Press Release

BALTIMORE, MD (April 9, 2008) – The Maryland Department of the Environment (MDE) Air and Radiation Administration (ARMA) is responsible for ensuring that the air quality in Maryland meets standards that protect public heath and the environment along with ensuring that the use of radioactive materials is done in accordance with stringent safety standards. The Air and Radiation Management Administration finalized the following enforcement actions between February 1 and March 31, 2008. These enforcement actions cover the counties of Anne Arundel, Carroll, Frederick, Montgomery, Prince George’s, and Baltimore City.

“Enforcing environmental laws is an important component of Maryland’s efforts to protect human health and the environment,” said MDE Secretary Shari T. Wilson. “We are indebted to our 132 inspectors who are responsible for enforcing Maryland’s environmental laws.”

Maryland law requires that all users of radioactive materials must have a license. This licencing process ensures that users such as medical professionals using x-ray machines and researchers in laboratories understand how to handle radioactive materials in a safe manner.

  • Anne Arundel Medical Center – Anne Arundel County -- On February 26, MDE reached a Settlement Agreement with Anne Arundel Medical Center. The Agreement includes payment by Anne Arundel Medical Center of $20,000 to the Department. The Department cited the facility with two misadministrations of radiation where two patients were treated with radiation not in accordance with their prescribed treatment plan.
  • Lawrence Z. Satin, M.D. – Montgomery County -- On February 15, MDE reached a Settlement Agreement with Lawrence Z. Satin, M.D. The Agreement includes a penalty payment of $80,000 in installments over a twelve-month period. MDE had cited Dr. Satin with transferring his clinical cardiology practice to another physician without terminating his radioactive materials license. This resulted in another physician receiving and using radioactive materials under Dr. Satin’s license without the knowledge of the Department or review by the Department to determine whether all users of radioactive materials were qualified to do so.

Electricity generators in Maryland must submit periodic emission reports to MDE. These reports provide information that MDE uses to ensure that these stationary sources comply with state regulations. If the generator is not in compliance, then MDE can recommend and/or require appropriate mitigation.

  • Panda Brandywine-Prince George’s County -- On February 15, Panda paid a $15,000 penalty for violating a condition in their Consent Order. The Consent Order, signed in March 2007 with ARMA, required the submittal of monthly emission reports, which Panda did not submit. The Consent Order settled nitrogen oxide violations at Panda’s electric generating unit.

    Panda Brandywine operates an electric generating station in Prince George’s County consisting of two combustion turbines rated at 84 megawatts each that burn natural gas. The facility operates as a peaking unit, operating on high demand days. Turbines fueled by natural gas produces significantly less air pollution than coal-fired generators. Maryland law requires permits for specified categories of businesses operating in Maryland. Volatile organic compounds (VOCs) are emitted as gases from certain solids or liquids. VOCs include a variety of chemicals, some of which may have short- and long-term adverse health effects. VOCs are a key contributor to ground-level ozone or smog. Exposure to VOCs both indoors and outside can result in a variety of health effects including irritation to eyes, nose and throat, and damage to the nervous system, kidneys, and other organs in increased concentrations.
  • G&K Services – Prince George’s County --On March 19, ARMA and the Attorney General’s Office filed a Consent Decree in court to address air pollution violations that occurred at the G&K industrial laundry facility located in Laurel, Prince Georges County. The Decree requires that the Company achieve compliance with air quality requirements and pay a $150,000 penalty for past violations.

    As background, G&K Services operates an industrial laundry facility located in Laurel, Prince George’s County. G&K bought the facility from the previous owner and hired a consultant to conduct an environmental assessment of the facility. During the assessment, it was discovered that the facility was a major source of volatile organic compounds (VOC) and had never obtained the required air quality permits. Under ARMA regulations, major sources must determine and implement VOC reduction controls, which had also never been done. The facility has since achieved compliance by ceasing the use of VOC-laden materials and by submitting applications for the air quality permits. Due to the nature of the violations, the facility is listed with EPA as a high priority violator.
  • Gas Station Enforcement Actions -- On February 15, MDE issued eleven enforcement actions to gas stations for air pollution violations. Each enforcement action consisted of a Notice of Assessed Civil Penalty. The penalties range from $1,000 to $4,000. The actions address various violations of gasoline vapor recovery regulations, including failure to test, failure to provide test results, failure to train workers, failure to keep records, and failure to post signs.

    Proper operation and maintenance of gasoline vapor recovery equipment at gas stations is an important component of Maryland’s Program for reducing VOC emissions to address ground-level ozone exceedances.

Maryland law prohibits the creation of nuisance odors. Nuisance odors are odors that MDE determines unreasonably interfere with the use and enjoyment of property.

  • Synagro-Baltimore L.L.C. -- Baltimore City -- On February 25, MDE received a $27,000 penalty payment from Synagro for violations of air quality requirements. Synagro operates a sludge pelletizer plant that dewaters sludge waste from Patapsco Waste Water Treatment Plant to form a dry pellet.

    The penalty addressed nuisance odor violations and permit condition violations. Synagro had a malfunction of their air pollution control equipment that allowed sewage odor to affect nearby neighborhoods. During this time MDE received numerous citizen complaints about sewage odors. Based on MDE’s investigation it was determined that Synagro was the source of the odor.

    Also, MDE’s review of quarterly monitoring reports revealed that Synagro failed to comply with certain conditions of their air quality permit.

    Synagro addressed their violations and is now operating in compliance with air quality requirements.

Maryland law mandates the control of particulate matter. Particulate matter is a complex mixture of small particles and liquid droplets. Particle pollution is made up of a number of components, including acids (such as nitrates and sulfates), organic chemicals, metals, and soil or dust particles. Coarse particles such as those found near roads and dusty industries are larger in size. Fine particles are found in smoke and haze and can be formed when gases emitted from power plants, industries, and automobiles react in the air. These particles work their way into the respiratory system exacerbating respiratory conditions such as asthma.

  • Lafarge – Frederick Quarry – Frederick County - On February 27, MDE signed a Consent Order with Lafarge to address violations of air quality requirements. Lafarge violated air quality requirements by failing to take reasonable precautions to prevent particulate matter and dust from becoming airborne at its Frederick quarry and crushing operation. The Order requires payment of a $20,000 penalty for the violations as well as major improvements to the plant to reduce air pollution and dust emissions. On March 11, MDE received the $20,000 penalty payment from Lafarge as required by the Consent Order.

    Improvements required by the Order include, among others, a major upgrade to the water suppression system for the crushers, upgraded dust suppression on the storage piles, and improvements to dust control on the plant roads. The Order also requires the Company to submit plans to MDE for overall plant dust control and to keep extensive records of the operation of all air pollution control equipment and procedures.

    MDE had received a number of citizen complaints about airborne dust from the quarry’s operations. MDE issued nine Notices of Violation to Lafarge for failure to control dust emissions, leading to this enforcement action.
  • Lehigh Cement Company – Carroll County - On March 5, MDE and the OAG sent an “Opportunity to Settle” letter to the Lehigh Cement Company (Lehigh). The Opportunity to Settle letter addresses air quality violations that occurred at their Union Bridge facility in Carroll County. The violations occurred when Lehigh’s Portland cement kiln and clinker cooler baghouses failed a particulate matter stack test. Periodic stack testing is required by Lehigh’s air quality permit.

    The Opportunity to settle letter provides Lehigh with an opportunity to discuss settlement of the violations, including achieving compliance and a penalty.

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