Consultation submission calls for tougher air quality laws

Sarah Lagan

Updated: Sep 04, 2024 02:19 PM

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Hard-hit neighbourhood: residents and properties in Pembroke, including eastern St John’s Road, shown here, have been affected by soot and emissions from the Belco, not least since the commissioning of the North Power Station in 2020 (File photograph)

The Government has been called upon to introduce more stringent clean air quality standards than those proposed in its amendment Bill.

Pressure group the Bermuda Clean Air Coalition, in collaboration with US consultancy firm the Earth Forward Group, made the recommendation in its official consultation submission on August 31 in response to the Clean Air Amendment Bill.

The document has also been endorsed by the Bermuda Environmental Sustainability Taskforce, and received input from local scientists.

The Clean Air Amendment Bill is intended to refine the limit values of pollutants to help reduce acute and chronic risks to the public and the environment.

BCAC’s submission calls for the adoption of the World Health Organisation’s air quality guidelines, which are largely more stringent and scientifically current, compared with standards set out in the proposed legislation.

It suggests that when WHO guidelines were unavailable, as is the case with some emissions standards, the next-most stringent standard should be followed from organisations and political bodies including the European Union, United Kingdom or United States Environmental Protection Agency.

BCAC told The Royal Gazette in a statement: “This legislation is a critical opportunity to protect Bermudians' health and our environment.

"Our recommendations are based on international best practices and the urgent need to address longstanding air quality issues on our island.

“We call for more frequent reviews of air quality standards and meaningful public consultation in the regulatory process.

“The Government must also provide clarity on how it will delegate responsibilities for monitoring, control and enforcement under the new legislation."

The Ministry of Home Affairs confirmed it received the 89-page submission and said it is committed to reviewing and responding to it in due course.

Belco said it “will continue to meet all the requirements outlined in the acts and regulations that govern the company’s operations”.

The document calls for urgent implementation of regulatory-grade air monitoring equipment that can enable enforcement of the standards being proposed.

The Gazette reported last October that devices being purchased by the Government were unable to result in enforcement, but were rather being installed to assess where more expensive, regulatory-grade air monitoring equipment might be positioned in the future.

Collecting evidence: Belco soot collected from the roofs of the firm’s neighbouring properties in 2023 (File photograph by Akil Simmons)

Additionally, the consultation document calls for the “development of robust methodologies for measuring and regulating soot fallout events, which are not currently addressed in the legislation, and incorporation of these events as a ‘nuisance’ with an accessible public complaint system and mandatory remediation plans”.

One of the major environmental problems with emissions from Belco’s North Power Station, commissioned in 2020, has been with the fall out of soot on neighbouring properties.

The Department of Environment and Natural Resources has said previously that DENR, along with emissions regulator the Environmental Authority for which it consults, have been unable to adequately measure soot and therefore it cannot require Belco to address the issue to become compliant [see panel].

BCAC said in its submission: “If the Government has exhausted all reasonable options for the quantification and measurement of these soot particles, then we suggest that soot fallout events should be classified as a ‘nuisance’ similar to the proposed regulations for nuisance odour pollution.”

Fighting back: Arthurton Riviere, a St John’s Road resident, following a soot fallout from Belco in July 2022, which left his roof and property covered in orange rust and soot (File photograph)

The Department of Environment and Natural Resources said last March it was working to identify detection systems with which to create legislated or other limits on the soot fallouts.

It said it had reviewed data from opacity sensors inside Belco’s stack which measure smoke particles to ensure the level remains compliant with local regulations. Belco’s operating licence sets a target limit of 15 per cent opacity averaged over a period of six consecutive minutes in any one hour.

However, the spokesman said these particles travel so quickly that they are “very difficult to measure”.

The spokesman added: “If the Environmental Authority/DENR cannot show that the soot events breach the Clean Air Regulations 1993, it cannot require Belco to address the issue to become compliant.

“Even if noncompliance were measurable, Belco would be responsible for determining any necessary changes to its operations. The EA/DENR would never instruct Belco on how to become compliant in this regard.

“Also, the EA/DENR cannot state that noncompliance has occurred until the Department of Health rules the soot events are a ‘statutory nuisance’.”

Last July, the environment department informed the Minister of Home Affairs that Belco breached the Clean Air Act 1991, and the Regulatory Authority was instructed to take action.

A government notice referred to a condition in Belco’s operating licence that refers to emissions considered to be a statutory nuisance under the Public Health Act 1949.

The Royal Gazettepreviously reported that the Government had threatened to issue a legally binding emissions control order on Belco requiring it to control emissions from its North Power Station, as per the minutes of the EA.

Under law, statutory nuisances can make their way through the courts and result in fines of $2,000 per day, while emission control orders can result in fines of up to $50,000 per day for noncompliance.

Further abatement enforcement directions are available under both Acts.

Last December, the RA launched an investigation into Belco operations which is ongoing.

It said at the time: “The RA's investigation will specifically determine whether any costs associated with the operation of the Belco generation plant, in particular the NPS, have been unreasonably incurred.”

The Retail Tariff Review is a process that determines how the RA calculates and sets fees that Belco is allowed to pass on to the consumer.

Belco has spent millions of dollars on remediation and mitigation measures in relation to emissions from its plant including the use of a cleaner but more expensive fuel, the cost for which has been passed to the consumer.

The RA said then: “Should the inquiry reveal any impropriety or breaches of fair practice, the RA is prepared to take further necessary actions.”