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Fuel cells are being touted as the energy source that will facilitate sustained and environmentally responsible growth without dependence on unstable global oil markets. As a new technology incorporating both gas and electricity, there is uncertainty and inconsistency in the industry regarding regulatory responsibility. As fuel cells become more widespread, manufacturers and users of fuel cells will need to take the time to understand where issues may arise, build relationships with regulators and encourage regulators to build relationships with each other.

Photo 1. Four CSA-certified UTC Fuel Cells 200 kW power plants now provide the primary power source for the First National Bank of Omaha.

Fuel cells are a clean, environmentally friendly energy source that operate using hydrogen or natural gas to produce electricity, with usable heat and pure H2O the only sizable by-products. The principle behind fuel cells is not new, first being discovered in 1839. Fuel cell technology was not widely introduced, however, until a few decades ago, when fuel cells were used by NASA to power on-board electronics for the Gemini and Apollo spacecraft. Fuel cells are still being used by NASA today to provide drinking water and electrical power for the Space Shuttle. However, due to the high cost of materials used to manufacture fuel cells, particularly the cost of platinum, creating affordable and commercially viable products was not feasible. It has not been until very recently, that the prices of some materials, as well as the amounts required, have been reduced to a level where commercialization of fuel cells is feasible.

It is likely that one of the first fuel cells to be applied widespread across North America will be stationary fuel cell power plants, fueled by the natural gas distribution plant or propane gas with the output connected to in-house wiring and perhaps interactive with the electrical utility. Many of these types of fuel cells are already in use across North America, providing energy to a wide range of locations including police stations, banks and residential dwellings.

Many gas or electrical regulators in both the U.S. and Canada, do not feel the application of stationary fuel cells fits neatly into the scope of their gas or electrical regulations. Regulations for both gas and electrical apply, and manufacturers or users need to interact with at least two authorities having jurisdiction when implementing these products. With more than 40,000 jurisdictions across the U.S. alone, each having six to seven inspectors, there are potentially hundreds of thousands of authorities enforcing any number of regulations across North America. Traditionally, for example, a gas inspector would take responsibility for the electrical aspects of a gas appliance installation. With this new technology, however, those aspects will expand to include complex inverter systems that deliver electrical energy to the grid. Todd Strothers, a regional manager with CSA International’s Fuel Cell division, has certified more than 300 fuel cell power plants over the past 10 years. "I have not experienced a consistent regulatory presence at the installation of fuel cell power plants," he says, and cites a wide assortment of regulators being present at installations including officials representing building codes, electrical, mechanical, plumbing, fire marshalls and building inspectors.

Hydrogen is also bringing an additional complexity to this regulatory area. Many of the jurisdictions in Canada, for example, do not have clearly defined legislation regarding the residential use of hydrogen. Some gas regulators have responsibility for "flammable gases" and therefore can take responsibility for hydrogen. Others feel changes to government legislation are needed before the matter is resolved, a process that could be lengthy. It is apparent however, that there is a risk in both the U.S. and Canada, that without a clear delineation between areas of electrical, gas or hydrogen regulatory responsibilities as they relate to fuel cells, there could be confusion down the road.

To convolute the situation even more, there are political concerns rising. Again in Canada, for example, energy markets have been deregulated for the first time, and in some cases a fuel cell installation may be the first competitive generation source that some electrical utilities will encounter. There is bound to be resistance to the unknown in the initial phases of market introduction. Gas and electrical inspectors may need to coordinate to ensure all technical aspects of an installation are acceptable.

Is a fuel cell an electric generator or gas appliance? The first challenge in developing harmonized fuel cell standards and regulations is to determine whether the gas sector or electrical sector should have responsibility for fuel cells.

To accommodate the overlap between the gas and electrical regulators when inspecting fuel cell installations, relationships between the various inspection bodies need to be built. In Canada and the U.S., standards developers the Canadian Standards Association (CSA) and its American counterpart, CSA America, provide a forum for relationships between gas and electrical regulators through the standards development process. Between the two standards development organizations (SDOs), they have published one nationally recognized fuel cell standard and three additional sets of fuel cell requirements covering portable, stationary and residential fuel cells, as well as fuel cell modules.

The goal of the CSA and CSA America Fuel Cell Committees is to facilitate the development of standards that will most likely reflect what is predicted to be the reality of fuel cells introduction to the market. Even with the goal of harmonization, it is necessary to develop Canadian and U.S. specific committees that approve any fuel cell requirements for use in their specific market.

As facilitators, it is the job of the SDO staff to get representation of regulators and other relevant stakeholders at all levels of the standards development process. For fuel cells to be successful, requirements must be acceptable to all applicable regulators. Therefore both the American and Canadian Fuel Cell Technical Committees strive to have equal representation from gas and electrical regulators, thereby having truly balanced technical committees writing standards. By participating in the standards development process, regulators can submit criteria to be considered for the standard that is acceptable to all applicable regulators, creating important synergies between gas and electrical requirements.

As a new technology that encompasses so many regulatory concerns, there is no easy solution to resolve these issues. Addressing the issues will require lateral thinking on the part of regulators and manufacturers as well as changes to traditional regulatory approaches. By using a balanced approach to developing standards and by continuing to develop standards using the principle of reaching consensus, SDOs such as CSA and CSA America, as well as the electrical and gas regulators that participate on their committees, can work together to rationalize regulatory responsibilities for fuel cells and build stronger more efficient and productive relationships for the future.

The Canadian Standards Association (CSA) is a membership association serving industry, government, consumers and other interested parties in Canada and the global marketplace. A leading developer of standards and codes, CSA aims to enhance public safety, improve quality of life, preserve the environment and facilitate trade. To help people understand and apply standards, CSA offers information products and training. The Canadian Standards Association is a division of CSA Group which consists of CSA, CSA International for product testing and certification, and, QMI for management systems registration.

Glenn Tubrett is program manager of Canadian gas standards for the Canadian Standards Association. He holds a bachelor of electrical engineering from Memorial University of Newfoundland. Glenn has been an employee of CSA for more than 10 years in various roles including student certification engineer, project manager for the development of electrical standards and program manager. In his latest role, he is responsible for the development of Canadian fuel cell requirements.

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