Roban: new air standards to ‘surpass’ those of UK and EU
Updates to Bermuda’s air quality standards have been tabled in the House of Assembly to bring the island in line with international best practices.
The Clean Air Amendment Bill 2024 was designed to target pollution in the form of poor air quality but also included nuisance odours released by a “controlled plant”, and specifically addresses particulates and soot.
The original 1991 legislation covered facilities from electricity production to the manufacturing of concrete, metal and chemical treatment, incinerators, the processing of sewage and dry-cleaning operations.
The new Bill would expand the definition of “controlled plant” to include “a facility for the treatment or disposal of manure”, along with “inflatable structures and open-air spray-painting operations”.
The Bill would also require anyone seeking a construction permit to show “the considered installation of abatement equipment for the purposes of preventing nuisance odour”.
Odours were defined as being injurious to health or interfering with general welfare or the use of a property.
The Bill would allow for the issuing of an emission control order when a facility is found to be in breach of standards, which would also empower an inspector to request an “air quality action plan” to be submitted for approval — with a stop order to follow if it is not adhered to.
The licensee of a controlled plant who fails to comply with an order, or where “the nuisance is likely to recur”, can be sent to court and held liable to a fine not exceeding $20,000.
The Bill would also allow for fines of $5,000 a day upon conviction of breaking an order, and enable the “cancellation, suspension and variation” of licences where an action plan has not been followed.
Walter Roban, the home affairs minister, told the House of Assembly that the amendments marked “a pivotal step towards safeguarding our environment and ensuring that quality of life is not detrimentally impacted by air pollution”.
He told MPs that the 1991 Act and 1993 regulations had regulated emissions from more than 600 facilities including power generators, incinerators, rock sifters and spray-paint firms.
However, the island’s standards would be enhanced, “surpassing those enforced in the UK and EU”.
Mr Roban added that the list of controlled chemicals requiring import or export permits would be expanded.
He said the Bill had been informed by a ten-week consultation period that included contributions from groups such as the Bermuda Environmental Sustainability Taskforce, the Bermuda National Trust, MediWaste, Skyport and Wedco, as well as Belco, AirCare Limited and the Ministry of Public Works.
Consultation time was extended from its original three weeks after criticism from environmental groups.
• To read the minister’s statement in full, see Related Media
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