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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