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184 WASTE HEAT AND EUROPEAN CLEAN ENERGY POLICIES necessary to maintain the process and can be merely supported by electricity generated on-site. Therefore, it is only under the condition of an ideal market and a specific process design that the generation of electricity is effectively favoured over the combustion of waste gas for the production of heat. It seems likely that under realistic circumstances, undue distortion of the respective markets will be avoided or at least minimised. 5.2.2 Electric Power Market Apart from heat delivery as an alternative form of heat recovery, waste heat electricity also competes with electricity from renewable energy sources and combustion of fossil148 fuels. As regards their treatment under the ETS schemes, the playing field between waste heat, conventional and renewable electricity is determined by two factors: Unlike the generation of waste heat electricity and conventional electricity, the production of renewable energy does not require the surrender of allowances; and unlike conventional electricity, waste heat electricity is eligible for free allocation. 5.2.2.1 Electricity From Renewable Energy The industry argues that one of the drawbacks of waste heat electricity is its dependence on other, carbon-intensive processes. This might entail economic disadvantages such as a reduced ability to react to fluctuations in public power demand, or the exposure to increasing coal prices; those economic factors, however, remain outside the scope of a legal inquiry. In the context of the ETS, the stated necessity results in a factual differentiation between waste heat and renewable energy: While neither electricity production from renewable energy nor the transformation of industrial heat into electric energy is subject to an obligation to surrender allowances, the latter cannot take place without other processes for which operators do have to surrender allowances. At the efficiency level described above, the process needed to generate sufficient amounts of heat requires the surrender of 0.094 allowances for every MWh of electricity produced.149 It also requires the intake of grid power to set off the reduction process, and hence the indirect payment of grid power allowances; these allowances, however, are not quantifiable and will not be taken into account in the further consideration. Yet the fact remains that the generation of waste heat electricity requires the surrender of allowances, while the generation of electricity from renewable energy does not. As both forms of electricity production are ‘green’ in the sense that they do not cause any additional greenhouse gas emissions, this disparate treatment might be found unfair: The Fifth Environmental Action Programme, which informs the establishment 148 Biomass is excluded, see ETS-Directive, Annex I(1). 149 (1 − 0.9114) ∗ 18 = 0.0938. 17PDF Image | ELECTRICITY PRODUCTION FROM INDUSTRIAL WASTE HEAT
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