COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET, BOSTON, MA 02108 617-292-5500 DEVALL. PATRICK Governor IAN A. BOWLES Secretary TIMOTHY P. MURRAY Lieutenant Governor LAURIE BURT Commissioner April 2, 2009 David J. Mohler Deputy Secretary for Planning Executive Office of Transportation and Public Works Ten Park Plaza Boston, MA 02116-3969 Dear Mr. Mohler: This letter is in response to your January 6, 2009 submittal pursuant to the public process requirements of the Transit System Improvements regulation, 310 CMR 7.36. Subsection (7) of the regulation requires the Executive Office of Transportation and Public Works (EOT) to develop an annual update and status report on uncompleted projects. This report was submitted . to the Massachusetts Department of Enviromnental Protection (MassDEP) on July 1, 2008. MassDEP and EOT held a public meeting on September 8, 2008. EOT's January 6,2009 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 and as required by the regulation, MassDEP determines that EOT has met the public process and other requirements of3lO CMR 7.36(7)(d). However, based on MassDEP's th review of EOT' s annual report and the January 6 submittal, there are two areas where we would like to be kept up to date to ensure ongoing compliance with the regulation: 1. MassDEP is encouraged by EOT's recommendation that the terminus for the Green Line Extension be Mystic Valley ParkwayIRoute 16, pending the availability offederal funding and by EOT's report that it is on track to open the project by December 31, 2014. However, MassDEP is concerned that other uuresolved issues, such as the siting of the layover facility, the relocation of Lechmere Station, and the procurement of rolling stock could potentially delay the completion date of the project. 2. 310 CMR 7.36(2)(h)2 requires EOT to plan and construct 1000 new park and ride parking spaces. In the annual report, EOT indicates that it has not met the first interim milestone of 31 0 CMR 7.36(3) to develop a request for proposals for a design consultant, This information is available 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: http://www.mass.gov/dep Printed on Recycled Paper o complete the competitive procurement process, and issue a notice to proceed for a design consultant for these spaces, but that it is continuing its work to achieve the project deadline of December 31, 2011. In the event of a delay of the Green Line Extension or 1000 park and ride parking spaces, the need for interim emission offset measures per 310 CMR 7.36(4) will be triggered. Please contact me if you have any questions or concerns. Sincerely, G1\La~ i Vku,vVle 5w't­ Commissioner U.S. EPA, Region 1 Boston Region Metropolitan Planning Organization