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Settlement Includes Largest School Bus Pollution Control Project in Country

The U.S. Environmental Protection Agency and Department of Justice announced that they have reached a $6 million enforcement case settlement with a local power plant that will result in significant air quality improvements for Boston school children and North Shore commuters, as well as a restored salt marsh in Chelsea and construction of a new commuter bike path across the Mystic River that will link Everett and Somerville.In a settlement stemming from air quality violations over a five-year period at the Mystic Station power plant in Everett, plant owner Exelon Mystic LLC has agreed to pay a $1 million civil penalty and fund more than $5 million of environmental projects in the Boston area. The settlement was filed in U.S. District Court in Boston.

Located just over the Boston city line, the 2,600-megawatt Mystic Station power plant includes three 1950s-era oil fired units (400 megawatts total), a larger primarily oil-fired unit (600 megawatts) built in the 1970s, and two brand new units (1,600 megawatts total) that burn only natural gas. EPA’s complaint alleged over 6,000 violations of the Clean Air Act’s opacity limits at the four oil-fired units from June 1998 to November 2003. Opacity is a measure of smoke thickness, and is regulated to prevent visible air pollutants such as soot and other particulate matter from polluting the air. Most of the violations took place at the three oldest units, which virtually ceased operations in March 2003.

Fine particulate matter from combustion sources such as power plants is a serious public health concern, particularly for sensitive populations such as children, the elderly and asthmatics. Asthma is the leading cause of childhood emergency room hospitalizations in Boston. In some Boston neighborhoods, including Roxbury and Dorchester, asthma rates are more than double the state average.

After EPA issued a Notice of Violation in 2001 and a Compliance Order in 2002, Mystic spent over $2.5 million on new equipment and operating procedures, which dramatically improved the plant’s compliance with opacity regulations and reduced its particulate emissions.

Under the settlement Exelon will pay a $1 million fine and spend over $5.1 million on five local environmental projects. The projects include:

• Spend $3.25 million to retrofit school buses with pollution reduction devices and supply them with ultra low sulfur diesel fuel for two years. Exelon is planning to work with the City of Boston and aims to retrofit over 500 school buses by September 2005. The project builds on a similar bus retrofit in an EPA enforcement settlement three years ago with Waste Management of Massachusetts Inc., which has nearly finished retrofitting 100 Boston school buses with pollution control equipment. Together, the two projects will retrofit virtually the entire Boston school bus fleet. Estimated emission reductions over the first two years of the Exelon project are over 4.5 tons of particulate matter, over 12 tons of smog-causing hydrocarbons, and over 41 tons of carbon monoxide.

• Spend $1.25 million to equip diesel locomotive engines of 15 to 20 commuter rail trains operating out of Boston’s North Station rail terminal with oxidation catalysts (to reduce particulate matter) and supply the trains with low-sulfur diesel fuel for three years. The result will be cleaner air for the 47,000 passengers who ride the North Station commuter trains each day, and for the residents of the many communities through which the trains pass. Over three years, the project will reduce sulfur dioxide emissions by 258 tons and particulate matter by 44 tons.

• Spend $250,000 on a project with the Massachusetts Department of Conservation and Recreation to build a commuter bike path link over the Amelia Earhart Dam on the Mystic River. The project will connect Everett and Somerville and link several existing and planned bike paths in Medford, Everett, Somerville and Charlestown. The project will encourage commuter bike traffic on metropolitan area bike paths, thereby reducing air pollutants from automobile exhaust.

• Spend $118,000 to fund an environmental assessment and feasibility study to identify possible restoration activities along the Malden River, including the identification and potential restoration/replication of lost or degraded wetlands habitat.


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