Enter location
Overview of contacts
close all
show all


Application – Intention to construct and operate a public H2 fuelling station

1

Identification of the relevant licensing authority

Before creating the licensing application, the superordinate competent licensing authority must be identified. You can identify the relevant contact there by entering the city name in the search field below. The responsible licensing authority may vary according to state or municipality, i.e. different types of authorities could be the eligible contacts. In addition different licensing authorities may be responsible within one region, according to whether a H2-delivered fuelling station (where the H2 is delivered to the station) or a H2 fuelling station (where H2 is produced on site) is to be licensed. Following the identification of the licensing authority, a close contact should be built up with the relevant person there.

Please enter the planned location of the hydrogen filling station here:

2

Study of the complete approval process and relevant documents

From the applicant’s point of view, it is important to get a general idea of the content, scope, duration and cost of a licensing procedure.

Fundamentally the licensing procedure for a H2-delivered fuelling station and that for a H2 fuelling station must be distinguished from one another. If a H2-delivered fuelling station is planned, constructed and put into operation, an approval procedure must be put in motion in accordance with the Ordinance on Industrial Safety and Health as well as a building permit procedure as per the building regulations of the state.

Should on the other hand, a H2 fuelling station be planned or if more than 3t of H2 is to be stored at the location, a procedure is required under the Federal Immission Control Act (BlmSchG) and under state building regulations. Moreover, in the case of a concentrated procedure according to § 13 BImSchG, a fuelling station permit for refuelling vehicles according to § 13 of the Ordinance on Industrial Safety and Health (BetrSichV) should be applied for also.

3

Arrangement of a preliminary meeting with the licensing authority

When the future applicant has a general overview of the complete licensing process and the relevant documents, the licensing authority should become involved.

In order to get better acquainted with the general conditions on location, it is recommended that you inform the licensing authority about the location and its specific features.

At present the number of H2 facilities is very limited, with the result that few experience-based reports on the part of authorities exist. It is anticipated that already existing process standards from other procedures (e.g. natural gas fuelling stations) will be applied appropriately.

4

Discussion of plans with the licensing authority

The starting point, objective and approach are to be communicated to the visiting authority at the meeting. The licensing authority should get the opportunity to express and discuss opinions, questions and concerns at this meeting.

The early involvement of the relevant authority reduces the possibility that for example, a permit according to the Ordinance on Industrial Safety and Health (BetrSichV) is granted, but a building permit from the building regulatory agency is potentially not issued.

5

Detailed concept of the facility (technology and licensing stakeholder) as a first draft

On the basis of discussions with the licensing authority, a detailed concept should be established from which it is clear which specific requirements of the owner and which licensing requirements of the authority must be applied.

6

Arrangement of a kick-off meeting with the stakeholders

Before the license application is made it is advisable to hold a kick-off meeting with the most important project participants. According to the planning of the project leader, the group of participants may vary, as too may the communication platforms (workshops, meetings, etc.):

  • Licensing authorities (possibly incl. technical authorities)
  • Applicants
  • Advisers, planning office
  • Architectural/ engineering office
  • Authorised inspection body (ZÜS)
  • Equipment supplier
  • If applicable, H2 supplier (if different to equipment manufacturer)
  • Fire service
7

Discussion of the draft in the kick-off meeting, coordination with stakeholders

The following points should be topics in the first coordination meeting:

  • Site viewing (the location must be established before the authorities are identified)
  • Presentation of the overall concept (in particular the technical concept)
  • Determining the next steps, especially with reference to the licensing application
8

Arranging a follow-up meeting with the ZÜS experts and the equipment suppliers

The following link (available in German language only) provides a list of all authorised inspection bodies (ZÜS) of the Federal Institute for Occupational Safety and Health (Bundesanstalt für Arbeitsschutz und Arbeitsmedizin, BAuA) that can be used for the follow-up meeting with the ZÜS experts and the equipment suppliers: List of ZÜS experts (German language PDF, 64KB)

9

Meeting with ZÜS experts and equipment supplier

In order to fully understand the mode of operation of the H2 fuelling station and to provide the greatest possible level of transparency, the applicant should initiate a meeting between the ZÜS expert and the equipment supplier.

10

Commissioning of an expert opinion

The expert opinion, also known as the ZÜS report, contains an audit in accordance with the Ordinance on Industrial Safety and Health (BetrSichV). The test normally consists of:

  • Specification of the inspection scope in the form of tasks
  • The regulations applied for the assessment
  • Documentation submitted by the applicant
  • The description of the facilities
  • The assessment of the planned facilities
  • The procedures in operating the fuelling station
  • Remarks
  • Summary
11

Making a license application according to previously established facility type (H2-delivered fuelling station vs. H2 production station)

Making a license application for the construction and operation of a H2-delivered fuelling station:

  • The core document of the licensing application is the “Expert opinion with respect to the licensing procedure according to § 13 of the Ordinance on Industrial Safety and Health (BetrSichV)”.
  • The basis for the information and documents introduced for the compilation of the expert opinion by the ZÜS is the LASI 49/2008 (here “Application documents for filling stations for compressed gases”).
  • In terms of process, the ZÜS expert is to be provided with the necessary information/ documentation and the expert opinion is to be included as an appendix to the licensing application.
  • As the licensing application is being prepared, a continuous communication with the authority should be maintained, also in order to identify potentially additional necessary documents/ information in a timely manner (where applicable, an advanced copy can be submitted to the authority before the official application is submitted).

 Making a licensing application for the construction and operation of a fuelling station with H2 production on site:

  • Should H2 production take place on site and accordingly, H2 generation in industrial quantities, a licensing application must be made in accordance with § 4 BImSchG (Federal Immission Control Act).
  • An “expert opinion” is also required for the granting of the permit according to the BImSchG (Federal Immission Control Act) and 9. BImSchV.
  • The basis for the information and documents to be introduced for the compilation of the expert opinion by the ZÜS is also in this case the LASI 49/2008 (here “Application documents for filling stations for compressed gases”).
  • In terms of process, the ZÜS expert is to be provided with the necessary information/ documentation and the expert opinion is to be included as an appendix to the licensing application.
  • Depending on the licensing authority, filling out special forms may be required. These contain no additional information compared to the application itself. They assist the authority in recording the data in a predefined system. The forms and the guidelines for filling them out provide the applicant with an orientation as to which documents belong to the application.
  • In an application under 9. BlmSchV, according to § 10 a public participation in the licensing procedure is required, i.e. information on the project must be made publicly accessible. Public participation is required only in the production of hydrogen and in the storage of more than 30 tonnes. If storing between 3 and 30 tonnes, the procedure according to § 19 BimSchG in the simplified process without public participation will be implemented.
  • As the licensing application is being prepared, a continuous communication with the authority should be maintained, also in order to identify potentially additional necessary documents/ information in a timely manner (where applicable, an advanced copy can be submitted to the authority before the official application is submitted).
12

Submission of the licensing application

Normally the submission must be made in the form of multiple copies and must be signed by the applicant (not the owner).

Public contract for the review of application for industrial facilities by the licensing authority

13

Receipt of the licensing application

Aside from the acknowledgement of receipt the applicant should inform himself at this time also of the actual duration of review and further important timelines.

14

Checking the completeness of the application documents (Beginning of the legally established review period)

Depending on the scope of competence of those in charge in the licensing authority, the completeness check can be carried out either by the authority alone or in consultation with the relevant technical authorities.

15

Involvement of the technical authorities

The examination of application documents requires the technical and situative analysis of different fields and conditions pertaining to location. For this specialists from different technical authorities will be involved. Ideally the relevant authorities are already identified in advance and have been orally informed.

16

Consultation with the applicant

This point is relevant when questions arise during examination of the application documents.

17

Processing the application

Aside from the granting of the license, the task of the authority is to refer to

  • Application documents
  • Auxiliary conditions
  • Costs
  • Motivation
  • Other information (incl. information on legal remedies)
18

Granting of the permit for the construction and operation of the H2 facility (with conditions, where applicable)

As soon as all required documents relating to the licensing application are submitted, certain deadlines apply to the processing and granting of the license by the licensing authority. In the case of the permit according to the Ordinance on Industrial Safety and Health (BetrSichV) (H2-delivered fuelling stations), the maximum processing period is three months following receipt of the complete application documents. The permit is deemed granted when the authority in charge does not prohibit the assembly and installation of the facility before the declared deadline.

The submitted application according to BImSchG (Federal Immission Control Act) (H2 fuelling station) is to be examined immediately – normally within one month – for its completeness. In the licensing procedure according to § 10 BImSchG (Federal Immission Control Act) with public participation (storage > 30 tonnes of hydrogen or H2 production on site), the license must be granted within 7 months. In the simplified licensing procedure according to § 19 BImSchG (Federal Immission Control Act) (storage of between 3 and 30 tonnes of hydrogen), the processing period is 3 months. In justified cases the time period can be extended as appropriate by 3 months.

The license is issued either with or without further obligations imposed by the authority, which are to be fulfilled in the construction or operation of the H2 facility. In the former case the license is valid only if the obligations imposed by the authority are appropriately implemented. If individual conditions are not fulfilled - in the operation, for example, an administrative offense occurs, however not operation without license.

Idealtypischer Prozeß nach Erteilung der Erlaubnis

H2
H2
H2
H2

The intention to open a public H2 fuelling station (facility operator)

19

The start of building planning/ construction/ installation of the H2 facility

The construction/installation of the H2 facility occurs in some circumstances according to the regulations of the responsible licensing authority.

20

Compilation of documents for commissioning

Further documents are to be handed over to the external appraiser as well as the licensing authority for the commissioning of the facility, if they are not already contained in the licensing application, e.g.:

  • Risk evaluation pursuant to the Ordinance on Industrial Safety and Health (BetrSichV )
  • Explosion protection document
  • Emergency-danger-defence plan
  • Alarm and fire service action plan
  • Documents on pressure equipment
  • Electric circuit diagram
21

Preview of H2 facility by ZÜS experts

Before the official acceptance date is decided upon, it is advisable to arrange an informal pre-viewing in order to determine potential problems that have not yet been identified and thus be able to rectify them.

22

ZÜS inspection of the H2 facility before the initial commissioning

According to §14 of the Ordinance on Industrial Safety and Health (BetrSichV), an inspection of the erected/ installed H2 facility is necessary, which is carried out by an expert of the ZÜS. The inspection has the following scope:

  • Inspection of documentation for completeness and accuracy
  • Inspection of the conformity of the installed facility with the facility actually licensed by the authority
  • Inspection of the correctness of the installation and assembly (leakage test, etc.)
  • Inspection of proper placement
  • Inspection of electrical safety and operation
  • Inspection of explosion protection incl. potential equalisation and lightning protection
  • Etc.
23

The ZÜS expert must forward the test certificate to the authority

The ZÜS expert acts as an assistant to the licensing authority. With the signed test certificate, he confirms that the target properties of the facility conform to the actual properties.

24

Clearance for the start of the test/ normal operation

On the basis of the certificate by the ZÜS, the go-ahead is given for test/ normal operation. Following successful inspection of the facility by the ZÜS, the testing protocols are normally sent on to the licensing authority in accordance with the Ordinance on Industrial Safety and Health (BetrSichV).

25

Investigation/checking of the inspection intervals of the H2 facility (facility operator & ZÜS)

According to §15 (1) of the Ordinance on Industrial Safety and Health (BetrSichV), the operator must identify the test intervals for the entire facility and system components. The test intervals are typically provided by the facility suppliers (“maintenance schedule) and are checked by the ZÜS.

26

Communication of the inspection intervals to the licensing authorities

Communication of the inspection intervals to the responsible licensing authorities takes place pursuant to §15 (1) of the Ordinance on Industrial Safety and Health (BetrSichV) within 6 months after the “inspection before commissioning”.

27

Separate inspection by vehicle manufacturer

Because of the sensitivity of the vehicle tank concerning impurities in hydrogen, from the point of view of the vehicle manufacturer it has been necessary up to now to inspect the hydrogen and filling quality.

28

Opening of H2 fuelling station to the public

Following successful acceptance and thus confirmation of the secure operation of the facility, the hydrogen fuelling station can go into public operation.

 

Download Brochure H2-Genehmigungsleitfaden (PDF in German only,1.3MB)