Press Release

BALTIMORE, MD (August 13, 2008) – Today the Maryland Department of the Environment (MDE) announced six recent enforcement actions in response to violations of air quality standards that ensure that the use of radioactive materials and radiation machines is done in accordance with stringent safety standards.

“At the Maryland Department of the Environment, one of our top priorities is enforcing the environmental and public health laws that protect all Marylanders. It’s our job to make sure that businesses are in compliance with air quality laws, and MDE will take enforcement action when necessary,” said MDE Secretary Shari T. Wilson. “We are indebted to our 132 inspectors who are responsible for enforcing Maryland’s environmental and public health laws.”

Air Pollution Enforcement Actions

Maryland law requires permits for specified categories of businesses operating in Maryland to control air pollutants such as fluoride, which is emitted from certain industrial processes. Exposure to excessive fluoride can irritate the skin, eyes, and lungs and can cause damage to bones and teeth.

PEMCO Corporation – Baltimore City
On June 18, a Consent Order between the PEMCO Corporation and MDE was executed to settle violations of Maryland’s ambient air quality standard for fluoride and conditions of PEMCO’s air quality operating permit. The violations included twenty-one incidences when the fluoride standard was exceeded during two vegetative samplings performed in neighborhoods around PEMCO’s plant. The Consent Order requires PEMCO to pay a civil penalty totaling $50,000.

MDE also determined that PEMCO violated their air quality permit when they failed to correctly submit an annual compliance certification report, failed to perform monthly visible emission observations, and failed to maintain an operation and maintenance plan for their air pollution control equipment. The Baltimore PEMCO plant has since shut down.

Radiation Enforcement Actions

Users of technologies that employ radiation, such as medical and industrial X-ray equipment and devices that contain radioactive materials, must meet strict requirements that ensure the protection of public health. These requirements lay out in detail various performance requirements for X-ray machines, precautions for staff that operate the machines and devices, licensing of the sources of the materials used, and documentation. Violations found in any of these cases may result in the assessment of some form of financial penalty.
It is important to note that while the violations described below warrant the assessment of a penalty, there were no resulting impacts on the health and safety of the patients or staff at any of these facilities.

Diageo NA – Baltimore County
Several violations Maryland radioactive materials regulations were cited, of which the most significant was Diageo’s loss of a general licensed radioactive materials source that has not been recovered. The Department seeks a penalty of $17,700.
Katherine Collier, DDS – Baltimore City
This dental facility was found to have violated Maryland radiation control regulations relating to the use of radiation machines, and documentation of correction of these violations has not been received. The violations include a dose timer that failed to meet an accuracy test and a higher-than-allowed number of pulses when the machine is in operation. The Department seeks a $4,000 penalty.
Stevenson Village Veterinary Hospital – Baltimore County
For violation of Maryland radiation control regulations relating to use of radiation machines, the veterinary hospital paid the Department a penalty of $1,000.
Yuey S. Moy, DDS – Prince George’s County
In response to the Department’s claims against this dental facility for violation of Maryland radiation control, the facility has paid the Department a penalty of $500.
Victoria M. Switzer, DDS – Howard County
For violating Maryland’s radiation control regulations relating to the use of radiation machines, the dental facility has paid the Department a penalty of $250.

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