COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET, BOSTON, MA 02108 617-292-5500 DEVAL L. PATRICK IAN A. BOWLES Governor Secretary TIMOTHY P. MURRAY LAURIE BURT Lieutenant Governor Commissioner June 25, 2010 Jeffrey B, Mullan Secretary Massachusetts Department of Transportation Ten Park Plaza Boston, MA 02116-3969 Dear Secretary Mullan: This letter is in response to the Massachusetts Department of Transportation (MassDOT) January 7,2010 submittal pursuant to the public process requirements of the Transit System Improvements regulation, 310 CMR 7.36. Subsection (7) of the regulation requires MassDOT to develop an annual update and status report on uncompleted transit projects; the mmual report was submitted to the Massachusetts Department of Enviromnental Protection (MassDEP) on July 1,2009. MassDEP held a public meeting on the submittal on September 9, 2009 at which MassDOT presented a summary of, and took comments on, the report. The January 7, 2010 submittal provided a summary of and responses to public comments, a written certification that the public process requirements were met, and a written certification that complete information was provided on any actual or known project delays, project substitutions, and interim offsets. By this letter, MassDEP determines that MassDOT has met the public process and other reporting requirements of 31 0 CMR 7.3 6(7)(d). However, the status report indicated that two projects required by the regulation may be delayed beyond the December 31, 2011 project completion deadline, These projects are 1,000 parking spaces serving commuter transit facilities and the Fairmount Line improvements, Therefore, MassDEP requests that MassDOT address whether these two projects will be delayed in the next mmual update and status report due on July 1, 2010. Please note that 310 CMR 7.36, subsection (4)(c) requires that if a project delay is disclosed in an update and status report, MassDOT must submit to MassDEP a petition to delay the project and identify interim offset projects or measures that will be implemented for the period of delay. This Information Is a\'ailab1e: in alternate format. Call Donald M. Gomes, ADA Coordinator at 617·556·1057, TDD# 1-866-539-7622 or 1-617·574-6868. MassDEP on the World Wide Web: hltp:/Iwww.mass.gov/dep Printed on Recycled Paper o If you have any questions or concerns, please do not hesitate to contact me. 2;)12 ~ Laurie Burt Commissioner Cc: U.S. EPA, Region I Boston Region Metropolitan Planning Organization