Notice of Lodging of Consent Decree Under the Clean Air Act

In accordance with Departmental Policy, 28 U.S.C. 50.7, notice is hereby given that on January 29, 2004, a proposed Consent Decree in United States Exelon v. Mystic, Civil Action No. 04-10213-PBS, was lodged with the United States District Court for the District of Massachusetts.

In this action the United States, on behalf of the United States Environmental Protection Agency (“EPA”), filed a complaint against Exelon Mystic alleging various violations of the Clean Air Act and the Massachusetts State Implementation Plan, concerning Exelon Mystic's power plant located in Everett, Massachusetts. Under the terms of the proposed settlement, Exelon Mystic will pay a civil penalty of $1 million and fund Supplemental Environmental Projects providing environmental benefits for the greater Boston area at a cost in excess of $5.1 million.

The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611, and should refer to United States Exelon v. Mystic, D.J. Ref. 90-5-2-1-07948.

The Consent Decree may be examined at the Office of the United States Attorney, District of Massachusetts, 1 Courthouse Way, Boston, Massachusetts 02210, and at the United States Environmental Protection Agency, Region I—New England, One Congress Street, Boston, Massachusetts 02114. During the public comment period, the Consent Decree, may also be examined on the following Department of Justice Web site, http://www.usdoj.gov/enrd/open.html. A copy of the Consent Decree may also be obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611 or by faxing or e-mailing a request to Tonia Fleetwood (tonia.fleetwood@usdoj.gov), fax no. (202) 514-0097, phone confirmation number (202) 514-1547. In requesting a copy from the Consent Decree Library, please enclose a check in the amount of $10.50 (25 cents per page reproduction cost) payable to the U.S. Treasury.