1. Introduction
The concept of hydrogen energy has never received as much attention as it has during the Russia-Ukraine war[1], where the European Union has bent its rules and methods to curb reliance on Russia for energy imports. However, by doing this, the European Union has increased its financial burden for energy owing to global protests against Russia. Moreover, this has also paved the way for a distinguished alternative for energy, where hydrogen energy[2] emerges as imperative in establishing affordable and decarbonized energy.[3]
In order to establish a hydrogen-centric energy market, a nuanced hydrogen grid infrastructure plays a pivotal role[4]. Prior to attaining such infrastructure, there are some challenges that need to be taken into account, which this paper has classified into three thesis questions. The paper discusses its first question in Part II; “Is there a need to regulate infrastructure of ‘hydrogen grids in order[5] to establish a balance between supply and demand?”. It attempts to bring forth the necessity of regulating hydrogen grid infrastructure to achieve a balance between supply and demand in the context of transitioning to decarbonized energy systems and ensuring energy justice. Further, it explores the technical aspects of hydrogen grid, which facilitate the production, distribution, and storage of clean energy, particularly focusing on the European Union’s regulatory framework. It critiques the existing EU regulations for overlooking practical considerations such as the absence of hydrogen markets[6], challenges in transportation, and the nascent state of hydrogen production facilities[7]. Further, it presents solutions for optimizing infrastructure development, including an adaptive approach and collaborative efforts involving various stakeholders.
In Part III, the paper discusses the second question; “What are the fundamentals for effective regulation pertaining to the hydrogen energy sector?” to which this part advocates for a comparative regulatory approach in diverse markets, integrating elements of comparative law jurisprudence. It explores regulatory principles essential for advancing the energy sector, spanning administration, property rights, renewable energy, water management, environmental sustainability, health and safety, fiscal policies, distribution, transportation, storage, and market standards[8].
In Part IV, the paper discusses the third question; “What can legislators take as inspiration from Ireland and India’s regulatory strategies for energy security?” This section discusses regulatory strategies in Ireland and India for energy security and renewable energy adoption. It analyses Ireland’s ‘National Hydrogen Strategy Policy 2023’, which aims to reduce energy dependency and strengthen energy security, including repurposing gas networks for hydrogen.[9] Whereas, India focuses on green hydrogen adoption, aligning with global climate objectives, with potential leadership globally in green hydrogen production by 2050[10].
To conclude, art V stresses the importance of infrastructure development, innovation, and stakeholder collaboration for successful hydrogen initiatives, urging policymakers to adopt a forward-thinking approach. Ongoing monitoring and evaluation are crucial to refining regulatory frameworks and ensuring the transition’s success.
2. IS THERE A NEED TO REGULATE ‘HYDROGEN GRIDS’ INFRASTRUCTURE TO ESTABLISH BALANCE BETWEEN SUPPLY AND DEMAND
In simple terms, a hydrogen grid is an infrastructure channel that transfers hydrogen from the production facility to the consumer. It produces, distributes, and stores clean energy in the form of hydrogen through pipeline networks.[11] It is a green energy that curbs greenhouse gas dependency and is useful in many ways, as shown in the figure below.
To ensure the security of decarbonized energy, this paper highlights the need to establish a composite geo-compatible regulation of hydrogen grid infrastructure in order to achieve the climate neutrality target by 2050. Further, it presents the loopholes in the pre-existing EU regulations and suggests reformations.
2.1. Pre-existing regulations of EU
The impracticability and irrelevance of the EU laws before the amendment can be seen in their neglect over the matters of free demand and supply, including domestic and cross-frontier transportations pertaining to hydrogen markets. Furthermore, the absence of conducive market forces is leading to a situation of monopoly in pipeline networks and hydrogen production facilities.[12]
2.2 Integrated Transportation of Hydrogen and Infrastructure Planning
This integration is necessary to better meet the escalating demands of renewable energy within the region.
For instance, as per statistical data and assessment reports, the production of green hydrogen would require approximately 20% of the total electricity generated within the European Union, as electrical energy is required to compress, liquefy, transport, and store hydrogen by alkaline electrolysis.[14] With demands for hydrogen being projected to witness exponential growth until 2050, the hydrogen market is poised to reach a substantial valuation of US $410.6 billion by 2030 with a CAGR of 7.8%,[15] as depicted in the figure below.
Data from other sources underscores the profound potential of the hydrogen market, encompassing an estimated 18% share of the total global energy landscape, a carbon reduction of 6 gigatonnes, along with 20% global emissions reductions by 2050, is projected to create 30 million jobs and an annual market value of approximately 2.5 trillion dollars.[16] All these targets rely on the exhaustion of electricity as energy for the production of hydrogen. Thus, reformations are required to attain equilibrium between the electric and green hydrogen sectors. Now the question arises: ‘How do we attain such market equilibrium?’. The paper hereby answers, suggesting the incorporation of a Liquid Organic Hydrogen Carrier mechanism.[17] This method aims to store electricity on a large scale for a longer period, aligning with seasonal demands. During winter, when renewable energy production is lower, the stored hydrogen can be efficiently reconverted into electricity through the utilization of a combined cycle gas turbine or through fuel cells. In summary, stored hydrogen emerges as a potential saviour to meet hydrogen demands, aiming to solve fluctuations in electric energy consumption, thereby allowing a balanced renewable energy landscape.
Presently, in the nascent stage, another challenge emerges: Building the pipeline network with uncertainty surrounding the future of hydrogen demands and supply, which could result in underutilised infrastructure.[18] Conversely, incipient and weak hydrogen transport networks could also disrupt future demand and supply markets.[19] Therefore, the lawmakers are required to assess varied infrastructure future requirements on the lines of market demands.
This can be assessed in the following ways: an adaptive approach towards network infrastructure development that aligns with test and trial methods. The paper suggests that the development of resilient infrastructure leaves room for future developments to mitigate the problem of uneven establishment. Further, the paper advocates for collaboration and close coordination with stakeholders, engineers, operators, electricity sectors, and consumers to bring reformations from varied perspectives and distinguished insights to achieve balance.
3. What are the fundamentals for effective regulation pertaining to the Hydrogen energy sector?
In today’s increasingly diverse and geographically dispersed markets, there is a growing need for a comparative analogy. This section delves into the mechanisms through which regulators can establish a framework that harmonizes with the principles and dimensions of comparative law jurisprudence.[20] This approach primarily focuses on three key clusters: (i) practical executions over theoretical studies; (ii) basic knowledge and information; and (iii) consideration of the consumers’ perspective to establish a framework of unified and centralized governance.
To enhance the energy sector, it is essential to regulate its value chain elements to ensure energy justice.[21] The paper examines the following principles aligned with the core tenets necessary for effective regulation:
- Administration and Governance
In terms of administration and governance, streamlined processes for approvals, permits, licenses, and compliance are fundamental. Clear guidelines and timelines for application, amendment, transfer, and renewal processes play a pivotal role in enabling efficient financial planning and investment. Additionally, transparent and competitive bidding processes encourage innovation and investment (foreign and domestic) within the hydrogen sector.[22]
- Property rights, Energy, and Infrastructure
Regarding property rights, clear regulations pertaining to land access, ownership, or lease agreements are imperative for fostering the development of hydrogen pipeline networks. Fair compensation mechanisms for land acquisition help ensure equitable treatment of landowners and mitigate potential resistance to hydrogen projects. In the case of renewable energy, regulations that define criteria for green hydrogen production are essential for guiding industry practices and consumer choices. Moreover, fair tariff structures and equitable access to infrastructure support the growth of renewable hydrogen production and distribution networks.[23]
(c) Environment, Grids & Sustainable Development
Environmental considerations, such as comprehensive assessments of hydrogen projects and strict regulations on emissions and pollution control, water management are crucial to ensuring sustainable practices. Incentives for the same, as well as positive community engagement [24] would further promote efficiency in hydrogen production.[25]
Stringent health and safety standards protect workers and communities from hazards associated with hydrogen production and transportation.[26]
In conclusion, the regulatory considerations outlined emphasize the balanced approach needed for the successful integration of hydrogen energy into the global energy landscape.[27] By addressing administrative, property rights, renewable energy, water management, environmental, community, labour, infrastructure, fiscal, distribution, transportation, storage, market, and standards-related aspects, policymakers can create an environment conducive to the proliferation of hydrogen technologies. This regulatory framework ensures the safe and efficient production, distribution, and utilization of hydrogen while fostering innovation, investment, and sustainability across the hydrogen value chain. At the same time, prioritizing transparency, fairness, and community engagement can build public trust and facilitate the adoption of hydrogen technologies as a solution to energy and environmental challenges.
4. What can legislators take as inspiration from Ireland and India’s regulatory strategies for energy security
4.1.Ireland
Energy import dependency serves as one of the most widely employed indicators for assessing a nation’s energy security, with indigenous energy sources generally perceived as more secure than imported ones. In 2018, Ireland’s import dependency stood at 67%, showing a decrease from an average of 89% recorded between 2001 and 2015 (refer to figure 4.0). This decline primarily resulted from the onset of gas production from the Corrib field and the growing utilization of indigenous renewable energy sources. In 2022, energy-related emissions in Ireland were reportedly 1.7% lower, with emissions down from heat (-1.0 Metric tons of carbon dioxide equivalent {MtCO2e}[28]) and electric emissions at (7.3 MtCO2e). Ireland has also accorded significance to indigenous sectors and communities, as evidenced by the data that 49.2% of the electricity generated within Ireland emanated from indigenous settings, while renewables accounted for 38.9%. Ireland has successfully developed renewable energy production from 163 kilotonnes of oil equivalent (Ktoe) in 1990 to 37,279.50 Ktoe in 2020, representing a 22,769.3256% increase in 31 years. Since 2022, there has been a substantial upsurge in market demand within the commerce sector of 61.5%.[29] This has had a multifaceted impact, notably enhancing the opportunities for commercialization across various energy industries and product categories. Additionally, it has played a crucial role in shaping market equilibrium, fostering a more dynamic and competitive ecosystem for hydrogen energy.
IMPORT DEPENDENCY OF IRELAND AND THE EU 1990-2022
Figure 4.1.1
Source: SEAI[30] and Eurostat[31]
4.1.2 The Strategy: A Way Forward
Ireland unveils a new strategy to strengthen energy security. It has established an electricity-led energy system over traditional oil and gas-based systems. Understanding present-day energy challenges, Ireland formulated the ‘National Hydrogen Strategy Policy’ in July 2023.[32] The policy covers various sub-sectors such as transportation, scaling, storage, research and development, safety, security, and coordination. The article discusses three important parameters under this domain: (a) decarbonizing the economy; (b) strengthening energy security and safety; and (c) viability in the industrial trade and commerce market. This paragraph outlines Ireland’s key action-based takeaways formulated in the policy.[33]
- Ireland is set to develop a biomethane sector and repurpose grid pipeline networks by 2026 for a smooth transition of the gas network to hydrogen. Ireland has prioritized the maintenance of energy security through transition, from natural gas to green hydrogen or alternative energy solutions such as electric heating.
- Establishment of the Hydrogen Innovation Fund to strengthen projects across the hydrogen value chain.
- Compliance with EU standards for green and decarbonized hydrogen.
- Establishment of a ‘National Scheme Certification’ to provide information to end-users, fostering clarity and transparency.
- Creation of a roadmap to achieve net-zero carbon dispatchable solutions by 2030.
- Division and assessment of roles and responsibilities for Integrated Energy Parks for future energy systems and storage.
- Establishment of a national policy framework on Alternative Fuels Infrastructure to assist in the rollout of hydrogen-fuelled heavy vehicles and refuelling infrastructure, aligning with the Renewable Energy Directive and Alternative Fuel Infrastructure Regulation by 2030.
- Assessment of feasible potential for end uses such as E-Fuels, decarbonized manufacturing facilities, and exports by incorporating a Research and Development unit that includes a National Industrial Strategy for offshore wind energy.
- Reviewing existing licensing and regulatory regimes relevant to the geological storage of hydrogen, progressing necessary legislative changes, and developing regulatory regimes to facilitate future prospecting and development of underground hydrogen infrastructure.
4.2. India (Bharat)
The world is envisioning a nature that is inclusive and environment-conducive functioning. India, being the fastest developing economy,[34] is no different and plans of achieving its renewable energy and net zero emissions target. In pursuit of a rapid energy transition, Prime Minister Narendra Modi advocated at the UN Climate Change Conference (COP 28) in 2023 for fulfilling 50% of the country’s energy requirement from renewable sources by 2030.[35] India has witnessed significant developments in the energy sector, including the expansion of renewable energy capacity and the decarbonization of hard-to-abate sectors through the mass adoption of green hydrogen. As the first country to enact a “Green Hydrogen Policy” and establish the Green Hydrogen Mission[36], aligning with both domestic and international markets, India has allocated numerous incentives and funds worth INR 19,774 crores for this cause. The Strategic Interventions for Green Hydrogen Transition (SIGHT) scheme has been allotted a figure of US $2.1 billion and a Request for Selection (RfS) has been issued by the Government of India for the selection of Green Hydrogen producers who are in charge of setting up production facilities of 450,000 tons for Green Hydrogen in India under the National Green Hydrogen Mission. The SIGHT scheme incentivises the production of Green Hydrogen thereby aiming for a net production of 5 million metric tonnes per annum of green hydrogen by 2030.[37]
4.2.1 The National Green Hydrogen Mission
The fundamental objective of the National Green Hydrogen Mission is to place India as the prominent global hub for the production, utilization, and export of green hydrogen and its derivatives. As per the Union Minister of New and Renewable Energy Government Of India, Raj Kumar Singh, achieving this mission is projected to decrease cumulative imports of fossil fuels by INR 1 trillion (US$12.03 billion) by 2030. This advancement is expected to attract investments exceeding INR 8 trillion (US$96.25 billion) and create employment opportunities for over 600,000 individuals.[38]
The current status of green hydrogen adoption in the country as of March 2024 can be summarized as follows:[39]
- Gas Authority of India Limited (GAIL) has initiated India’s first project to incorporate hydrogen blending into the city gas distribution grid. At Avantika Gas Limited (AGL) City Gas Station in Indore, Madhya Pradesh, GAIL has effectively introduced 2 percent by volume of hydrogen into the Compressed Natural Gas network and 5 percent by volume into the Piped Natural Gas network.[40]
- National Thermal Power Corporation (NTPC) Limited has also made notable progress by commencing the blending of green hydrogen, reaching levels of up to 8 percent (vol/vol), within the Piped Natural Gas Network at NTPC Kawas Township, Surat, Gujarat.[41]
- NTPC’s implementation of Hydrogen-based Fuel-Cell Electric Vehicle (FCEV) buses in Leh and Greater Noida.
- Oil India Limited’s creation of a 60 kW capacity hydrogen fuel cell bus, incorporating a hybrid of electric drive and fuel cell technologies.
- Indian Oil’s demonstration pilot plants for green hydrogen production through methods like water electrolysis using solar power, biomass oxy steam gasification, and Compressed Biogas reforming.
4.2.2. Can India become a world leader in green hydrogen?
According to a study by the International Renewable Energy Agency (IRENA) titled “Geopolitics of the Energy Transformation: The Hydrogen Factor,” six nations, including India (Bharat), South Korea, the United States of America, Japan, China, and the European Union, have the potential to be the world’s primary suppliers of green hydrogen.[42] Further research suggests that India has the potential to lead the world in the green hydrogen sector if it connects its industries to the grid. This connection would help India meet its energy demands and also position it as a global supplier. According to research from the University of Oxford’s Exeter-led EEIST project, green hydrogen and ammonia might constitute 25% of India’s electricity requirements by 2050, primarily by transitioning heavy industries such as steel manufacturing, shipping, fertilizer production, and oil refining towards sustainability. Moreover, the incorporation of grid-connected green hydrogen infrastructure could reduce the cost range from $4-$5 per kilogram for green hydrogen to less than $1 per kilogram by the year 2050.[43]
5.0. A Comparison and Conclusion:
A comparative analysis of India and Ireland’s regulatory strategies for hydrogen energy underscores the nuanced approaches that each country has adopted to address their unique energy security needs and sustainability goals. Both countries exemplify how diverse regulatory frameworks can be tailored to foster the growth of hydrogen energy, emphasizing the significance of strategic planning, infrastructure development, and stakeholder engagement.
India’s Approach: India’s National Green Hydrogen Mission highlights the country’s ambition to become a global leader in green hydrogen production, utilization, and export. The mission’s robust financial allocations, such as the INR 19,774 crore and the SIGHT scheme, demonstrate India’s commitment to this goal. India’s strategy is characterized by comprehensive policy design, encompassing incentives for research and development, industrial applications, and infrastructure support. The pilot projects for hydrogen blending initiated by GAIL and NTPC illustrate practical steps towards integrating hydrogen into the existing energy infrastructure. Furthermore, the substantial reduction in fossil fuel imports, projected investment inflows, and job creation underscore the economic and environmental benefits of India’s hydrogen strategy. By aiming to reduce the cost of green hydrogen to less than $1 per kilogram by 2050, India is positioning itself to lead the global market for green hydrogen.
Ireland’s Approach: Ireland’s National Hydrogen Strategy Policy 2023 focuses on reducing energy import dependency and enhancing energy security through the transition from natural gas to green hydrogen. The policy’s emphasis on repurposing existing gas networks for hydrogen by 2026 is a cost-effective approach to infrastructure development. Ireland’s strategy includes the establishment of a Hydrogen Innovation Fund, compliance with EU standards, and the creation of a National Scheme Certification to ensure transparency and build public trust. The comprehensive measures for sectoral integration, such as the development of integrated energy parks and a national policy framework on alternative fuel infrastructure, highlight Ireland’s forward-thinking approach to hydrogen adoption. The strategy also emphasizes decarbonization, energy security, and community engagement, promoting public acceptance and support for hydrogen technologies.
Lessons and Recommendations: The experiences of India and Ireland offer valuable lessons for other nations seeking to develop effective hydrogen energy strategies. India’s comprehensive policy framework and practical integration initiatives provide a robust model for large-scale hydrogen adoption. The involvement of both the public and private sectors in hydrogen projects demonstrates the importance of collaboration in achieving national energy goals. Conversely, Ireland’s focus on repurposing existing infrastructure, compliance with international standards, and transparency in hydrogen certification underscores the significance of regulatory clarity and public engagement. By adopting these strategies, other countries can develop regulatory frameworks that balance innovation, investment, and sustainability in the transition to a hydrogen-based energy future.
Looking Ahead: The success of hydrogen initiatives hinges not only on regulatory clarity but also on robust infrastructure development, technological innovation, and stakeholder collaboration. Policymakers must adopt a forward-thinking approach that balances short-term goals with long-term sustainability objectives. This entails fostering an ecosystem conducive to innovation, investment, and international cooperation while ensuring inclusivity and equitable access to the benefits of hydrogen technologies. Moreover, ongoing monitoring and evaluation mechanisms will be essential to track progress, identify barriers, and refine regulatory frameworks in line with evolving market dynamics and technological advancements. As countries like India and Ireland chart their paths towards energy transition, policymakers must adopt a forward-thinking approach that balances short-term goals with long-term sustainability objectives. This entails fostering an ecosystem conducive to innovation, investment, and international cooperation while ensuring inclusivity and equitable access to the benefits of hydrogen technologies. Furthermore, ongoing monitoring and evaluation mechanisms will be essential to track progress, identify barriers, and refine regulatory frameworks in line with evolving market dynamics and technological advancements. Ultimately, to realize its full potential in addressing the pressing challenges of climate change and energy security.
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Globally, most hydrogen is currently being produced using hydrocarbons and in the absence of emissions abatement of the carbon byproduct. Grey hydrogen production is carbon intensive and unsustainable.
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[33] Ibid
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[38] Ministry of New and Renewable Energy (MNRE), “National Green Hydrogen Mission,” available at: https://mnre.gov.in/national-green-hydrogen-mission/ (Accessed March 23, 2024).
[39] Ibid
[40] Ibid
[41] Ibid
[42] International Renewable Energy Agency (IRENA), “Global Commission on the Geopolitics of Energy Transformation: A New World,” available at: https://www.irena.org/-/media/files/irena/agency/publication/2019/jan/global_commission_geopolitics_new_world_2019.pdf (Accessed March 23, 2024).
[43] University of Exeter, “India can become a world leader in green hydrogen if it connects industry to the grid,” available at: https://news.exeter.ac.uk/faculty-of-environment-science-and-economy/india-can-become-a-world-leader-in-green-hydrogen-if-it-connects-industry-to-the-grid/ (Accessed March 23, 2024).
