DENR Responds to Coalition Concerns on Clean Air and Water Resources Acts

The Department of Environment and Natural Resources (DENR) notes the Coalition’s concerns about the Clean Air and Water Resources Act and welcomes the opportunity to clarify several key points.

The public consultation period for the Clean Air Act was extended from an initial three weeks to six weeks to provide sufficient time for public input. During this extended period, DENR received 190 submissions through public forums and meetings with various organizations. Many of these were responded to during the consultation period. We are now reviewing these submissions, with specific points requiring further examination by the Attorney General’s Chambers for potential inclusion in the proposed amendments.

Additionally, DENR received an 88-page document from Earth Forward Group Inc. (EFG), representing the Bermuda Clean Air Coalition (BCAC) and BEST, on the last day of the extended consultation period (August 30th). While this later submission has contributed to some delays, DENR is actively reviewing the information in this document. Furthermore, we received a separate 89-page submission from BCAC after the deadline due to file transfer issues, which are also under consideration. It must be noted that BCAC did not participate in any in-person consultation opportunities despite multiple invitations.

On the other hand, BEST submitted two documents, both of which were included in the 190 reviewed submissions and received responses during the consultation period.

A Ministry of Home Affairs spokesman said, “We are disappointed by BCAC’s public criticism of DENR without meeting or before receiving their final submission. The Ministry believes communication through local media rather than direct engagement is not productive. DENR has always encouraged open, transparent, constructive dialogue regarding the Clean Air Act and will continue to do so.”

The Water Resources Act, first introduced in 1975, was designed to manage and safeguard Bermuda’s freshwater lenses, which are critical to our groundwater resources. However, it is essential to clarify that this Act does not cover potable tank water as suggested by the BCAC. The water testing referenced by BCAC pertains to BELCO emissions under their operating licence, approved by the Environmental Authority, and falls under the Clean Air Act, not the Water Resources Act. This distinction is essential in understanding the scope and intent of each legislative framework and would have been explained directly to the BCAC if they had chosen to meet in person with DENR.

The Government remains committed to aligning national regulations with World Health Organization (WHO) guidelines and more stringent international jurisdictions while considering Bermuda’s unique environmental and public health realities. The proposed legislation reflects this balance, ensuring that we adhere to international best practices while also ensuring feasibility in local implementation. DENR continues to evaluate new data and recommendations to uphold the highest health and safety standards.

DENR is responsible for enforcing the Clean Air and Water Resources Act in close collaboration with other regulatory bodies. We are committed to ensuring compliance through regular inspections, reporting, and enforcement actions to maintain environmental integrity and protect public health.

In response to BCAC’s calls for a shift to renewable energy, the Government has already made this policy commitment under the Integrated Resource Plan (IRP), which the independent Regulatory Authority is currently reviewing. Public and stakeholder engagement opportunities will continue as part of the ongoing consultation process. The transition to renewable energy is critical to our long-term environmental strategy, and DENR is fully committed to this shift.

 

The Coalition’s recommendation to review DENR’s food import policies concerning nutrition-related health issues falls outside the scope of the Clean Air and Water Resources Acts. While the Government is dedicated to encouraging access to healthy food options, there is no direct connection between food importation and air or water quality concerns. The DENR remains open to discussions on food policy, though it is separate from air and water resource management. Again, DENR could have explained this had BCAC taken the opportunity to meet.

DENR firmly refutes any allegations of negligence or failure to act in the public interest. “Our approach to policymaking is evidence-based, transparent, and inclusive”, a Ministry spokesman advised, “The DENR remains committed to protecting the environment, and we will continue working diligently to ensure that the necessary legislative frameworks are in place to address current and future challenges.”

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