The Government yesterday rebutted allegations of failing to control air pollution.

It came after the Bermuda Clean Air Coalition criticised the Government’s efforts in an opinion piece, which was published in Friday’s edition of The Royal Gazette.

Later that day, the Clean Air Amendment Act 2024 passed the House of Assembly after extensive debate.

A spokesman for the Ministry of Home Affairs asserted that the Department of Environment and Natural Resources “significantly” strengthened Bermuda’s air quality monitoring systems.

He cited the use of pole-mounted sensors to get better data across residential areas as one of many tactics employed by the ministry.

The spokesman added: “While US Environmental Protection Agency-compliant monitoring stations offer highly accurate data, their large size — comparable to a shipping container — and stringent siting requirements limit their placement in areas most affected by complaints.

“For example, a portable station installed at Ocean Lane — at BCAC's request — was removed after two years due to significant inconvenience caused to a homeowner.”

The spokesman went on to say that the DENR reduced the number of large EPA stations on the island from two to one and filled the gap with the portable pole-mounted sensors.

He added that, if an excess of pollutants was detected, the DENR would work with landowners to find a proper location for monitoring stations.

The spokesman said that the BCAC’s claim that the amendment had “diluted” enforcement measures was “entirely false”.

The BCAC opinion article said that several provisions in the Bill appeared “weaker than the June version, with less stringent enforcement mechanisms and diluted community protections”.

The ministry spokesman explained yesterday that enforcement provisions had been “strengthened to ensure compliance and accountability from all stakeholders”.

He added that Bermuda’s failure to adopt World Health Organisation standards for air quality was pushed in a misleading manner.

The spokesman explained that these were in fact guidelines, not enforceable standards, and that the DENR was unaware of any country that enforced them.

He said that, instead, the DENR aligned Bermuda’s clean air regulations with Britain’s target levels for cleaner air and the EPA’s updated standards for fine particulate matter.

The spokesman also assured residents that Clean Air Regulations would be tabled and debated early in the new year, and explained that the amendment to the Clean Air Act first needed to be made to allow for regulatory powers.

He addressed the “alleged rejection of BCAC advisory offers”.

In its opinion piece, BCAC said: “While claiming to have consulted with certain groups, such as Belco and some individuals behind closed doors, [the DENR] ignored the BCAC’s repeated requests for engagement.

“Now, with the legislation poised for passage, the department suddenly offers to meet with the BCAC — but after the vote in a cynical gesture that underscores its disregard for meaningful public input.”

The ministry spokesman said that the pressure group was contacted four times during the ten-week consultation period, only to receive the group’s submission response after the August 31 deadline.

He added: “Despite this, DENR reviewed the submission and considered their suggestions during the amendment process.”

On the alleged failure to engage with wider public feedback, the spokesman said that the DENR “actively engaged with stakeholders throughout the consultation process”.

He explained that the department hosted meetings with Belco, AirCare and the Ministry of Public Works.

He added that the DENR also received and reviewed 44 public comments from the online forum and 43 e-mail submissions, on top of suggestions from BCAC's 89-page report.

The spokesman said that several suggestions, such as increased fines and enhanced nuisance controls, informed the amendments.

He added that punishments were significantly increased, with the harshest penalties being a $50,000 fine or 12 months imprisonment for violating a stop order and a $50,000 fine for every day of non-compliance.

The spokesman insisted that all consultations were held with transparency in the DENR’s boardroom, contrary to an allegation of “closed-door meetings”.

He added that all stakeholders, including the BCAC, were invited.

The spokesman said: “The Government remains steadfast in its commitment to protecting Bermuda's air quality and public health through robust, evidence-based regulations.

“DENR continues to welcome constructive dialogue and co-operation from all stakeholders, including BCAC, to achieve these goals.

“The Government encourages the public to review the draft of the Clean Air Amendment Bill which remains available online at forum.gov.bm.”