WC130 MayJune2023 - Magazine - Page 18
LEGAL
“Green” Hydrogen Power
Using water to reach net-zero
BY AARON ATCHESON AND KYLE BERTSCH
N AN EFFORT TO REACH NET-ZERO emissions by
2050, Canada has focused its attention towards the emerging
industry of green hydrogen power as a source of renewable
energy. The production of hydrogen is completed through electrolysis, whereby electrical energy is applied to split water into
oxygen and hydrogen. This process of electrolysis is considered
“green” when renewable sources, such as solar and wind power, are
used to generate the required electricity.
Having one of the largest freshwater reserves in the world, Canada has an opportunity to use green hydrogen power on an industrial scale. However, regulatory policies and safeguards should be
observed and considered in conjunction with the growing use of
hydrogen. In Ontario, certain regulatory safeguards are found
under the Ontario Water Resources Act and Ontario Regulation
387/04. For example, Ontario requires individuals to obtain a
permit if 50,000 litres or more of water per day is captured from
the environment, unless certain exemptions are met. In addition
to the regulatory framework, attempting to utilize desalination
processes to convert saltwater into freshwater or converting reused
wastewater into electrolysis feedstock should be considered when
attempting to industrialize hydrogen power. Overall, maintaining
legal safeguards is critical in order to ensure the conservation,
protection and wise use and management of the waters of each
province.
To properly harness hydrogen for industrial use, Canada will
require additional investment into its infrastructure. For example,
steel transmission pipelines and steel storage vessels are currently
used for most methods of gas transportation and storage. However, steel is susceptible to hydrogen embrittlement, whereby the
introduction of hydrogen may cause the steel to crack and begin
to leak. Although hydrogen escaping from leaking pipelines or
storage vessels may not cause direct damage to water sources, concern should be raised if other natural gases containing pollutants
are transported using the same equipment. New transportation
and storage methods being proposed include converting hydrogen
to liquid ammonia, which is not corrosive to steel. However, as
ammonia is toxic to humans and aquatic organisms, further risk is
introduced if ammonia spills occur within the water sources. With
this concern in mind, Canada must consider constructing new
pipelines and storage vessels with specific coatings or complete
substantial modifications to its existing infrastructure in order to
prevent future complications.
I
Aaron Atcheson
Aaron Atcheson is a partner with Miller
Thomson LLP in its London, Ontario
office, and is the leader of the firm’s
Projects Group. Aaron practices real
estate, environmental and business
law with an emphasis on energy and
infrastructure projects.
Kyle Bertsch
Kyle Bertsch is an associate in Miller
Thomson’s London, Ontario office,
practicing in the areas of real estate
and infrastructure.
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WATER C AN ADA • M AY/JUNE 2023
WAT E R C A N A D A . N E T
