2.—(1) An activity is not a Part B activity if—S
(a)it cannot result in the release into the air of a substance listed in paragraph 9, or
(b)there is no likelihood that it will result in the release into the air of any such substance except in a quantity such that—
(i)it is incapable of causing harm, or
(ii)its capacity to cause harm is insignificant.
(2) [F1Sub-paragraph] (1) does not apply to an activity which may give rise to an offensive smell noticeable outside the site where the activity is carried out.
Textual Amendments
F1Word in sch. 1 Pt. 2 para. 2(2) substituted (30.10.2014) by The Pollution Prevention and Control (Scotland) Amendment Regulations 2014 (S.S.I. 2014/267), regs. 1(1), 10(b)