(Berlin) – The German Federal Cabinet has adopted uniform regulations for the production of green hydrogen and e-fuels. The amendment to the 37th Ordinance Implementing the Federal Immission Control Act (37th BImSchV) now defines the conditions under which the electricity used to produce e-fuels and other synthetic fuels can be considered "fully renewable" and the hydrogen produced with this electricity can therefore be considered "green".
100 percent renewable energy
According to the information, hydrogen is only considered “green” if the “electricity used in its production comes 100 percent from renewable energies of non-biogenic origin”. Another criterion is: It must be additional electricity, i.e. electricity from new systems. This prevents green electricity that has already been used from being relocated and then not being available to existing users (e.g. households, industry).
In addition, the CO2 emissions of the entire production must be reduced by at least 70 percent through the use of green hydrogen. The emissions across the supply chain must be taken into account, including for the transport of green hydrogen. These requirements also apply to the production of e-fuels for road vehicles produced with green hydrogen and other renewable fuels of non-biological origin (RFNBOs).
Certification by the Federal Environment Agency
Manufacturers and suppliers of these fuels must prove that they meet the new requirements. The Federal Environment Agency will set up a database for this purpose and carry out the certification.
At the same time, the federal government is improving the ability of RFNBOs to be counted towards the greenhouse gas reduction quota (GHG quota) of the Federal Immission Control Act. In the future, oil companies will be able to count RFNBOs with a factor of 3 towards their GHG quota. Previously, only double crediting was provided. The GHG quota obliges fuel manufacturers in Germany by law to produce a growing proportion of their products in a climate-neutral manner.
Companies can count different products towards achieving the quota. One fulfillment option is RFNBOs and the use of green hydrogen in refineries that produce traditional fossil fuels. “Due to the different provision costs of the various crediting options,” the Federal Environment Ministry assumes “that RFNBOs will initially preferably be used in the form of green hydrogen in refineries.” This makes sense in terms of the greenhouse gas reduction that can be achieved and also supports ramping up the production of green hydrogen as quickly as possible.
Bundestag must agree
The amendment to the 37th BImSchV introduces European legal requirements from two delegated regulations to the Renewable Energy Directive (RED II) for the production of RFNBOs - in particular for the purchase of renewable electricity - and for determining the greenhouse gas savings of RFNBOs for use in the transport sector implemented. The amended 37th BImSchV requires the approval of the Bundestag before it can come into force.
Photos
The Federal Cabinet decided to amend the 37th BimSchV: Green hydrogen is only “green” if it is produced using renewable energy. © Federal Government / Steins



