Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
REQUEST FOR RULEMAKING (RFR)  
1. Department:  
Licensing and Regulatory Affairs  
2. Bureau:  
Bureau of Fire Services  
3. Promulgation type:  
Full Process  
4. Title of proposed rule set:  
Storage and Handling of Gaseous and Liquified Hydrogen Systems  
5. Rule numbers or rule set range of numbers:  
R 29.7001 - R 29.7127  
6. Estimated time frame:  
12 months  
Name of person filling out RFR:  
Jeremy Britten  
Email of person filling out RFR:  
Phone number of person filling out RFR:  
517-242-7901  
Address of person filling out RFR:  
611 W Ottawa St, 4th floor  
Lansing, MI 48933  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
The rules apply to the operation of all gaseous and liquefied hydrogen systems in the state, including  
the storage and handling of hydrogen. The current rule set has been in effect since 2008 and has not  
been updated since it took effect in 2008. The current rules adopt by reference the National Fire  
Protection Association (NFPA) standards 50A and 50B, which have been withdrawn by the NFPA and  
replaced with the 2026 NFPA 2, the Hydrogen Technologies Code. The current rules will be revised  
to provide for the adoption of 2026 NFPA 2 and incorporate any applicable Michigan amendments  
from the current rules.  
8. Please cite the specific promulgation authority for the rules (i.e., department director,  
commission, board, etc.).  
The authority was conferred on the Department of Environmental Quality (DEQ) under Section 3c,  
MCL 29.3c, of the Fire Prevention Code, 1941 PA 207. The authority was conferred on the  
Department of Licensing and Regulatory Affairs (LARA) and moved from DEQ to LARA pursuant to  
Executive Reorganization Order (E.R.O.) No. 2012-7, MCL 29.462.  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
MCL 29.3c, Section 5d(2), MCL 29.5d(2), of the Fire Prevention Code, and E.R.O 2012-7, MCL  
29.462.  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so,  
please explain.  
Yes, in accordance with Section 5d(2), of the Fire Prevention Code, MCL 29.5d(2). MCL 29.3c  
mandates rule promulgation.  
MCL 24.239  
RFR-Page 2  
9. Please describe the extent to which the rules conflict with or duplicate similar rules,  
compliance requirements, or other standards adopted at the state, regional, or federal level.  
These rules are used to regulate the storage and handling of gaseous and liquid hydrogen. The  
proposed rules will apply to any such facility that is built or installed after the effective date of the  
proposed rules. Under the proposed rules, all currently built facilities will be grandfathered under the  
provisions of the 2008 Storage and Handling of Gaseous and Liquefied Hydrogen Systems rules that  
will be part of the proposed new rule set. These rules will duplicate the newest version of the National  
Fire Prevention Association standard. The Department of Energy Hydrogen Program is working with  
code development organizations, code officials, industry experts, and national laboratory scientists to  
draft new model codes and standards for domestic and international production, distribution, storage,  
areas/codes-standards).  
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,  
instructional bulletin, form with instructions, or operational memoranda?  
The subject matter of the rules is based on NFPA 2, Hydrogen Technologies Code.  
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed for  
the current year?  
Yes  
12. Will the proposed rules be promulgated under Section 44 of the administrative procedures act  
of 1969, 1969 PA 306, MCL 24.244, or under the full rulemaking process?  
Full Process  
13. Please describe the extent to which the rules exceed similar regulations, compliance  
requirements, or other standards adopted at the state, regional, or federal level.  
The new rules will formally adopt the 2026 edition of NFPA 2. This is the sole regulatory device for  
hydrogen systems. The previously agreed upon Michigan amendments are specific to the installation  
application process and the fee payment schedule that incorporate MCL 29.5 for calculating Plan  
Review fees (26,000 standard cubic feet = 1 tank, Plan Review fee is $141.50 per tank) and Annual  
Certification fee (annual fees are $61.50 per tank). Many states have their own specific rules for tank  
fees and applications. Currently, there are no federal guidelines or rules on hydrogen technologies.  
The Michigan-specific deviations from 2026 NFPA 2 in the proposed rules will not exceed similar  
regulations, compliance requirements, or other standards adopted at the state, regional, or federal  
level.  
14. Do the rules incorporate the recommendations received from the public regarding any  
complaints or comments regarding the rules? If yes, please explain.  
Yes, the proposed rules will incorporate pertinent Michigan amendments from the current version of  
the rules. BFS will review comments made at the public hearing for this new rule set. The sole  
recommendation received was from the Michigan Petroleum Association and that was to look into  
opening the Hydrogen rules as the NFPA requirements have changed since 2008. BFS will not be  
incorporating that recommendation in the new version.  
15. If amending an existing rule set, please provide the date of the last evaluation of the rules and  
the degree, if any, to which technology, economic conditions, or other factors have changed  
the regulatory activity covered by the rules since the last evaluation.  
BFS performed an internal review of the current rules on 2/20/2026 and it was determined that the  
NFPA had withdrawn NFPA 50A and 50B, the standards used to create the current rule set, which  
was approved in 2008. The NFPA has combined the two standards to create NFPA 2, which lists  
many newer hydrogen system types.  
16. Are there any changes or developments since implementation that demonstrate there is no  
continued need for the rules, or any portion of the rules?  
There is a need for the rules. BFS will revise the current rules to adopt a national standard for the  
regulation of these systems and will incorporate any Michigan amendments from the current rules into  
the new rules. Hydrogen is used as a fuel in various industries throughout the state. There were  
seven new facilities installed in the state in Fiscal Year 2025. Hydrogen is being looked at as a new  
“green” fuel with possible expansions of motor refueling systems.  
MCL 24.239  
RFR-Page 3  
17. Is there an applicable decision record (as defined in MCL 24.203(6) and required by MCL  
24.239(2))? If so, please attach the decision record.  
No  
Based on the information provided in this RFR, MOAHR concludes that there are sufficient policy and legal  
bases for approving the RFR. The RFR satisfies the requirements of the administrative procedures act of  
1969, 1969 PA 306, MCL 24.201 to 24.328, and Executive Reorganization Order No. 2019-1, MCL 324.99923.  
MCL 24.239  
;