gas” as “natural gas, flammable gas, or gas which is toxic or corrosive.”
FERC	18 C.F.R. Parts 153, 157, 284	FERC has jurisdiction over interstate pipelines carrying blended natural gas and H2, but for pure hydrogen pipelines, no federal regulation over siting and construction currently exists (see relevant state regulations).
USCG	33 C.F.R. Part 154	Regulations for facilities transferring hazardous materials back and forth from a vessel to a facility. Sets requirements for natural gas transported via pipeline but also includes other flammable gases in the scope and definition.

State/Local

State and local regulations listed in the table below and for state/local tables throughout this document include generic descriptions of typical state permitting requirements.  

Agency	Area of Authority
State DOT	Routing of non-radioactive hazardous materials.
Pipelines
Note: there is currently no federal regulation over the siting & operation of pure hydrogen pipelines, so developers must look to relevant state and local rules (including multiple state laws if the pipeline crosses state lines).
State public utilities commission or similar	Hydrogen pipelines permit, siting and permitting requirements for linear infrastructure of a certain size.

State examples: For road, the Texas Department of Transportation regulates routing for non-radioactive hazardous materials.²²  The Texas DOT, in turn, publishes non-radioactive materials routing maps.²³   

For pipelines, the Railroad Commission of Texas (“RRC”) has regulatory authority over intrastate hydrogen pipelines in Texas. Hydrogen pipeline operators must obtain a pipeline permit, to be renewed annually, from the RRC (regardless of whether they are common carriers or not).²⁴ Operators must follow additional requirements if they are common carriers.²⁵  Pipeline routes that enter coastal zones in Texas may require a Coastal Management Program Consistency Statement under the Coastal Zone Management Act, administered by the Texas General Land Office.²⁶ 

Additionally, in South Dakota, the Public Utilities Commission has regulatory oversight and permitting authority over the construction of hydrogen and carbon dioxide pipelines within the commission’s siting jurisdiction.²⁷  

End-Use 

Potential end-uses for hydrogen include crude oil refining, petrochemicals production, ammonia production, methanol production, steel and iron production, renewable fuels production, sustainable aviation fuels, marine shipping fuel, and heavy-duty trucking fuel. Marginal applications for hydrogen end-use include power generation, natural gas blending, and seasonal energy storage.²⁸ Different end-uses of hydrogen may be subject to different regulations and permit requirements. The table below contains examples of regulations that apply to hydrogen end-uses, but given the many regulations that can apply to these end-uses (many of which are not specific to hydrogen), the table is not exhaustive. 

Federal

Agency	Statute/Regulation	Purpose
Chemical and Industrial
EPA	40 C.F.R. Part 98	Chemical and industrial use; requires GHG reporting by applicable facilities, including related to general stationary combustion and other applicable source categories.
OSHA	29 C.F.R. Part 1910	Chemical and industrial use; dictates the safety of the structural components and operations of gaseous and liquid hydrogen in terms of storage as well as delivery.
Electricity Production
DOE	10 C.F.R. Part 503, 504	New baseload powerplants including the use of alternative fuels as a primary energy source.
EPA	40 C.F.R. Part 60	GHG emissions from fossil fuel-fired electric generating units.
FERC	18 C.F.R. Part 292	Regulation of small power production and co-generation.
Consumer and Commercial Vehicles
FHWA	23 C.F.R. Part 658	Regulates the size and weight of trucks.
NHTSA	49 C.F.R. 571	Federal Motor Vehicle Safety Standards.

State/Local

As explained above, hydrogen can be used in many different end-uses, and each will have their own state regulatory requirements depending on the end-use. Some may be specific to hydrogen (see the state example below), and some may be more general to the end-use, such as requirements for electricity production and industrial operations. 

State example: The California Department of Food and Agriculture, Division of Measurement Standards requires hydrogen used in fuel cells to meet SAE International J2719 standard for hydrogen quality.²⁹  Additionally, California sets requirements for hydrogen refueling stations used for trucking, including station access, hydrogen quality (per SAE standards), fueling protocols, fire and safety awareness, and many other areas.³⁰ 

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