Docket* 587 

THE COMMONWEALTH OF MASSACHUSETTS 

William Francis Galvin 

Secretary of the Commonwealth 

Regulation Filing To be completed by filing agency 

CHAPTER NUMBER: 310 CMR 7.00 

CHAPTER TITLE: Air Pollution Control . 

AGENCY: Department of Environmental Protection 

SUMMARY OF REGULATION: State the general requirements and purposes of this regulation. 

Regulation amends 310 CMR 7.36, Transit System Improvements. 

REGULATORY AUTHORITY: M.G.L. c. 111, Sections 142A through 142M 

AGENCY CONTACT: Christine Kirby PHONE: (617) 292-5631 

ADDRESS: Department of Environmental Protection, One Winter St, Boston, MA 02108 

Compliance with M.G.L. c. 30A 

EMERGENCY ADOPTION - if this regulation is adopted as an emergency, state the nature of the emergency. 

PRIOR NOTIFICATION AND/OR APPROVAL - If prior notification to and/or approval of the Governor, 

Legislature or others was required, list each notification, and/or approval and date, including notice to the Local 

Government Advisory Commission. 

Prior notification was made on July 13,2012 to the the Department of Housing and Communint 

Development, the Department of Public Utilities, the Energy Facilities Siting Board, and the 

Massachusetts Environmental Policy Act office. 

PUBLIC REVIEW - M.G.L. c. 30A sections 2 and/or 3 requires notice of the hearing or comment period, 

including a small business impact statement, be riled with the Secretary of the Commonwealth, published in 

appropriate newspapers, and sent to persons to whom specific notice must be given at least 21 days prior to 

such hearing or comment period. 

Data of public hearing or comment period: Hearing 9/13/12 

i i l 
FISCAL EFFECT - Estimate the fiscal effect of the public and private sectors. 

For the first and second yeaf: ; 

For the first five years: : . : 

No fiscal effect: ; 

SMALL BUSINESS IMPACT - M.G.L. c. 30A section 5 requires each agency to file an amended small 

business impact statement with the Secretary of the Commonwealth prior to the adoption of a proposed 

regulation. If the purpose of this regulation is to set rates for the state, this section does not apply. 

Date amended small business impact statement was filed: 3/14/13 

CODE OF MASSACHUSETTS REGULATIONS INDEX - List key subjects that are relevant to this regulation: 

Transit System Improvements, Massachusetts Department of Transportation (MassDOT), 

PROMULGATION - State the action taken by this regulation and its effect on existing provisions of the Code 

of Massachusetts Regulations (CMR) or repeal, replace or amend. List by CMR number 

Amend 310 CMR 7.36 

ATTESTATION - The regulation described herein and attached hereto is a true copy of the regulation 

adopted by this agency. ATTEST: 

SIGNATURE: DATE: 

Publication - To be completed by the Regulations Division 

MASSACHUSETTS REGISTER NUMBER: 1246 DATE: 10/25/13 

EFFECTIVE DATE: 10/25/13 

250.81 - 250.83. 4 

CODE OF MASSACHUSETTS REGULATIONS 

Remove these pages: 

250,81 

Insert these pages: 

250.82 . 4 

il2 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.33: continued 

2. BAPCC shall monitor and track the use of these restricted use. .parking spaces 

continuously throughout the year and on March 1 of the following year shall submit a report 

\o the Department describing actual dates, locations, and numbers of restricted use parking 

spaces used in the preceding calendar year. / 

(c) SRpuld the actual number of days when restricted use parking spaces is invoked by the 

BAPCOexceed six days by My 1 of any year, BAPCC shall submit to the Department on or 

before AuVust 1, a report outlining strategies the BAPCC commits to undertake during the 

remainder oTWie calendar year so as not to have to invoke the use of the of restruzred use parking 

spaces more than the four additional days that calendar year. / 

(d) Should the\B APCC invoke the use of restricted use parking spaces for/fnore than ten days 

during the calendar year, BAPCC shall submit to the Department, on or before March 1 of the 

following year, a retoort containing: / 

1. an explanation of why the ten day limit on the use of restricted use parking spaces was 

exceeded; \ / 

2. a determkationW whether this exceedance was temporary or may be expected to 

continue into future yeVs and technical support for this determination; 

3. a proj ection of futureVeed to use restricted use parking;spaces in terms of the number of 

days and the number of spaces; / 

4. apian and a schedule fpruiitiating actions which win reduce the projected need identified 

in 310 CMR 7.22(3); \ / 

5. a commitment from B AP(SC to implement the identified actions. 

(10) Relocation of Parking Spaces. Relocation of motor vehicle parking spaces is not allowed into 

the South Boston Residential Freeze ZoneV into the Industrial/Commercial Freeze Zone from the 

South Boston Freeze Piers Zone. To ensure greater Qexibility in land use planning and development, 

a procedure shall be developed by the BAPCGLjand Massport, which will enable the relocation of 

motor vehicle parking spaces from the ^dkth Boston Piers Zone to the South Boston 

Industrial/Commercial Zone. / v 

(11) Remote Parking. / V 

(a) Additional remote parking/spaces over ancLabove the existing remote parking space 

inventory established in the parking space inventory approved by the Department pursuant to 310 

CMR 7.33(3) shall not be allowed or permitted in the South Boston Parking Freeze Area. 

Remote parking facilities already in use upon the effective date of 310 CMR 7.00 shall be 

allowed to continue. / \ , 

(b) Remote parking spaces which are eliniinated for any purpose shall not be transferred to other 

owners, operators or tenants within the South Boston Freeze Area and shall return to the BAPCC 

Bank and Massport43ank for reallocation as motor vehicle peaking spaces. 

(12) "Proceduresdfad Criteria for Issuance of Parking Freeze Permits", 

(a) Two ye^fs from the date 310 CMR 7.33 is published in the Mtssachusetts Register, the 

BAPCC shall amend the existing "Procedures and Criteria for Issuance of Parking Freeze 

Permits'yand submit these amendments to the Department for reviewNand approval. 

(b) Two years from the date 310 CMR 7.33 is published in the Mttfsachusetts Register, 

Massport shall submit procedures and criteria for issuance of parking rxesze permits to the 

Department for review and approval. Such procedures shall contain a process^bwvhich Massport 

snail consult with the BAPCC prior to allocating motor vehicle parking spaces firam the Massport 

/Bank, and shall provide BAPCC with a period of up to 30 days to comment on any proposed 

/ allocation of motor veWcle parking spaces from the Massport Bank. Massport snail respond in 

writing to any comments from BAPCC which Massport does not accept. \ 

10/25/13 310 CMR-250.81 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.33: continued 

(13\ Record Keeping and Reporting. 

(a) \p n or before June 15th of each year following submission of the parking freeze invento 

pursuksrto 310 CMR 7.33(3), BAPCC and Massport shall each submit a report tefthe 

Departmehtand EPA Region I detailing the progress and status of each provision of ycxt CMR 

7.33 during ta^preceding calendar year. 

(b) Every thkd^jtear following the promulgation of the regulation, the annud status report 

submitted to the Depattment shall include an updated inventory of parkfogspaces in the South 

Boston Parking Freeze AJ^a. The inventory conducted immediately folkJwing the completion 

of the Central Artery/lnird Hasbor Tunnel project shall establish a newmree year reporting cycle. 

(c) Copies of local ordinancesadppted or modified in supporter the South Boston Parking 

freeze shall be submitted to the DepatFtraent as they become effective. 

(14) Prohibitions. In the event the BAPCC and/b*Masspoj#ails to submit "Procedures and Criteria 

for Issuance of Parking Freeze Permits" by the date inquired pursuant to 310 CMR 7.33(12) or fails 

to follow a procedure once approved, no person shalldevelop motor vehicle parking spaces regulated 

herein until such time that a parking freeze permjHs obtained^! accordance with a permit program 

adopted under 310 CMR 7.33. 

(15) Enforcement. 

(a) The Department may enfojpce 310 CMR 7.33 under applicable lav 

(b) The Department may eaforce any requirement of 310 CMR 7.33, including but not limited 

to, the requirements ofany Department approved parking freeze plan or parMhgfreeze permit 

procedures adoptedWB APCC or Massport to satisfy the requirements of 310 CMR33.00 in the 

event the BAPCJ^or Massport fail to do so. 

(c) The faijjafe of BAPCC or Massport to adequately comply with the requirements wsthe 

section may be cause for the Department to make a finding of nonconformity under Section 

176(c><jf the Clean Air Act Amendments of 1990,42 U.S.C. 7506(c). 

7.36: U Transit System Improvements 

(1) Applicability. 310 CMR 7.36 shall apply to the Massachusetts Department of Transportation, 

hereafter referred to as MassDOT, and any successor agency to MassDOT. 

(2) Transit System Improvement Pro jects. MassDOT shall plan and construct and render available 

for public use, transit system improvement projects including the following projects in accordance 

with the schedules and requirements set forth in 310 CMR 7.3 6: 

(a) Before December 31,1992 construction of the following facilities shall be completed and 

opened to full public use: 

1. Lynn Central Square Station and Parking Garage 

2. North Station high platforms and new tracks 

3. Lynn Transit Station Bus Terminal 

(b) Before December 31,1994 construction of the following facilities shall be completed and 

opened to full public use: 

1. South Station Bus Terminal 

2. South Station Track #12 

3. Ipswich Commuter Rail Line extension to Newburyport 

(c) Before December 31, 1996 construction of the following facilities shall be complete and 

opened to full public use: 

1. Old Colony Commuter Rail Line Extensions to Middleboro and Plymouth 

2. Framingham Commuter Rail line extension to Worcester 

3. 10,000 Park and Ride and Commuter Rail Station parking spaces system-wide outside 

of the Boston core area as defined by a report to be submitted to the Department by 

MassDOT which identifies the location, size and market area of each facility constructed to 

satisfy this requirement Said report will be submitted three months prior to the deadline for 

this project. 

JO/25/13 .. - 310 CMR-250.82 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.36: continued 

(d) Before December 31, 1999 construction of the following facilities shall be completed and 

opened to full public use: 

10,000 Park and Ride and Commuter Rail Station Parking spaces system-wide outside of the 

Boston Core Area in addition to those spaces developed pursuant to 310 CMR 7.36(2)(c)3. 

as defined by a report to be submitted to the Department by MassDOT which identifies the 

location, size and market area of each facility constructed to satisfy this requirement Said 

report shall be submitted three months prior to the deadline for this project. 

(e) Before December 31, 2001 construction of the following facility shall be completed and 

opened to full public use: 

South Boston Piers Electric Bus Service 

(f) Before December 31, 2007, construction of the following facility shall be completed and 

opened to full public use: 

Old Colony Commuter Rail Line Extension to Scituate (Greenbush). 

(g) Before December 31, 2008, construction of the following facility shall be completed and 

opened to full public use: 

Blue Line Platform lengthening and Modernization. 

(h) Before December 31,2011, construction of the following facilities shall be completed and 

opened to full public use: 

1. Fairmount Line improvements consisting of enhancements of existing stations including, 

without limitation: platform extensions; improved lighting and improved access; a new 

station in the general location of Four Comers, and a new station in each of the 

neighborhoods of Dorchester, Mattapan and Roxbury; and bridge upgrades and other 

measures to improve service and increase ridership (the Fairmount Line project). MassDOT 

shall meet the following interim deadlines for the Fairmount Line Project: 

a. One year from the effective date of 310 CMR 7.36, develop a Request for Proposals 

for a design consultant, complete the competitive procurement process, and issue a notice 

to proceed for a design consultant; and 

b. Within two years following completion of the requirements of 310 CMR 

7.36(2)(h)l.a., complete the requirements of 310 CMR 7.36(3)(e)l. through 6. and . 

310CMR7.36(3)(f). 

2. 1000 new park and ride parking spaces serving commuter transit facilities, in addition to 

those required by 310 CMR 7.3 6(2)(c)3. and (d), within the 101 cities and towns coristituting 

the Boston Metropolitan Planning Organization. 

(i) Before December 31,2014, construction of the following facilities shall be completed and 

opened to full public use: 

1. The Green Line Extension from Lechmere Station to Medford Hillside; and 

2. The Green Line Union Square spur of the Green Line Extension to Medford Hillside. 

(3) Project Interim Deadlines. For each project required by 310 CMR 7.36(2)(h)2. and (i), 

MassDOT shall meet the following Interim Deadlines. 

(a) On or before 18 months following June 1, 2007, MassDOT shall: 

1. Develop a Request for Proposals for a design consultant; 

2. Complete the competitive procurement process; and 

3. Issue a Notice to Proceed for a design consultant. 

(b) On or before 15 months following the mterim deadline established by 310 CMR 7.36(3)(a), 

MassDOT shall: 

1. Complete the Conceptual Design as contracted for under 310 CMR 7.36(3)(a); and 

2. File an Environmental Notification Form (ENF) with MEPA. 

(c) On or before two years following MEPA's issuance of a Scope for a Draft EIR or a Singe 

EIR pursuant to 301 CMR 11.06(7): Decision on ENF and Scoper or (8): Decision Allowing 

Single EIR MassDOT shall: 

1. Complete preliminary design; and 

2. File a Draft EIR or, where applicable, a Single EIR with MEPA. 

(d) On or before one year following MEPA's issuance of a Scope for the Final EIR, MassDOT 

shall: Develop and file me Final EIR with MEPA. 

(e) On or before 18 months following MEPA's issuance of a certificate on a Final EIR or a 

Single EIR MassDOT shall: 

10/25/13 310 CMR-250.83 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.36; continued 

1. Complete final design necessary to begin the construction phase sufficient to make 

application for: all local, state, and federal permits; any necessary federal funds and grants; 

any legislation and public land application which will be required; and any private land 

takings; 

2. Identify all local, state, and federal approval, grants, permits, legislation, and other 

required actions necessary for completion of the final project construction and completion 

schedule required by 310 CMR 7.36(3)(f). 

3. Apply for all necessary local, state, and federal permits; 

4. • Apply for necessary federal •funds and grants; 

5. File required legislation and initiate public land acquisition; and 

6. Initiate private land takings to proceed to construction. 

(f) MassDOT shall make all reasonable efforts to obtain all necessary approvals, grants, permits, 

or legislation consistent with meeting these interim deadlines. 

(g) For the project required by 310 CMR 7.36(2)(i), following the completion of the 

requirements of 310 CMR 7.36(3)(a) through (f) and the receipt of all necessary approvals, 

grants, permits, or legislation, MassDOT and the Department shall establish a schedule for 

project construction and deadlines for project completion meaning that the project is opened to 

full public use. Final deadlines established under 310 CMR 7.36(3)(g) shall replace project 

deadlines iricludedin310CMR7.36(2)(i). However, interim emission reduction offset measures 

or projects shall be implemented for the period of delay from the project deadline included in 

310 CMR 7.36(2)(i) until the project is completed and opened to full public use. 

(4) Project Dekvs and Implementation of faterimEmissto^ 

(a) Provided tot the reqiurements of 310 C ^ 

met, the projects listed in 310 CMR 7.36(2)(h) and (i) may be delayed beyond the project 

deadlines established pursuant to 310 CMR 7.36(2). 

(b) For delayed projects, MassDOT shall implement interim emission reduction offset projects 

or measures during the period of delay. Such interim emission offset projects or measures shall 

achieve emission reductions of NMHC, CO and NOx equal to or greater than the emission 

reductions that would have been achieved had the project not been delayed. MassDOT shall meet 

the requirement of 310 CMR 7.36(4)(b) by either: 

1. Implementing projects or measures that are not otherwise required by any contractual or 

other legal obligation, state or federal law or regulation including without limitation 

310 CMR 7.36 and 7.38, or by any state or federal enforcement action; Such projects shall 

include providing new park and ride parking spaces serving commuter transit facilities or the 

retrofit of diesel engines with verified diesel retrofit technologies in the transit ridership area 

of the delayed project; or 

2. Implementing a project required by 310 CMR 7.3 6(2)(h) through (i) prior to its required 

completion date. 

(c) Following a disclosure pursuant to 310 CMR 7.36(7)(a)4. that a project will be delayed, 

MassDOT shall submit to the Department a petition to delay the project Such petition shall 

include, without limitation, the reasons for project delay, the measures being taken to rninimize 

such delays, the amount of time the project will be delayed, and, if required, identification of the 

interim offset project or measures that will be implemented pursuant 310 CMR 7.36 (4)(b). 

Following public review, such petition shall be subject to approval, approval with conditions, or 

denial by the Department, in writing. 

(5) Substitute Transit System Improvement Projects. 

(a) Following MassDOT's completion of the requirements of 310 CMR7.36(2)(h)l. and (3)(a) r 

through (c), MassDOT may propose substitute projects for projects required by 310 CMR 

7.36(2)(h)l. and (i) provided that: 

(b) Substitute projects shall be projects that enhance or imr^ove existing public transit service, 

or provide new transit service in the areas listed in 310 CMR 7.36(5)(c) and (d). 

(c) Substitute proj ects proposed for the Fairmount Line proj ect shall be within the Dorchester, 

Hyde Park, Mattapan, and Roxbury neighborhoods of the City of Boston. 

(d) Substitute proj ects proposed for the Green Line Extension and the Green Line Union Square 

spur of (he Green Line Extension to Medford Hillside shall be within the municipalities of 

Boston, Cambridge, Somerville, and Medford. 

10/25/13 310 CMR-250.84 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.36: continued 

(e) Proposed substitute shall be prioritized for funding in the Regional Transportation Plan for 

the Boston Region and the Transportation Improvement Program of the Boston MPO. 

(f) MassDOT shall submit to the Department a proposed project substitution deterrnination that 

includes the following information: 

1. The reasons for seeking a project substitution; 

2. The proposed substitute projects) that will be implemented and a proposed project 

implementation schedule that meets the requirements of 310 CMR 7.36(2)(h)l. and 

310 CMR 7.36(3); 

3. A demonstration that the proposed substitute project will achieve 110% of the emission 

reductions of NMHC, CO and NOx that would have been achieved had all components of 

the project required by 310 CMR 7.36(2)(h)l. and (i) been completed; and 

4. Themterimeimssionreductionoffsetprojectsor 

the substitute projects) is completed. Such interim emission offsetprojects or measures shall 

achieve emission reductions of NMHC, CO and NOx equal to or greater than the emission 

reductions that would have been achieved had all components of the project been completed 

by the deadlines established pursuant to 310 CMR 7.36(2)(h)l. and (i). 

(g) MassDOT shall conduct a public meeting for the sole purpose of taking public comment on 

the proposed substitution determination and shall; 

1. Provide public notice at least 30 days prior to the public meeting by pubUshing in a 

newspaper of general circulation in the Boston and surrounding area and in the 

Environmental Monitor pursuant to 3 01 CMR 11.15: Public Notice and the Environmental 

Monitor notice of the meeting and of the availability of the material identified in 310 CMR 

7.36(5)(f) at the locations specified therein; 

2. At least 3 0 days prior to the public meeting, make available to the public at the City Hall 

of Boston, Cambridge, Somerville, and Medford and at the State Transportation Library 

copies of the proposed substitution determination; 

3. Following the close of the public comment period, summarize and respond to, in writing, 

all public comments. 

4. Within 90 days following the close of the public comment period pursuant to 310 CMR 

7.36 (5)(g)l, MassDOT shall assemble and submit to the Department the administrative 

record, which shall include, without limitation, a copy of: 

a. The public notice required pursuant to 310 CMR 7.36(5)(g)L; 

b. All written comments received by MassDOT within the public comment period; and 

c. The summary of and response to public comments required pursuant to 310 CMR 

7.36(5)(g)3. 

(h) Within 90 days of receipt of MassDOT's submittal pursuant to 310 CMR 7.36(5)(g)4., the 

Department shall determine, in writing, whether the requirements of 310 CMR 7.36(5) have been 

met and whether the administrative record reasonably supports MassDOT's substitution 

determination. 

(6) Transit System Improvement Studies. 

(a) Before Decernber 31,1991, MassDOT shall draft and issue for public comment an initial 

study of transit improvement strategies which are in addition to those specified by 310 CMR 

7.00, with the intent of incorporating the findings of said study in the Program for Mass 

Transportation. 

(b) Development of the Program for Mass Transportation shall, in addition to the requirements 

of 310 CMR 7.36(6)(a), include for each strategy identified in 310 CMR 7.36(6)(a), an analysis 

of the following: 

1. An analysis of funding implications and a comprehensive funding plan for transit projects 

and programs. 

2. Estimates of transit project impacts on cities and towns. 

3. Discussion of public education efforts that will be undertaken in implementing transit 

projects. 

10/25/13 310 CMR-250.84.1 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.36: continued 

(c) Before December 31,1991, MassDOT shall draft and issue for public comment, studies of 

other transportation system improvements including but not limited to: 

1. A study of the feasibility of using toll pricing to regulate single occupant vehicle trips to 

Logan Airport. 

2. A study of the feasibility of relocating some of the existing Sumner Tunnel Toll booth to 

Route 1A. 

3. A study of the feasibility of providing water shuttle service between Boston and 

communities on the North shore. 

4. A study of transit system improvements which could be made in addition to those 

improvements listed in 310 CMR 7.36(2). 

5. A study on the feasibility of constmcting a rail connection between South Station and 

Logan Airport. 

6. Expanding the size andnumber of suburban locations of Logan airport express service 

parking and transit facilities. 

7. Expanding the high occupancy vehicle lanesand services within the boundaries of Logan 

Airport. 

(d) Before December 31,1994, MassDOT shall draft and issue for public comment a study of 

transit system improvements including but not limited to: 

1. Connecting circumferential transit facilities and radial transit services. 

2. Improving travel time and upgrading rail service to New York City, NY; Worcester, MA; 

Springfield, MA; Hartford, CT and Portland, ME. 

3. Indexing transit fares so as to encourage maximum use of transit facilities, 

(e) The studies identified in 310 CMR 7.36(6)(a) through (e) shall contain an analysis of the 

technical feasibility of each measure, an estimate of the time and cost involved in implementing 

the measure and an estimate of (he potential air quality impacts of the measure. After providing 

an opportunity for final comment and consultation with other members of the Boston 

Metropolitan Planning Organization and the Department, the studies shall be released as final • 

reports and submitted to the Department by no later than March 30th of the year, following the 

deadline of the draft study. The final reports shall contain a recommendation and schedule for 

further action to be taken in regard to the measures contained in the studies. 

(7) Public Process Requirements. 

(a) By My 1st of each year beginning in 2007 and until all projects required by 310 CMR 

7.36(2)(f) through (i) and any project implemented pursuant to 310 CMR 7.36(4) and (5) are 

complete, MassDOT, in consultation with the MBTA, shall develop and submit to the 

Department an update and status report for each project required by 310 CMR 7.3 6(2)(f) through 

(i) and any project implemented pursuant to 310 CMR 7.36(4) and (5). This report shall include: 

1. Detailed information on toe status of Project Interim Deadline requirements of 310 CMR 

7.36(3); 

2. Detailed information about project fimding including a demonstration that all relevant 

planning documents, including the Regional Transportation Plan for the Boston Region, the 

Transportation Improvement Program for the Boston MPO, the MBTA's Program for Mass 

Transportation, and the MBTA's Capital Investment Program contain adequate funds to 

comply with the Project Interim Deadline requirements of 310 CMR 7.36(2)(h)l. and (3). 

3. Detailed information about any actual or known funding, engmeering, or other obstacles 

to meeting the Project Interim Deadline requirements of 310 CMR 7.36(2)(h)l. and (3) and 

measures being taken to address those obstacles; 

4. Detailed information about any actual or known potential need and reasons for project 

delays or substitution; 

5. Detailed information on any interim offset projects or measures implemented or proposed 

tobe implemented pursuant to 310 CMR7.36(4)(b)or(5)(g)4.,mcludmgwthoutumitation 

an air quality analysis demonstrating that the actual emission reductions meet or will meet 

the requirements of the delayed project. 

10/25/13 310 CMR-250.84.2 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.36: continued 

(b) Withm75 days of receipt of areportrequi^^ 

conduct a public meeting to take public comment on the report For each public meeting required 

by 310 CMR 7.36(7)(b), the Department shall: 

1. Provide public notice at least 30 days prior to the public meeting by publishing in a 

newspaper of general circulation in the Boston and surrounding area and in the 

Environmental Monitor pvxswntto 301 CMR 11.15: Public Notice and the Environmental 

Monitor notice of the meeting and the availability of the material identified in 310 CMR 

7.36(7)(a) at the locations specified therein; and 

2. At least 30 days prior to the public meeting, make available to the public copies of the 

report required by 310 CMR 7.36(7)(a). 

(c) Within 120 days following each pubhcmeetmgrequiredby 310 CMR7.36(7)(b), MassDOT 

shall submit a summary of and response to all public comments and a written certification to the 

Department, with copies to the U.S. Environmental Protection Agency and the Boston 

Metropolitan Planning Organization, that: 

1. MassDOT has provided complete information for all requirements of 310 CMR 

7.36(7)(a). 

2. MassDOT has provided complete information about any actual or known potential need 

and reasons to delay any project required by 310 CMR 7.36(2)(f) through (i); 

3. MassDOT has provided complete information about any actual or known potential need 

and reasons for a project substitution pursuant to 310 CMR 7.36(5); and 

4. MassDOT has provided complete information on the interim offset projects implemented 

or proposed to be implemented pursuant to 310 CMR 7.36(4)(b) and (5)(g)4. 

(d) Within 60 days of receipt of MassDOT's annual submission required by 310 CMR 

7.3 6(7)(c), the Department shall make a determination, in writing, whether the public process and 

other requirements of 310 CMR 7.36(7) were met. 

(8) Determination of Air Quality Emission Reductions. 

(a) MassDOT shall determine baseline air quality emission reductions by: 

1. Calculating the NMHC, CO, and NOx emission reductions that would have been 

achieved by completion of each of the following projects, using latest planning assumptions 

and latest air quality emission models: the Green Line Arborway Restoration; the Blue Line 

Connection from Bowdoin Station to the Red Line at Charles Station; and the Green Line 

Extension to Ball Square/Tufts University; and 

2. Adding 10% to the NMHC, CO, and NOx emission reductions calculated in 310 CMR 

7.36(8)(a)l. 

(b) MassDOT shall determine the projected emissions reductions in NMHC, CO, and NOx that 

will be achieved by implementation of each of the projects required by 310 CMR 7.36(2)(h) and 

(i), using latest plarining assumptions and latest air quality emission models. 

(c) On or before January 2,2007, MassDOT shall complete a report with supporting rationale 

and documentation that includes: 

1. A description of the modeling assumptions and analysis methodology employed under 

310CMR7.36(8)(a)and(b); 

2. The total NMHC, CO, and NOx baseline emissions reductions derived pursuant to 

310 CMR 7.36(8)(a) for each project; 

3. A demonstration that the implementation of the projects required by 310 CMR 7.3 6(2)(h) 

and (i) are projected to achieve the total NMHC, CO, and NOx baseline air quality emissions 

reductions determined under 310 CMR 7.36(8)(a); 

4. The total NMHC, CO, and NOx emission reductions as determined by 310 CMR 

7.36(8)(b) for each of the projects required by 310 CMR 7.36(2)(h) and (i). 

5. If MassDOT concludes that implementation of the projects listed in 310 CMR 7.36(2)(h) 

and (i) will not achieve the baseline air quality emission reductions established in 310 CMR 

7.36(8)(a)l., MassDOT shall implement additional projects to achieve the baseline air quality 

emission reductions, on a schedule consistent with the deadlines established pursuant 

310CMR7.36(2)(h)and(i). Such projects shall be implemented in the geographic areas 

consistent with 310 CMR 7.36(5)(c) and (d). Interim emission reduction offset measures or 

projects shall be implemented for any period of delay from the project deadlines included in 

310CMR7.36(2)(h)and(i). 

10/25/13 310 CMR-250.84.3 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.36: continued 

(d) On or before January 2,2007, MassDOT shall commence a 45-day public comment period 

on the report required pursuant to 310 CMR 7.36(8)(c) and shall: 

1. Provide public notice of the public comment period by pubnshing in a newspaper of 

general circulation in the Boston and surrounding area and in the Environmental Monitor 

pursuant to 301 CMR 11.15: Public Notice and the Environmental Monitor notice of the 

availability of the material identified in 310 CMR 7.36(8)(d)2. at the locations specified in 

.310 CMR 7.36 (8)(d)2.; 

2. At the commencement of the public comment period make available to the public at the 

City Hall of Boston, Cambridge, Somerville, and Medford and at the State Transportation 

Library the report with supporting rationale, and all information and documentation relied 

upon to support the results and conclusions of the report; and 

3. Following the close of the public comment period summarize and respond to, in writing, 

all public comments. 

(e) On or before March 1,2007, MassDOT shall assemble and submit to the Department the 

administrative record, which shall include, without limitation a copy of: 

1. The public notice required pursuant to 310 CMR 7.36(8Xd)l.; 

2. The report, rationale, information, and documentation required pursuant to 310 CMR 

7.36(8)(d)2; 

3. All written comments received by MassDOT within the public comment period; and 

4. The summary of and response to public comments required pursuant to 310 CMR 

7.36(8)(d)3. 

(f) Within 90 days of MassDOT's submittal pursuant to 310 CMR 7.36(8)(e), the Department 

shall determine, in writing, whether MassDOT has met the requirements of 310 CMR 7.36(8)(d) 

and (e) and whether the adrninistrative record reasonably supports the results and conclusions of 

the report required pursuant to 310 CMR 7.36(8)(c). 

(9) Demonstration of Air Quality Emission Reductions. 

(a) When all projects required by 310 CMR 7.36 are substantially complete, as defined in the 

federal register at Approval and Promulgation of Air Quality Implementation Plans: 

Massachusetts - Amendments to Massachusetts' SIP.59 Fed. Reg, 50,495-50,498 (1994), 

MassDOT shall complete an analysis of the total air quality benefits of such projects. Such 

analysis shall be performed in accordance with EPA requirements in effect at the time of the 

analysis. 

(b) MassDOT shall submit the air quality analysis required by 310 CMR 7.36(9)(a) to the 

Department within four months following the substantial completion of all projects. 

(c) Within 90 days of MassDOT's submittal pursuant to 310 CMR 7.36(9)(b), the Department 

shall determine, in writing, whether MassDOT has met the requirements of 310 CMR 7.36(9)(a) 

and (b). 

10/25/13 310 CMR-250.84.4 

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