Hydrogen Facilities

Hydrogen is a flammable gas that is colorless, odorless, and tasteless. Generators store significant amounts of hydrogen and other gases used in production. Hydrogen fueling stations and pipelines also store and distribute hydrogen. Hydrogen leaks can occur, and the presence of hydrogen at significant levels increases the possibility of a fire or explosion. Fires can produce smoke, and explosions can produce shock waves, which impact third parties. Toxic run-off from fires can come into contact with materials stored on-site or combustion by-products that can enter drains, migrate to adjacent sites, or discharge to surface waters. Environmental claims for bodily injury, property damage, cleanup, and natural resource damage could result from a fire or explosion.

Hydrogen gas leaks can also occur in confined spaces within a generator’s facility, during distribution, or at a fueling station. In a confined space, hydrogen can act as an asphyxiant and cause bodily harm to third parties.

Transportation of hydrogen as a cryogenic liquid or in high-pressure trailers can present pollution hazards. A leak from one of these trailers can cause injury to third parties, resulting in bodily injury and property damage claims. Fires from a hydrogen leak from a transport vehicle can produce smoke, and fire water run-off can contain pollutants that impact the environment.

Leaks of hydrogen from a fuel facility or a vehicle or other equipment containing a fuel cell can result in injuries or property damage to third parties and claims for product pollution liability against the hydrogen generator, distributor, or fuel-cell manufacturer.

Wastes may be generated in hydrogen production processes. Hazardous wastes or other regulated wastes require special handling and disposal procedures, which, if not followed, may trigger regulatory violations and fines. Improper waste disposal could lead to environmental liability or legal consequences. Additionally, a waste generator can become a Potentially Responsible Party, liable for cleanup costs in the environmental cleanup of a non-owned disposal (NOD) facility where they sent wastes.

Aboveground storage tanks, underground storage tanks, or containers may be used to store fuels, chemicals, or wastes. Leaks or spills during storage, transfer, or loading and unloading can contaminate soil, groundwater, or surface water, migrate to neighboring properties, collect in stormwater run-off, or discharge to sewer or storm drains, resulting in environmental liability.