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168 WASTE HEAT AND EUROPEAN CLEAN ENERGY POLICIES level are type (b) process emissions, i.e. CO2 emissions from one of the following activities: i. the chemical or electrolytic reduction of metal compounds, ii. the removal of impurities from metals and metal compounds, iii. the decomposition of carbonates, iv. chemical syntheses where the carbon bearing material participates in the reaction, for a primary purpose other than the generation of heat, v. the use of carbon containing additives or raw materials for a primary purpose other than the generation of heat, vi. the chemical or electrolytic reduction of metalloid oxides or non-metal oxides such as silicon oxides and phosphates.82 Until now, the Court of Justice has not had any opportunity to comment on the interpretation and application of these categories. However, there is no apparent reason for assuming that they are meant to be mutually exclusive; consequently, a process can fall into more than one of the mentioned categories. The utilization of coal as reducing agent for the chemical reduction of iron oxide as described in section 2 lies within the scope of the last three categories. It follows that, in general, the CO2 emitted from the processes generating industrial waste heat is considered a process emission eligible for free allocation. However, not all of the carbon dioxide in the off-gas counts toward the historical activity level. This is because type (b) process emissions only comprise CO2 emissions which occur ‘as a result of any of the (listed) activities’83. According to the Guidance Documents issued by the Directorate-General Climate Action, the causal link between activity and emission has to be very close: Process emissions of type (b) only cover CO2 as direct and immediate result of the production process or chemical reaction and as directly released to the atmosphere. CO2 from the oxidation of CO is not covered by type (b) regardless if this oxidation takes place in the same or a separate technical unit. Example: A chemical reduction process leads to the production of a mix of CO and CO2. At the presence of air, the CO is further oxidised to CO2 and as result, 100% CO2 is released to the atmosphere. The CO2 from the oxidation of CO cannot be regarded as process emission type (b), since only the CO2 as direct result of the activities can be considered as process emission of type (b) and as CO2 from the oxidation of CO is covered by type (c) (in case of energy recovery).84 82 Benchmarking Decision (n 5), art 3(h). 83 Benchmarking Decision (n 5), art 3(h). 84 DG-CLIMA, Guidance Document 8 (2011) 5 (parts omitted).PDF Image | ELECTRICITY PRODUCTION FROM INDUSTRIAL WASTE HEAT
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