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The Environmental Permitting (England and Wales) Regulations 2007

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Application of Part B activities: releases into the air

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6.—(1) Subject to sub-paragraph (2), an activity must not be taken to be a Part B activity within Part 2 of this Schedule if it cannot result in the release into the air of a substance listed in sub-paragraph (3) or there is no likelihood that it will result in the release into the air of any such substance except in a quantity which is so trivial that it is incapable of causing pollution or its capacity to cause pollution is insignificant.

(2) Sub-paragraph (1) does not apply to—

(a)an SED activity; or

(b)an activity which may give rise to an offensive smell noticeable outside the site where the activity is carried on.

(3) References to, or to the release into the air of, a substance listed in this paragraph are to any of the following substances—

(a)oxides of sulphur and other sulphur compounds;

(b)oxides of nitrogen and other nitrogen compounds;

(c)oxides of carbon;

(d)organic compounds and partial oxidation products;

(e)metals, metalloids and their compounds;

(f)asbestos (suspended particulate matter and fibres), glass fibres and mineral fibres;

(g)halogens and their compounds;

(h)phosphorus and its compounds;

(i)particulate matter.

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