Utility fined for air pollution violation

Environmental advocates call Mirant’s $250K ‘slap on the wrist’

As part of the settlement, Mirant subsidiary Mirant Mid-Atlantic LLC agreed to cut visible emissions and other air quality violations at Mirant’s Morgantown plant in Charles County, Chalk Point plant in Prince George’s County and Dickerson plant in Montgomery County.

Mirant would reduce by 30 percent particulate matter emissions, blamed for an increase in asthma at the Morgantown plant, and install fine particulate matter continuous emission monitors at all three plants as part of the 63-page consent decree, which detailed numerous violations of pollutant standards going back to December 2003.

Mirant would pay $175,000 in direct fines and another $75,000 to retrofit devices on Prince George’s school buses to reduce pollution emissions.

Maryland Environment Secretary Shari T. Wilson said in a statement that the improvements secured by the consent decree will improve the state’s environment and public health through lower particulate emissions and better monitoring. The consent decree attributed an increased risk of asthma, lung disease and heart problems to the pollutants.

Mirant has until July 1, 2009, to comply with the consent decree.

‘‘Mirant’s consent decree with the Maryland Department of the Environment will enable us to move forward with improved operations at the Morgantown, Chalk Point and Dickerson power plants,” said Misty Allen, Mirant director of external affairs. ‘‘Full implementation of the terms of the consent decree will improve air quality for the region.”

Mirant faced more than $10 million in fines for the violations, which dated back years but were not enforced.

Frank O’Donnell, president of environmental group Clean Air Watch in Washington, said the Mirant fines appeared to be too low considering the damage to people’s health that can be caused by pollution violations.

‘‘You’re talking about one of the biggest polluters in the state and people are going to be at great risk if they continue to pollute more,” he said.

Environmental Maryland, a watchdog group, also criticized the fine.

‘‘It sounds like Mirant got a slap on the wrist when they needed a punch to the gut to stop doing that,” said Tommy Landers, field organizer for Environment Maryland.

While the consent decree was a small step in the right direction, federal and state environmental agencies need to do more, Landers said.

The federal Environmental Protection Agency on Wednesday night announced a new national air quality standard for smog and called for ‘‘sweeping changes to the Clean Air Act” at the behest of industry, Landers said.

The decision by the EPA ran counter to the EPA’s own scientific advisers, he said.

The Clean Air Scientific Advisory Committee, which advises the EPA on air quality standards, had recommended an ozone standard of no greater than .07 parts per million ozone, while EPA Administrator Stephen L. Johnson advocated .075 ppm.

‘‘The Bush EPA has been doing industry’s bidding for seven years, but this takes the cake,” Landers said. ‘‘These changes would strike at the heart of the Clean Air Act and take us back decades in protecting Americans from air pollution.”

Landers’ group is also lobbying the House Environmental Matters Committee today and next week on bills to require a study of the potential effects of the Intercounty Connector highway on global climate change and public health.

‘‘We’re happy about the governor’s stance on the global warming solutions act and at the same time we’re concerned about the repercussions of the ICC,” O’Donnell said. ‘‘The ICC runs counter to the governor’s own initiatives.”