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Government reopens clean air law consultation

Pembroke residents have been calling for action over pollution from Belco’s North Power Plant for several years (File photograph by Akil Simmons)

The Government has increased the consultation period on proposed amendments to clean air legislation, reversing a previous decision to stick to the original feedback deadline.

The Ministry of Home Affairs confirmed that the public consultation was reopened with the period to close on August 31, as opposed to the original July 10 cut-off date.

Residents can submit feedback through forum.gov.bm/en/projects/clean-air-amendment-bill.

The Bermuda Clean Air Coalition, Bermuda Environmental Sustainability Taskforce and environmental consultancy firm Earth Forward Group earlier called for an extension of the original three-week consultation period, which the Government rejected.

After the Government’s reversal of that refusal, the BCAC issued a statement to The Royal Gazette where it called on scientists, lawyers, former regulators and other experts on the island and around the world to assist in reviewing the “crucial” legislation.

It also called for a tougher penalty system to be put in place.

The BCAC represents all Bermudians, especially residents, schools and businesses in the area of Belco that have suffered from soot fallouts, odours and high levels of airborne contaminates that have originated from the plant’s North Power Station.

The Clean Air Amendment Bill, put online last month for public consultation, was intended to refine the limit values of pollutants to help reduce acute and chronic risks to the public and the environment.

The ministry said in its latest correspondence that submissions will be considered by it and the Attorney-General’s Chambers before the Bill is tabled in September.

A spokesman for the ministry said: "In light of the feedback received from various consultees, including residents directly affected, who through their representatives made it clear that they remain keenly interested in ensuring this Bill will do as much as it can to address their situation, the ministry has decided to reopen the Clean Air Amendment Bill public consultation, extending the deadline to August 31, 2024.“

The BCAC said in its statement that it “cautiously” welcomed the extension, and that it remained “vigilant and committed to ensuring a thorough and transparent review process”.

It said: “While the Government's decision to extend the consultation period by six weeks is a step in the right direction, it still falls far short of international best practices and the Government's own standards in other areas …

“BCAC urges the Government to use this extended period to organise public meetings for transparent, collective community input, provide full transparency on stakeholder feedback incorporation, including from Belco, and engage independent experts to assess the implications of the proposed amendments.”

The campaign group said that with the proposed legislation, sulphur dioxide levels may not meet certain European thresholds and said it remained concerned about the standard of air-quality monitoring equipment in place.

A majority of air-quality monitoring stations on the island are not regulatory-grade and therefore cannot be used for prosecution.

The Government has said they are being used to find the ideal locations for regulatory-grade equipment at a later date.

The BCAC questioned the DENR’s monitoring of other emissions and odours around Belco, as well as odours coming from dairy farms. There have also been high levels of emissions from vehicular traffic detected in areas including East Broadway.

It added: “The BCAC emphasises that this legislation should defend Bermudians against specific pollutants — particulate matter 2.5 and 10, ozone, nitrogen dioxide, sulphur dioxide and carbon monoxide.

“The BCAC's concerns are not merely theoretical. Residents near Belco continue to experience dirty soot fallout as recently as yesterday, a problem persisting since the North Power Station came online over five years ago.

“What are the DENR and Belco doing right now to stop this?”

The BCAC demanded “an overhaul of the penalty structure” calling for substantially increased fines for noncompliance, criminal liability for executives in cases of egregious or repeated violations, mandatory remediation measures for environmental damage, and escalating penalties for repeat offences with the potential for revocation of operating licences.

There was no mention by the DENR about an extension to the Water Resources Amendment Bill and the online forum for that legislation remained closed.

However, the BCAC said: “Both are crucial for protecting Bermuda's environment and public health.”

Concerns have been raised about contaminates making their way into drinking water after experiences of soot falling on property roofs.

The BCAC added: “The coalition emphasises the political implications, particularly for constituencies 17 and 18, most impacted by Belco's pollution.

“As Bermuda approaches a General Election, the BCAC urges all parties and candidates to make environmental protection a key issue.

“Voters deserve to know where each party and candidate stands on these critical environmental issues.”

The home affairs ministry spokesman said: “We extend our gratitude to community members who have already provided their feedback and encourage other residents and organisations to share their views.

“DENR will continue working to arrange opportunities for one-on-one meetings with interested stakeholders."

Members of the public can also respond to the proposed amendments by e-mail at pollutionpontrol@gov.bm.

The DENR said it will contact engaged stakeholders with an invitation to in-person meetings.

Belco has been asked for comment.

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Published July 18, 2024 at 4:58 pm (Updated July 18, 2024 at 5:46 pm)

Government reopens clean air law consultation

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