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NORTH EAST LAW REVIEW 169 Diagram no. 5: Overview of process emissions installations (the emissions considered process emissions are marked by the red ellipses).85 It has been stated previously that in the processes generating industrial waste heat, CO occurs, but reacts further to CO2. Hence, the processes are best described by the diagram on the bottom left. The only emissions that count toward the historical activity level (determining the amount of emissions eligible for free allocation) are the ones marked in red. As ‘in practise no measurement data seems to be available’86 on the share of the marked CO2 in the total off-gas, ‘a default value based on the assumption that 75% of the carbon content of the gas-mix is fully oxidised (CO2) should be applied.’87 It follows that the historical process emission level of the relevant installations is 75% of their total CO2 output. The preliminary annual number of emission allowances is 0.97 of that amount, or 72.75% of their total historical CO2 output. As the production of non-ferrous metals has been deemed exposed to carbon leakage,88 this preliminary number will not be modified by the CLEF until 2020.89 4.2 Waste Heat Electricity Under the ETS Having figured out the amount of allowances allocated for free as regards the processes generating industrial waste heat, the crucial question is now whether this amount is further modified as a consequence of the utilization of this heat for the production of 85 DG-CLIMA, Guidance Document 8 (2011) 7. 86 DG-CLIMA, Explanatory Note Process Emissions (2011). 87 DG-CLIMA, Guidance Document 2 (2011) 22. 88 Commission Decision 2010/2/EU of 24 December 2009 determining, pursuant to Directive 2003/87/EC of the European Parliament and of the Council, a list of sectors and subsectors which are deemed to be exposed to a significant risk of carbon leakage [2010] OJ L1/10, Annex 1.1. 89 ETS-Directive (n 2), art 10a(12).PDF Image | ELECTRICITY PRODUCTION FROM INDUSTRIAL WASTE HEAT
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