The Ministry of Home Affairs categorically refutes the recent assertions made by the Bermuda Clean Air Coalition (BCAC), as they misrepresent ongoing efforts to improve Bermuda's air quality and the transparent processes undertaken to strengthen clean air regulations. Furthermore, the Ministry takes this opportunity to set the record straight on key issues raised by the BCAC.

Substandard Monitoring Equipment

Contrary to BCAC's claims, the Department of Environment and Natural Resources (DENR) has significantly enhanced the island's air quality monitoring systems. The recent strategy includes deploying seven pole-mounted sensors, allowing improved data collection closer to residential areas. These sensors are a critical addition to Bermuda's air quality infrastructure. 

While US EPA-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.

DENR has strategically balanced monitoring accuracy and practicality by reducing the number of large US EPA stations from two to one and supplementing this with portable pole-mounted sensors. If exceedances are detected, DENR will collaborate with landowners to determine suitable locations for large monitoring stations.

Diluted Enforcement Mechanisms in the Draft Act

This claim is entirely false. The draft Act's enforcement provisions have been strengthened to ensure compliance and accountability from all stakeholders.  

Failure to Adopt World Health Organization (WHO) Standards

The WHO provides guidelines, not enforceable standards, for air quality. DENR is unaware of any country that has legislated the WHO guidelines as enforceable limits.

DENR has aligned Bermuda's Clean Air Regulations with the UK's aspirational target levels and adopted the recently updated US EPA standards for fine particulate matter, ensuring Bermuda remains at the forefront of air quality governance.

Bill Tabled Without Accompanying Clean Air Regulations

The legal process for legislation requires the Act to first be amended to create regulatory-making powers before regulations can be laid. The Clean Air Regulations will be tabled and debated early in the new year through the affirmative resolution process. 

Alleged Rejection of BCAC Advisory Offers

DENR directly contacted BCAC four times during the 10-week consultation period and only received BCAC's submission response after the August 31 deadline. Despite this, DENR reviewed the submission and considered their suggestions during the amendment process. 

Alleged Failure to Engage with Public Feedback

DENR actively engaged with stakeholders throughout the consultation process, hosting meetings with BELCO, AirCare Ltd., and the Ministry of Public Works. DENR also received and reviewed:

• 44 public comments from the online forum,
• 43 email submissions, and
• Suggestions from BCAC's 89-page report (submitted late), several of which informed the amendments, such as increased fines and enhanced nuisance controls.

These activities demonstrate DENR's commitment to transparency, public engagement, and inclusive policymaking.

Insufficient Penalties for Polluters

Contrary to BCAC's assertion, the proposed changes to current legislation significantly increase fines to deter violations, including:

• Non-compliance with operating license conditions: Increased from $5,000 to $20,000.
• Violation of a stop order: Up to $50,000 or 12 months imprisonment.
• Daily fines for continued non-compliance: $50,000 per day.
• Statutory nuisance violations: Up to $20,000, far exceeding penalties under the Public Health Act.

These changes underscore the Government's commitment to holding polluters accountable and protecting Bermuda's air quality.

Allegations of "Closed-Door" Meetings

All consultations occurred transparently in DENR's boardroom, with invitations extended to all stakeholders, including BCAC.

Ignoring BCAC's 89-page report

Although the DENR received the BCAC's report after the close of the consultation period, it was thoroughly reviewed alongside other stakeholder input. Key suggestions in the report, such as increased fines and stricter controls on animal waste storage, were incorporated into the amendments.

Commitment to Clean Air and Public Health

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 cooperation 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.