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164 WASTE HEAT AND EUROPEAN CLEAN ENERGY POLICIES gas) as a whole is not identical with the actual greenhouse gas the operator must surrender allowances for. The latter will, however, typically form a significant part of the former.60 4.1.1 Allowance Requirement for Industrial Waste Heat Gases Whether or not the greenhouse gas emissions resulting from a particular process fall under the scope of the EU-ETS is determined by the schedule in Annex I of the ETS- Directive.61 According to Article 12(3), only operators of installations undertaking any activity set out in that list need to acquire (and later, surrender) allowances. Annex I also specifies the greenhouse gases emitted in a given processes which allowances have to be acquired for: The emission of other greenhouse gases (which are typically occurring in negligible quantities) is ‘free’.62 The schedule lists, inter alia, the ‘[p]roduction or processing of non-ferrous metals, including production of alloys’ and ‘[p]roduction or processing of ferrous metals (including ferro-alloys)’.63 Ferro-alloys are alloys that contain iron; they are, however, non-ferrous (i.e. non-ferrous ferro-alloys) if the iron content is less than 50%.64 The ferrosilicon produced by Finnfjord, for instance, is a non-ferrous ferro-alloy with an iron content of less than 25%.65 Ferrous ferro-alloys have an iron share of more than 50%. Pure metals are non-ferrous if they do not contain iron at all;66 otherwise, they are ferrous. As the lists covers both the production of ferrous and non-ferrous metals, all processes generating industrial waste heat within the meaning specified in section 2 fall within the scope of the ETS. The heat energy that is released with the process off-gases stems from the reaction of carbon and oxygen to CO and CO2, whereby the hot CO further oxidises to CO2 in the presence of air.67 As a result of these reactions, considerable amounts of carbon dioxide are generated and emitted.68 Other greenhouse gases are released from the process as well;69 their share, however, is limited. Therefore, the only greenhouse gas specified by the list in Annex I in respect to the activities identified above is carbon dioxide. 60 DG-JRC, 'Draft Reference Document on Best Available Techniques for the Non-Ferrous Metals Industries' (2009) 632. 61 Alfred Endres and Cornelia Ohl, 'Kyoto, Europe? An economic evaluation of the European Emission Trading Directive' (2009) 19 European Journal of Law & Economics 17, 18. 62 See ETS-Directive (n 2), art 3(b). 63 ibid, Annex I. 64 Encyclopædia Britannica, ‘Ferroalloy’ (Encyclopedia Britaanica)PDF Image | ELECTRICITY PRODUCTION FROM INDUSTRIAL WASTE HEAT
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