These rules are for England, with variations shown where they apply.
Get planning permission
A hydrogen plant needs planning permission from the local planning authority. Planning and environmental permitting are separate decisions: planning decides whether the land use is acceptable, and the permit decides whether the operation can be managed to prevent or minimise pollution. The Environment Agency's paid pre-application advice can help you run the two applications side by side.
Get an environmental permit
Producing hydrogen by electrolysis of water, or by other methods with carbon capture, is a Part A(1) activity under the Environmental Permitting (England and Wales) Regulations 2016. You apply to the Environment Agency whatever the size of the plant. A small plant may qualify for a low impact installation or standard rules permit, where one is available. A plant that captures CO2 from an installation for geological storage is a separate Part A(1) activity.
There are no best available techniques reference documents for hydrogen production by electrolysis, so the regulators publish emerging techniques guidance. When you apply, you must say whether you will follow that guidance. If you will not, you must propose an alternative approach that protects the environment as well or better.
If you operate without a permit that you need, or breach its conditions, you commit an offence.
Work out your safety duties from the hydrogen you hold
The hazardous substances authority must consult the COMAH competent authority before it decides. It has 8 weeks to decide unless you agree a longer period in writing, and you can appeal to the Secretary of State within 6 months if you are refused or object to a condition.
Meet the Low Carbon Hydrogen Standard if you want government support
The Hydrogen Production Business Model pays revenue support to producers to cover the gap between the cost of low carbon hydrogen and high carbon fuels. The support runs for 15 years under a private contract, the Low Carbon Hydrogen Agreement, with the Low Carbon Contracts Company. Projects win a contract through a Hydrogen Allocation Round. Projects that use carbon capture and storage can apply through the Cluster Sequencing Process instead.
Legal basis
Primary legislation and key regulations
Official guidance
Hydrogen Production Business Model (HPBM) (opens in a new tab)
Publication · GOV.UK
UK Low Carbon Hydrogen Standard (opens in a new tab)
Publication · GOV.UK
DSEAR guidance for construction (opens in a new tab)
HSE · Great Britain
HSE — COMAH (opens in a new tab)
HSE · Great Britain
Hydrogen production by electrolysis of water: emerging techniques (opens in a new tab)
Environment Agency
Hydrogen production with carbon capture: emerging techniques (opens in a new tab)
Environment Agency · England and Wales
HyCymru - Hydrogen Wales Network (opens in a new tab)
hydrogenh2.cymru · Wales
Pinsent Masons - UK Hydrogen Safety Law (opens in a new tab)
www.pinsentmasons.com
HSE Hydrogen Safety (opens in a new tab)
HSE
SEPA pollution prevention and control (opens in a new tab)
www.sepa.org.uk · Scotland
UK Low Carbon Hydrogen Standard Version 4 (PDF) (opens in a new tab)
GOV.UK
New UK certification to boost British hydrogen sector (opens in a new tab)
GOV.UK
UK Low Carbon Hydrogen Certification Scheme (opens in a new tab)
GOV.UK
UK Low Carbon Hydrogen Standard Methodology v3 (PDF) (opens in a new tab)
GOV.UK