Regulatory perspectives on UTES
One of the key challenges investigated by the PUSH-IT project is the complex regulatory landscape for High Temperature Underground Thermal Energy Storage (HT-UTES) technologies. This varies significantly across different countries. PUSH IT aims to identify and compile key regulations, evaluate their effectiveness and propose best practice guidelines for regulation of these systems. This will help streamline the permitting process and accelerate the deployment of geothermal storage projects.
This long read article addresses five key elements:
1) general regulatory context
2) a deeper look into regulations, procedures and authorities in The Netherlands, Germany, Czechia and the United Kingdom.
3) differences and similarities in those countries
4) key insights so far
5) future work and next steps
Following up on this article, a series of articles will be published with more detailed information about the regulatory frameworks of the mentioned countries.
General regulatory context
PUSH IT works across seven countries and six sites in The Netherlands, Germany, Czechia and the United Kingdom. The project focuses on innovative thermal energy storage technologies, particularly HT-UTES in aquifers (HT-ATES), boreholes (HT-BTES) and mines (HT-MTES). These technologies are not yet widely adopted across Europe. For each of the countries above, there are different regulations regarding UTES, and as underground heat storage often uses new technology, regulations continue to be in development. Regulations currently applied to HT-UTES mainly have been developed for geothermal technologies or for other uses of the subsurface, not specifically for HT-UTES. In addition, the long-term effects of underground heat storage remain uncertain, and further operational experience is needed to better understand how these systems should be regulated.
Existing regulations are aimed at mitigating the impacts arising from competing and balancing use of the subsurface, public health impacts, monitoring data sharing obligations, health and safety regulation for workers or aim to prevent environmental harm. Without operational experience it is uncertain how well regulation can mitigate the specific impacts of HT-UTES associated with high temperature injections and associated potential microbiological or chemical changes.
Regulatory approaches vary across partner countries. The Netherlands has recently streamlined its permitting process with new legislation in 2024, while Germany continues to update its geothermal regulations in relation to underground heat storage, with new laws expected in 2025. In contrast, the UK and Czechia rely on existing frameworks, adapting more gradually due to less rapid deployment of the UTES-technology in these countries.
Competent authorities
Regulatory oversight is handled by different authorities in each country. In the Netherlands, regional authorities primarily manage ATES systems. Recent reforms have shifted some permitting responsibilities to local authorities, i.e. where UTES is part of a larger project, e.g. an ATES developed as part of a building. Regulations for HT-UTES in Germany is decentralised and specific regulatory approaches vary by federal state. Permitting is generally split between the water and the mining authorities depending on project depth and technology. In Czechia, regulation falls under the Ministry of Industry and Trade and the Ministry of Environment and is closely informed by EU laws. In the UK, regulation is devolved to the Nations, with agencies like the Environment Agency (England), Scottish Environment Protection Agency (Scotland), Natural Resources Wales (Wales), and Northern Ireland Environment Agency (Northern Ireland) managing oversight alongside local authorities.
A deeper look into the 4 countries
The Netherlands: a mature regulatory framework
The Netherlands stands out with its mature regulatory framework for underground thermal energy storage (UTES), particularly for Aquifer Thermal Energy Storage (ATES) systems. The country hosts about 85% of the world’s ATES systems, both resulting in and reflecting its advanced regulatory environment. The introduction of the Environment and Planning Act (Omgevingswet) in January 2024 has further streamlined the permitting process, aiming to reduce regulatory burdens and expedite decision-making.
Key regulations include the Environmental Activities Decree (Bal) and the Environmental Construction Decree (Bbl), which outline requirements for drilling, construction, and operation of UTES systems. The regulatory framework emphasises environmental protection and efficient energy use, with specific guidelines for construction and use, and monitoring obligations to ensure compliance.
The permitting process in the Netherlands involves several stages, usually including pre-consultation, permit application, and decision-making. The Environmental Desk serves as a central online system for managing permit applications, providing applicants with necessary information about the living environment and permitting requirements. The competent authorities, such as municipalities and provinces, play a crucial role in evaluating and granting permits, ensuring that projects comply with environmental regulations and safety standards.
Germany: evolving regulatory landscape
Germany’s regulatory landscape for HT-UTES technologies is evolving, with federal and state-level regulations governing geothermal projects relating to underground heat storage. Key federal laws include the Water Resources Act (WGH), Federal Mining Act (BBergG), and the recently passed Heat Planning Act (WPG). Each federal state has additional specifications, leading to variations in regulatory processes between the federal states. While geothermal regulations are well-established, delineation with regulations that apply for thermal energy storage can be complicated.
Generally, the permitting procedure in Germany involves multiple authorities, including mining and water authorities, and requires detailed operation plans and environmental impact assessments. The upcoming Geothermal Heat Acceleration Act (GeoWG) aims to simplify and accelerate the permitting process for geothermal projects, addressing the need for a more streamlined regulatory framework.
In Hesse, the PUSH IT site in Darmstadt demonstrates the regulatory framework for HT-BTES projects, with guidelines published by the Darmstadt Regional Authority and the Hessian State Office for Environment and Geology. The permitting process involves applications to the Mining Authority and Water Authority for exploration and operational activities, respectively.
In North Rhine-Westphalia (HT-MTES), where the PUSH IT Bochum site is located, the regulatory framework includes the State Water Act (LWG) and the Environmental Impact Assessment Act (UVPG-NRW). The permitting process involves applications to the mining and water authorities, with requirements for environmental impact assessments and public participation.
The water regulations for the PUSH IT site in Berlin (HT-ATES) are very strict, as Berlin obtains 100% of its drinking water from groundwater beneath its urban area. The competent authorities in Berlin for permits for geothermal projects are the mining authority and the water authority.
Czechia: developing regulatory framework
In Czechia, the regulatory framework for geothermal projects is governed by Construction Law, Geological and Mining Law, and Water regulations. The “New Green Savings” program provides financial support for energy-saving measures, including ground source heat pumps (GSHPs). However, the regulatory framework for HT-BTES systems is still developing, and there is limited experience with such systems. The PUSH IT site in Litoměřice uses BTES. Regulation of the site draws on existing regulations from related underground uses and technologies.
Typically, the permitting process in Czechia involves multiple authorities, including the Czech State Mining Administration and regional environmental authorities, and requires environmental impact assessments and public participation. The Litoměřice site is supporting the development of regulatory and legal frameworks for geothermal projects in Czechia.
United Kingdom: emphasis on environmental protection
Geothermal energy is not recognised in law as a natural resource in the UK, meaning geothermal energy (and associated technologies) is not specifically regulated. These technologies are regulated through environmental, water and health and safety regulation which capture most but not all aspects related to drilling, water abstraction volumes and temperatures. For example, a temperature limits apply when heat is injected via water, but not when extracted. Regulation of these systems is the responsibility of the devolved administrations. While currently no UK nation has specific regulations for geothermal, their best practical guidelines have been recently updated.
The regulatory framework for HT-UTES technologies in the UK involves multiple authorities, including local planning authorities, the environmental agencies, and – in some cases- the Health and Safety Executive. For geothermal and heat storage in coal mines, the Mining Remediation Authority plays a key role in the permitting of drilling and licensing of heat access agreements. The permitting process requires environmental impact assessments, public consultation, and compliance with health and safety regulations. The UK’s regulatory framework emphasises environmental protection.
Differences and similarities between countries
The regulatory frameworks for High-Temperature Underground Thermal Energy Storage (HT-UTES) systems differ across the Netherlands, Germany, Czechia, and the UK, with each country requiring environmental assessments and permits, particularly concerning groundwater impacts. However, the complexity of the process and recognition of UTES as a distinct technology vary.
In the Netherlands, HT-UTES is regulated under the national Water Act, with recent reforms streamlining the permitting process by consolidating applications. The country explicitly recognises UTES in its regulatory framework.
Germany’s federal structure leads to regional variations in permitting, but national guidelines provide technical standards for UTES. Compliance with water and mining laws is required, and new legislation is being drafted to simplify approvals for geothermal and heat storage projects.
Czechia follows a centralised regulatory system. HT-UTES is not explicitly recognised and falls under geothermal and groundwater regulations. Environmental impact assessments (EIAs) and water management permits are required. A newly formed authority is expected to oversee large-scale energy projects, including geothermal.
In the UK, regulation is devolved to the nations, involving the respective national environmental agencies and local authorities to issue environmental permits and planning permissions. UTES is not recognised as a stand-alone technology and falls under broader geothermal and ground source heat pump regulations. These draw on other regulations related to environmental protection and groundwater use.
While the Netherlands and Germany are actively updating regulations to support emerging technologies, Czechia and the UK are less prompt in adapting existing frameworks to integrate UTES into national energy strategies.
Key insights so far
Assessing the different regulatory frameworks and landscapes, PUSH IT now has some valuable insights into the regulatory challenges and opportunities for HT-UTES technologies across Europe. Key findings include:
Environmental protection
Environmental protection is a key consideration in the regulatory frameworks for geothermal and HT-UTES technologies. The need for robust environmental impact assessments and monitoring obligations to ensure the safe and sustainable operation of geothermal energy storage systems are high. Environmental protection measures are essential for maintaining public trust and ensuring the long-term viability of HT-UTES projects.
Stakeholder engagement and public participation
Effective public participation and stakeholder engagement is crucial for the success of HT-UTES projects. The PUSH-IT project highlights the importance of public participation and involving stakeholders in the regulatory process and addressing their concerns and expectations. Engaging stakeholders and communities can help build support for geothermal energy storage projects and ensure their successful implementation.
Technical implementation
The technical implementation of HT-UTES technologies often involves complex drilling and construction processes. The PUSH-IT project highlights the need for detailed operation plans, environmental impact assessments, and compliance with health and safety regulations to ensure the successful deployment and operation of geothermal energy storage systems. Technical implementation requires careful planning and coordination to address regulatory requirements and ensure project success.
Permitting challenges
Going through the permitting process for HT-UTES technologies can be complex, varies across different countries and evolves over time. Regulatory frameworks often do not encompass underground heat storage, and new regulations and guidelines are needed. The PUSH-IT project highlights the need for a comprehensive understanding of regulatory requirements and procedures to facilitate the permitting process. Addressing these permitting challenges requires collaboration between project developers, regulatory authorities and stakeholders to ensure compliance with regulatory standards and speed up project approval.
The regulatory systems closely reflect the level of technology familiarity and deployment in the different countries – with regulation in the Netherlands and Germany adapting more readily to encompass and facilitate increasing deployment of these new technologies while, the UK and Czechia rely on existing frameworks, adapting more gradually due to less rapid deployment of the UTES-technology in these countries.
Future work and next steps
The next part of PUSH IT’s work on Regulation and Governance-aspects of UTES involves investigating in more detail the enabling aspects and barriers that facilitate or delay project realisation at the project demonstrator and follower sites. This is done by interviewing relevant stakeholders. The interviews will be analysed and in combination with this report used to develop a set of recommendations.
The entire report can be downloaded here.
If you have any questions about it, make sure to contact the authors, Andres Gonzalez Quiros, Corinna Abesser, Margaret Stewart, from The British Geological Survey , UK (enquiries@bgs.ac.uk).
Authors of this article are Jesse Treurniet and Serge Santoo, from Polycentric, NL
PUSH-IT is a project funded by the European Union’s Horizon Europe research and innovation programme under grant agreement No 101096566.
Funded by the European Union. Views and opinions expressed are however those of the author(s) only and do not necessarily reflect those of the European Union. Neither the European Union nor the granting authority can be held responsible for them.
