Amendments to 310 CMR 7.36: U Transit System Improvements 

(1) Applicability. 310 CMR 7.36 shall apply to the Massachusetts Department Executive 

Office of Transportation, hereafter referred to as MassDOTEOT, and any successor agency 

to^EQT- MassDOT. 

(2) Transit System Improvement Projects. EQT-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 7.36: 

(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 BGTMa^sDQT 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. 

(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 

EOTMassDOT- 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 Corners, 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). E€ffMassDOT shall meet the following 

interim deadlines for the Fairmount Line Project: 

A. One year from the effective date of this regulation, 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 

(3)(h)lA, complete the requirements of 310 CMR 7.36 (3)(e)l-6 and 310 

CMR 7.36(3)(f). 

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

addition to those required by 310 CMR 7.36(2)(c)3, 310 CMR 7.36(2)(d), within 

the 101 cities and towns constituting the Boston Metropolitan Planning 

Organization. 

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(i) Before December 31, 2011, complete final design of the Red Line/Blue Line 

Connector, from the Blue Line at Government Center to the Rcdlinc at Charles Station. 

(ij) 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 

Hillsidej-and 

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

(ij), EQTMassDQT shall meet the following Interim Deadlines. 

(a) On or before 18 months following the effective date of this regulation, 

EQT-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 interim deadline established by 310 CMR 

7.36 (3)(a), EQT-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) or (8) EQT-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, 

EQT-MassDOT shall: 

1. Develop and file the 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, EQTMassDOT shall: 

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) EQTMassDOT 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)(ji), 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, EQT-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 this subsection shall replace project deadlines included in 310 CMR 7.36 

(2)(ji). 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 Delays and Implementation of Interim Emission Reduction Offset Projects and 

Measures. 

(a) Provided that the requirements of 310 CMR 7.36 (7) and 310 CMR 7.36 (4)(b) and 

(c) are met, the projects listed in 310 CMR 7.36 (2) (h) and (ji) may be delayed 

beyond the project deadlines established pursuant to 310 CMR 7.36 (2). 

(b) For delayed projects, EQTMassDO T 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. EQTMassDOT shall meet the requirement of this subsection 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 310 CMR 7.38, or by any state or federal 

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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 7.36 (2)(h) through (ji) 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, EQTMassDOT 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 minimize 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 EOT'sMassDOTs completion of the requirements in 310 CMR 7.36 (2)(h)l 

and 310 CMR 7.36 (3)(a) through (c), EQTMassDOT may propose substitute projects for 

projects required by 310 CMR 7.36 (2)(h)l and (ji) provided that: 

(b) Substitute projects shall be projects that enhance or improve existing public transit 

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

below. 

(c) Substitute projects proposed for the Fairmount Line project shall be within the Dorchester, 

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

(d) Substitute projects proposed for the Green Line Extension and the Green Line Union 

Square spur of the Green Line Extension to Medford Hillside shall be within the 

municipalities of Boston, Cambridge, Somerville and Medford. 

(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) EQTMassDOT shall submit to the Department a proposed project substitution 

determination that includes the following information: 

1. The reasons for seeking a project substitution; 

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

project implementation schedule that meets the requirements of 310 

CMR 7.36 (2)(h)l 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 (ji) been 

completed; and 

4. The interim emission reduction offset projects or measures that will be 

implemented until the substitute project(s) is completed. 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 all components of the project been completed by the deadlines 

established pursuant to 310 CMR 7.36(2)(h)l and (ji). 

(g) I XVIAIasslKVI 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 publishing in 

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

Environmental Monitor pursuant to 310 CMR 11.19 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 30 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, EQTMassDOT 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 EQT-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. 

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(h) Within 90 days of receipt of EOT'sMassDOTs 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 

EOT-^sMassDOT's substitution determination. 

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7.36: continued 

(6) Transit System Improvement Studies. 

(a) Before December 31, 1991, EOTMassDOT 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. 

(c) Before December 31, 1991, EOTMassDOT 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 constructing a rail connection between 

South Station and Logan Airport. 

6. Expanding the size and number of suburban locations of Logan 

airport express service parking and transit facilities. 

7. Expanding the high occupancy vehicle lanes and services within the 

boundaries of Logan Airport. 

(d) Before December 31, 1994, EQT-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 

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time and cost involved in implementing the measure and an estimate of the 

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 30 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 July 1st of each year beginning in 2007 and until all projects required by 310 

CMR 7.36 (2)(f) through (ji) and any project implemented pursuant to 310 CMR 7.36 

(4) and (5) are complete, EQTMassDOT. in consultation with the MBTA, shall develop 

and submit to the Department an update and status report for each project required by 

310 CMR 7.36 (2)(f) through Qi) and any project implemented pursuant to 310 CMR 

7.36 (4) and (5). This report shall include: 

1. Detailed information on the status of Project Interim Deadline requirements of 

310 CMR 7.36 (2)(h)l and 310 CMR 7.36 (3); 

2. Detailed information about project funding 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 310 CMR 7.36 (3). 

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

obstacles to meeting the Project Interim Deadline requirements of 310 CMR 7.36 

(2)(h)l and 310 CMR 7.36 (3) and measures being take 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 to be implemented pursuant to 310 CMR 7.36 (4)(b) or (5)(g)4, 

including without limitation an air quality analysis demonstrating that the actual 

emission reductions meet or will meet the requirements of the delayed project. 

(b) Within 6£-75_days of receipt of a report required by 310 CMR 7.36 (7)(a), the 

Department shall conduct a public meeting to take public comment on the report. For each 

public meeting required by this section, 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 pursuant to 30140 CMR 11.15:fublic Notice and the {gitfl^gag^nlfl^^ffo'underline 

Environmental Monitor 9 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). 

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(c) Within 120 days following each public meeting required by 310 CMR 7.36 (7)(b), 

| EOTMassDOT 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. EQT-MassDOT has provided complete information for all requirements of 310 

CMR 7.36 (7)(a). 

| 2. EQTMassDOT 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 (ji); 

3. EQTMassDOT 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. EQTMassDOT 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 EQT-^sMassDOT's annual submission required by 310 

CMR 7.36 (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) EOTMassDOT 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) EOTMassDOT 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 (ji), using latest planning assumptions and latest air quality emission 

models. 

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

rationale and documentation that includes: 

3. A description of the modeling assumptions and analysis methodology employed 

under 310 CMR 7.36 (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 7.36 

| (2)(h) and (j|) 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 (ji). 

5. If EOTMassDOT concludes that implementation of the projects listed in 310 CMR 

7.36(2)(h) and (ji) will not achieve the baseline air quality emission reductions 

established in 310 CMR 7.36 (8)(a)l, EOTMassDOT shall implement additional 

7 
projects to achieve the baseline air quality emission reductions, on a schedule 

| consistent with the deadlines established pursuant 310 CMR 7.36 (2)(h) and (ji). 

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 

310 CMR 7.36 (2)(h) and (ji). 

(d) On or before January 2, 2007, EQT-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 publishing in a newspaper of 

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

Monitor pursuant to 310 CMR 11.19 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, EQTMassDOT 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(8)(d)l; 

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

CMR 7.36 (8)(d)2; 

| 3. All written comments received by EOTMassDOT 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 EOT^MassDOT's submittal pursuant to 310 CMR 7.36 (8)(e), the 

Department shall determine, in writing, whether EQTMassDOT has met the requirements 

of this 310 CMR 7.36 (8)(d) and (e) and whether the administrative 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), 

I EOTMassDOT 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) EQTMassDOT 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 EQT-^MassDOT's submittal pursuant to 310 CMR 7.36(9)(b), the 

Department shall determine, in writing, whether EOTMassDOT has met the requirements 

of 310 CMR 7.36(9) (a) and (b). 

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