Despite years of community pushback and protest, the Maryland Department of the Environment (MDE) granted a funeral home permission to cremate human remains in Baltimore less than 200 feet from the nearest home.

But soon after it began operations earlier this month at 4905 York Road, residents documented black smoke rising from the facility’s emissions stack – something that was not supposed to happen under Vaughn Greene Funeral Home’s permit.

The first visible smoke sighting on July 13, by resident Lisa Polyak, was reported immediately to MDE which conducted a site visit that day and again on July 17.

Days later, on July 20, Polyak told The Brew, she observed another visible emissions release, capturing video of the black smoke plume which she submitted to MDE. The retired environmental engineer found the second pollution release to be telling.

“Even after MDE had been in touch with Vaughn Greene and conducted two site visits, the crematory went on to have a second smoke incident,” Polyak said, in an email.

More evidence of the state’s lax approach to regulating the controversial facility came from what Polyak discovered through a public records request:

No stack and opacity tests were conducted before letting the crematory open for business. And none are required for 90 days until mid-September.

The second release and Polyak’s discovery spurred Senator Mary L. Washington to send a strongly worded letter to MDE decrying “gaps in the current permit and compliance framework.”

“Our constituent learned that no stack tests have been conducted at this facility,” Washington wrote last week.

“The permit allows up to 120 days after startup for these tests,” Washington continued. “Meaning the facility can operate for months without any performance data confirming it meets its emissions limits, even while incidents like these are occurring.”

• Black smoke is seen rising from Vaughn Greene crematory that just opened in North Baltimore (7/16/26)

Another flaw in the permit is that, while it requires the crematory to have working sensors for both temperature and opacity while it is operating, it only requires that temperature readings be recorded, she said. Opacity readings are not required to be kept.

“Without that data on record, it is hard to see how the Department, the facility or the community could ever confirm whether the crematory is meeting its emissions requirements over time,” Washington observed.

Asked about the allegations in Washington’s letter, the agency had no substantive comment.

“The matter remains under investigation,” MDE spokesman Jay Apperson told The Brew.

“We told you so”

Washington reminded state officials of her warning at a 2024 hearing.

“I testified, urging the Department to require recurring stack and opacity tests throughout the life of the permit, and not only at startup,” Washington wrote, noting that  “incinerators can run dirtier as they age and periodic testing is the only reliable way to confirm ongoing compliance.”

Calling the July 13 and July 20 emissions incidents “something close to the scenario we warned about,” the 43rd District senator said they expose critical “gaps in the current permit and compliance framework.”

She called on MDE to:

• Confirm that Vaughn Greene’s permit-to-operate will not be finalized until required stack tests are completed, submitted and reviewed by the department, with results shared with her office and the surrounding community.

• Amend the Permit-to-Construct license to require that opacity data be recorded and retained during crematory operation consistent with the existing requirement for temperature data.

• Direct the MDE compliance inspector to evaluate, cite and address every permit condition triggered by a visible emissions incident as part of the investigation into the July 13 and July 20 events, and to provide the completed report to Washington and the community in a timely manner.