Companies with an annual energy consumption of more than 2.5 GWh must generally report their waste heat potential. The August 2024 version of the "Fact Sheet for the Platform for Waste Heat" now defines de minimis thresholds and regulates exceptions to the reporting obligation.
Energy efficiency is to be increased by making greater use of waste heat, among other things. Waste heat "is basically the part of the heat that is generated as an unintentional by-product in a process or plant whose objective is the production of a product, the provision of a service or the conversion of energy."
The platform for waste heat is intended to provide an overview of commercial waste heat potential in Germany and make waste heat usable. The basis for this has been Section 17 of the Energy Efficiency Act (EnEfG) since 18.11.2023. The Federal Office for Energy Efficiency (BfEE) at the Federal Office of Economics and Export Control (BAFA) has set up the public platform. Companies report their waste heat data there.
Who is affected?
According to Section 17 (1) EnEfG, companies with a total annual final energy consumption of more than 2.5 GWh on average over the last three calendar years must report their waste heat potential. A company is defined as any entity that carries out an economic activity, regardless of its legal form. However, there is no obligation to report if the internal or external use of the waste heat has already been fully contractually agreed or is under construction, or for nuclear facilities in accordance with the Atomic Energy Act.
Waste heat potential is defined as "waste heat from one or more waste heat source(s) that is diffused locally through a medium or (combined) and released to the environment without using the energy it contains."
The "Fact Sheet for the Waste Heat Platform" is updated on an ongoing basis and now specifies de minimis thresholds for plants and sites. If the thresholds are not reached, there is no obligation to report (Table 1).
|
In each case based on the last full calendar year or the last 12 months |
Threshold values |
Definition of |
Obligation to report? |
|
Plant threshold (Chap. 3.2) Per plant |
<200 MWh per year OR <1500 operating hours per year OR waste heat temperature < 25° C on an annual average |
No significant amount of waste heat |
no |
|
Site threshold (section 3.3) Sum of the waste heat quantities of the waste heat potentials at the site |
<800 MWh per year |
not significant |
no |
A site is defined as "a spatially coherent, delimited and self-contained business premises ... ."
Estimation of the amount of waste heat
200 MWh/a correspond to
- for electrical processes with a ratio of captured waste heat to rated electrical output of 90 percent and 1,500 full operating hours to a rated electrical output of 148 kW.
- for combustion processes (process heat/heating systems) with an efficiency of 85 percent and 1,500 full operating hours, a rated thermal input of 889 kW.
Waste heat from several systems that is combined in a waste heat-conducting medium is to be regarded as waste heat from one system. Examples are listed in the information sheet.
A used waste heat source - and therefore no waste heat potential - exists if the waste heat generated at a waste heat source is used internally or by an external third party to generate energy to such an extent that the remaining waste heat is below the plant threshold.
As the data to be reported cannot always be measured in full, estimates or modeling of values on the platform for waste heat are generally permitted; they must be plausible and comprehensible and documented in a way that is comprehensible to third parties. The "Fact sheet on determining total final energy consumption" (BAFA) provides useful information.
Further exceptions and special cases, e.g. for affiliated companies, industrial parks with shared waste heat flows, tenancies, company or site closures, are explained in Chapter 7 of the information sheet.
Notification obligation, activities, deadlines, fines
Section 17 (1) EnEfG stipulates which information must generally be submitted. This includes, among other things:
- Name of the company,
- the address of the site or sites where the waste heat is generated
- the annual amount of heat and maximum thermal output,
- the temporal availability in the form of performance profiles over the course of the year,
- the available options for controlling temperature, pressure and feed-in,
- the average temperature level in degrees Celsius.
Practical tips and information can be found in the BAFA information sheet and technical guidelines. It is useful to have suitable software in which waste heat potentials and other required information can be continuously recorded and then reported via the platform.
Note: When reporting for the first time, only significant and managed waste heat potentials must be reported. Potentials with an annual average temperature level of more than 20 °C are considered significant.
Companies must first determine whether they are affected. Depending on their annual energy consumption, they must fulfill defined obligations, i.e. report waste heat potentials, carry out energy audits in accordance with EDL-G, draw up implementation plans, set up and maintain an energy or environmental management system and evaluate measures in terms of cost-effectiveness in accordance with VALERI (DIN EN 17463:2021-12). They must also identify changes in energy legislation and derive and implement the necessary measures. So-called blank reports on
- Waste heat sources that do not exceed the plant threshold,
- sites where the site threshold is not exceeded and
- companies that do not exceed the location threshold at any location,
are not required.
In principle, companies must submit or confirm the information by March 31 of a calendar year at the latest. The original deadline has been suspended for twelve months, the first notification is possible until January 1, 2025, until then no fines will be levied. However, companies must report any changes immediately. Fines of up to 50,000 euros may be imposed for administrative offenses.
First of all, companies must determine whether they are affected - it's easy to do this using the reporting obligation audit trail in accordance with section 3.3. Waste heat potential must then be identified and reported via the waste heat platform. Changes in energy legislation must be continuously identified and the necessary measures derived and implemented.
Conclusion:
Energy law provides the basis for greater energy efficiency. Companies must identify applicable obligations and take appropriate measures. With the platform for waste heat, heat producers and consumers can be brought together for the benefit of those involved and climate protection. Suitable software and energy and environmental management systems make the work easier. Further sources of information:
Energy Efficiency Act / Energy Services Act / Fact sheet for the waste heat platform
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What companies can expect
The Energy Efficiency Act and the Act on Energy Services and Other Energy Efficiency Measures are to be amended and drafts are already available. The main changes planned are
Energy Efficiency Act (EnEfG)
- The threshold values in sections 9, 16 and 17 are to be raised from 2.5 GWh to 2.77 GWh (equivalent to 10 terajoules). They also affect the reporting obligation for waste heat potential.
- The review of the implementation plans in accordance with section 9 sentence 5 by external third parties such as certifiers, environmental verifiers or energy auditors is to be dropped.
- The implementation plans should have to be updated annually to reflect the status of implementation.
Law on energy services and other energy efficiency measures (EDL-G)
- The obligation to carry out energy audits in accordance with Section 8 is no longer to be made dependent on SME status, but on total energy consumption: In future, companies with a total energy consumption of 2.77 GWh (previously no threshold) are to be subject to the energy audit obligation.
- The requirements for energy audits under Section 8a are to be adapted to the requirements of the EnEfG. This concerns the determination and assessment of waste heat potential, the economic efficiency assessment according to the VALERI method (DIN EN 17643) and the determination of the potential for the use and generation of renewable energies. In future, an energy audit should also include an assessment of the feasibility of connecting to district heating and cooling networks.
- Provisions on the conclusion of an energy performance contract are to be included, whereby, for example, a company ("beneficiary") concludes a contract with a service provider ("provider of an energy efficiency improvement measure"). The measure must be reviewed and monitored throughout the term of the contract. The contract should include specific targets for increasing energy efficiency and the obligation to achieve the targets. During the term of the contract, the company should be exempt from the energy audit obligation.
- Aviation fuels should no longer be exempt from balancing.
