Regulatory Framework for Hydrogen in the U.S.

The U.S. hydrogen regulatory landscape is characterized by a fragmented system involving multiple government agencies across federal, state, and local levels. Federal oversight is distributed among agencies such as the EPA, DOE, and DOT, while states like Texas, Louisiana, and North Dakota have assumed specific permitting responsibilities, such as Class VI Underground Injection Control primacy. There is currently no federal regulation specifically governing the siting and operation of pure hydrogen pipelines, leaving such oversight to state and local authorities. To address these complexities, the DOE's Hydrogen and Fuel Cell Technologies Office has funded projects to identify permitting and safety challenges across the value chain.

• The regulatory environment for hydrogen in the U.S. is described as "fragmented, complex, involves multiple government agencies, and includes federal, state, and local regulations and safety standards."
• Federal oversight of hydrogen projects, including those under the DOE's Regional Clean Hydrogen Hubs Program, requires compliance with the National Environmental Policy Act (NEPA) and may necessitate consultations with the U.S. Fish and Wildlife Service and National Marine Fisheries Service under the Endangered Species Act.
• Certain states have obtained primacy from the EPA for the Class VI Underground Injection Control (UIC) program, which is particularly relevant for blue hydrogen projects; these states include North Dakota, Louisiana, and Wyoming.
• There is a regulatory gap at the federal level regarding the siting and operation of pure hydrogen pipelines, meaning developers must rely on state and local rules.
• The U.S. Department of Transportation (DOT) regulates the safety of hydrogen pipelines and classifies hydrogen as a "Class 2.1 Flammable Gas" under its Hazardous Materials Regulations.
• In August 2024, the DOE's Hydrogen and Fuel Cell Technologies Office (HFTO) allocated nearly $62 million to 20 projects across 15 states, with seven projects specifically targeting "Enabling Permitting and Safety for Hydrogen Development" to identify challenges in siting and installation.
• State-level legislation varies widely, with examples including Texas House Bill 2847 giving the Railroad Commission of Texas jurisdiction over hydrogen pipeline transportation and underground storage, and California Senate Bill 905 requiring the establishment of a "Carbon Capture, Removal, Utilization and Storage Program."

APA

Wymer, J., & Saltzman, V. (2025). Regulatory Framework for Hydrogen in the U.S. Clean Air Task Force. https://www.catf.us/resource/regulatory-framework-hydrogen-us/

Chicago

Wymer, Jess, and Veronica Saltzman. Regulatory Framework for Hydrogen in the U.S. Clean Air Task Force, 2025. https://www.catf.us/resource/regulatory-framework-hydrogen-us/.

Wikipedia

{{cite report |last1=Wymer |first1=Jess |last2=Saltzman |first2=Veronica |title=Regulatory Framework for Hydrogen in the U.S. |publisher=Clean Air Task Force |date=21 January 2025 |url=https://www.catf.us/resource/regulatory-framework-hydrogen-us/ |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{wymer2025regulatory, author = {Wymer, Jess and Saltzman, Veronica}, title = {{Regulatory Framework for Hydrogen in the U.S.}}, institution = {Clean Air Task Force}, year = {2025}, month = jan, url = {https://www.catf.us/resource/regulatory-framework-hydrogen-us/}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }