ELECTRICITY PRODUCTION FROM INDUSTRIAL WASTE HEAT

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ELECTRICITY PRODUCTION FROM INDUSTRIAL WASTE HEAT ( electricity-production-from-industrial-waste-heat )

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NORTH EAST LAW REVIEW 155 Given the lengthy procedure preceding the preliminary ruling the association is now aiming for,9 judicial review of the Benchmarking Decision cannot be expected anytime soon; instead, interpretation will have to be based on a number of Guidance Documents issued by the Directorate General on Climate Action (DG CLIMA) which provide interpretational assistance but are not legally binding.10 The Guidance Documents relevant for this paper are number one, two, five and eight. The DG CLIMA clarified Guidance Document 8 in respect to waste gas recovery in a further Explanatory Note. Further guidance is provided by the Reference Documents on Best Available Techniques (BREFs) and Impact Assessments (Staff Working Documents issued by the Commission) which inform the Decision. BREF ImpA IA Guide Guide Guide Guide Doc1 Doc2 Doc5 Doc8 Expl’ Note EEA Agreement art 17 Kyoto Protocol 5th Env’ Action Prog’ Green Paper This legal and regulatory framework provides the parameters for the following analysis of industrial waste heat electricity. 9 Eurofer, ‘Court case of European steelmakers on benchmarks under the ETS to be judged on national level’ (Eurofer, 8 June 2012) accessed 10 July 2012. 10 DG-CLIMA, 'Guidance Document no1 on the harmonized free allocation methodology for the EU- ETS post 2012 – General Guidance to the allocation methodology' (Guidance Document 1) (2012) 3. ETS Directive 2003/87/EC heat electricity is treated under the ETS, it is necessary to examine the application of the scheme to the hot gas which the electricity is generated from: Regardless of the product-based efficiency benchmark that is used to calculate the amount of allowances allocated for free, the emission trading scheme itself only looks at the greenhouse gas emissions from the producing installation. Thus, for the obligations under the ETS-Directive, the product itself (i.e. electricity) is irrelevant. Also, the hot off-gas must not be confused with the actual greenhouse gas: It is not the hot - as such that is subject to the scheme, but only the greenhouse gas that results from the reaction that generated the waste heat. It will, however, typically form a significant part of the waste heat gas. obligations under the ETS-Directive, the product itself (i.e. electricity) is irrelevant. Also, the I. ALLOWANCE REQUIREMENT Whether or not the gas emissions resulting from a particular process fall under the scope of the EU-ETS is determined by AnnexIoftheETS-Directive. According to Article gas: It is not the hot - as such that is subject to the scheme, but only the greenhouse gas that results from the reaction that generated the waste heat. It will, however, typically form a significant part of the waste heat gas. obligations Art 10a on free allocation .ASES UNDER how waste heat electricity is treated under the ET, it is necessary to examine the application of the scheme to the hot gas which the electricity is generated from: Regardless of the product- based efficiency benchmark that is used to calculate the amount of allowances allocated for free, the emission trading scheme itself only looks at the greenhouse gas emissions from the producing installation. Thus, for the obligations under the ETS-Directive, the product itself (i.e. electricity) is irrelevant. Also, the hot off- gas must not be confused with the actual that is subject to the scheme, but only the greenhouse gas that results from the Benchmarking Decision heat electricity is treated under the ETS, it is necessary to examine the application of the scheme to the hot gas which the electricity is generated from: Regardless of the product-based efficiency benchmark that is used to calculate the amount of allowances allocated for free, the emission trading scheme itself only looks at the greenhouse gas emissions from the producing installation. Thus, for the obligations under the ETS- Directive, the product itself (i.e. electricity) is ire . Also, the hot off-gas must not be confused with the actual greenhouse gas: It is not the hot - as such that is subject to the scheme, but only the greenhouse gas that results from the reaction that generated the waste heat. greenhouse gas: It is not the hot - as such that is subject to the scheme, but only the greenhouse It will,however, .ASES UNDER how waste heat electricity is treated under the ET, it is necessary to examine the application of the scheme to the hot gas which the electricity is generated from: Regardless of the product-based efficiency benchmark that is used to calculate the amount of allowances allocated for free, the emission trading scheme itself only looks at the greenhouse gas emissions from the producing installation. Thus, for the obligations under the ETS- Directive, the product itself (i.e. electricity) is irrelevant. Also, the hot off-gas must not be confused with the actual greenhouse gas: It is not the hot - as such that is subject to the scheme, but only the greenhouse gas that results from the reaction that generated the waste heat. It will, however, typically form a significant part of Parliament Opinion Commission Proposal Further Amendments Diagram no. 1: Sources of Regulatory Framework for Industrial Waste Heat Electricity

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