1106 Federal Register / Vol. 86, No. 4 / Thursday, January 7, 2021 / Notices 

• Background on the nature of 

intracontinental and intercontinental 

transport of air pollution. 

The EPA accepted comments on the 

draft guidance from January 9, 2020, 

through March 10, 2020. The EPA 

received comments from 15 entities. All 

comments received by the EPA are 

included in the docket for this guidance. 

The EPA thoroughly considered the 

points raised in the comments in the 

development of this final guidance. 

1. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is a significant guidance 

document that was submitted to the 

Office of Management and Budget 

(OMB) for review. Any changes made in 

response to OMB recommendations 

have been documented in the docket. 

2. Executive Order 13771: Reducing 

Regulations and Controlling Regulatory 

Costs 

This action is not considered an 

Executive Order 13771 deregulatory or 

regulatory action. This action is 

considered a significant guidance 

action. There are no quantified cost 

estimates for this guidance because it 

does not create regulatory requirements 

for states. To the extent the 

clarifications in the guidance influence 

the behaviors of states, this guidance 

could help a state develop an 

approvable CAA section 179B 

demonstration, which in turn would be 

expected to reduce the state’s burden 

associated with implementing 

nonattainment area requirements. 

3. Executive Order 13609: Promoting 

International Regulatory Cooperation 

This guidance does not impact 

regulatory cooperation because it is not 

a regulation. 

4. Executive Order 13777: Enforcing the 

Regulatory Reform Agenda 

This guidance is not being issued as 

a result of the agency’s regulatory 

reform agenda or through a 

recommendation from the Agency’s 

Regulatory Reform Task Force because it 

is not a regulation. 

5. Executive Order 13891: Promoting the 

Rule of Law Through Improved Agency 

Guidance Documents 

This guidance complies with all the 

requirements of Executive Order 13891. 

Dated: December 18, 2020. 

Panagiotis Tsirigotis, 

Director, Office of Air Quality Planning and 

Standards. 

[FR Doc. 2021–00026 Filed 1–6–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–10016–84–OAR] 

Official Release of the MOVES3 Motor 

Vehicle Emissions Model for SIPs and 

Transportation Conformity 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of availability. 

SUMMARY: The Environmental Protection 

Agency (EPA) is announcing the 

availability of the MOtor Vehicle 

Emission Simulator model (MOVES3) 

for official purposes outside of 

California. MOVES3 is the latest stateof-the art upgrade to EPA’s modeling 

tools for estimating emissions from cars, 

trucks, buses, and motorcycles based on 

the latest data and regulations. MOVES3 

is available for use in state 

implementation plans (SIPs) and 

transportation conformity analyses 

outside of California. This notice starts 

a two-year grace period before MOVES3 

will need to be used as the latest EPA 

emissions model in new regional 

emissions analyses and a two-year grace 

period before MOVES3 will need to be 

used in new hot-spot analyses for 

transportation conformity 

determinations outside of California. 

DATES: EPA’s announcement of the 

MOVES3 emissions model for SIPs and 

transportation conformity analyses in 

states other than California is effective 

January 7, 2021. This announcement 

starts a two-year transportation 

conformity grace period that ends on 

January 9, 2023. After this date, 

MOVES3 will need to be used as the 

latest EPA emissions model in both 

regional emissions analyses and in hotspot analysis for new transportation 

conformity analyses outside of 

California. 

FOR FURTHER INFORMATION CONTACT: For 

technical model questions regarding the 

official release or use of MOVES3, 

please email EPA at mobile@epa.gov. 

For questions about SIPs, contact Rudy 

Kapichak at Kapichak.Rudolph@

epa.gov, 734–214–4574. For 

transportation conformity questions, 

contact Astrid Terry at Terry.Astrid@

epa.gov, 734–214–4812. 

SUPPLEMENTARY INFORMATION: The 

contents of this notice are as follows: 

I. General Information 

II. What is MOVES3? 

III. SIPs and MOVES3 

IV. Transportation Conformity and MOVES3 

I. General Information 

A. Does this action apply to me? 

Entities potentially impacted by the 

approval of MOVES3 are those that 

adopt, approve, or fund transportation 

plans, transportation improvement 

programs (TIPs), or projects under title 

23 U.S.C. or title 49 U.S.C. Chapter 53 

and those that develop and submit SIPs 

to EPA. Regulated categories and 

entities affected by today’s action 

include: 

Category Examples of regulated 

entities 

Local government.Local air quality and transportation agencies, including metropolitan planning 

organizations (MPOs). 

State government.State air quality and transportation agencies. 

Federal government.Department of Transportation (Federal Highway 

Administration (FHWA) 

and Federal Transit Administration (FTA)). 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by the release of MOVES. Other 

entities not listed in the table could also 

be affected. To determine whether your 

organization is affected by this action, 

you should carefully examine the 

transportation conformity applicability 

requirements in 40 CFR 93.102. If you 

have questions regarding the 

applicability of this action to a 

particular entity, consult the persons 

listed in the preceding FOR FURTHER

INFORMATION CONTACT section. 

B. How can I get copies of MOVES3 and 

other related information? 

The official version of the MOVES3 

model, along with user guides and 

supporting documentation, are available 

on EPA’s MOVES website: 

www.epa.gov/moves. Individuals who 

wish to receive EPA announcements 

related to the MOVES3 model should 

subscribe to the EPA–MOBILENEWS 

email listserv, which can be done at 

EPA’s website at: www.epa.gov/moves/ 

forms/epa-mobilenews-listserv. 

Available guidance on how to apply 

MOVES3 for SIPs and transportation 

conformity purposes can be found on 

EPA’s transportation conformity 

website, www.epa.gov/state-and-localtransportation/policy-and-technicalguidance-state-and-localVerDate Sep<11>2014 18:12 Jan 06, 2021 Jkt 253001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\07JAN1.SGM 07JAN1

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Federal Register / Vol. 86, No. 4 / Thursday, January 7, 2021 / Notices 1107 

1 Interested parties can find these documents 

under either the ‘‘Emission Models and 

Conformity’’ or ‘‘Project-Level Conformity’’ topics 

on this website. 

2This guidance, along with the other EPA 

guidance referenced in this document, is listed in 

the EPA guidance portal at www.epa.gov/guidance/ 

guidance-documents-managed-office-air-andradiation. 

3MOVES can also model emissions in the District 

of Columbia, Puerto Rico, and the U.S. Virgin 

Islands. Nonattainment and maintenance areas 

located in California use the latest approved version 

of the Emission FACtor (EMFAC) model. 

4 In the remainder of this notice, ‘‘MOVES2014’’ 

refers to all of the MOVES2014 models: 

MOVES2014, MOVES2014a, and MOVES2014b. 

5 81 FR 7348, October 25, 2016. 

6 85 FR 24174, April 30, 2020. 

7See EPA’s notice of availability, ‘‘Official 

Release of the January 2011 AP–42 Method for 

Estimating Re-Entrained Road Dust from Paved 

Roads,’’ published in the Federal Register on 

February 4, 2011 (76 FR 6328). 

8See Clean Air Act section 172(c)(3). Also see the 

discussion of emissions inventory requirements in 

the ‘‘Fine Particulate Matter National Ambient Air 

Quality Standards: State Implementation Plan 

Requirements’’ rule (81 FR 58029, August 24, 2016) 

Continued 

transportation,1 including ‘‘Policy 

Guidance on the Use of MOVES3 for 

State Implementation Plan 

Development, Transportation 

Conformity, General Conformity, and 

Other Purposes’’ (EPA–420–B–20–044, 

November 2020).2

EPA will continue to update these 

websites as other MOVES support 

materials and guidance are developed or 

updated. 

II. What is MOVES3? 

MOVES3 is EPA’s latest motor vehicle 

emissions model for state and local 

agencies to estimate volatile organic 

compounds (VOCs), nitrogen oxides 

(NOx), particulate matter (PM2.5 and 

PM10), carbon monoxide (CO), and other 

precursors from cars, trucks, buses, and 

motorcycles for SIP purposes and 

conformity determinations outside of 

California.3 The model is based on 

analyses of millions of emission test 

results and considerable advances in the 

Agency’s understanding of vehicle 

emissions. 

The first model in the MOVES series, 

called MOVES2010, was released in 

December of 2009. MOVES2010 was 

followed by two minor updates, 

MOVES2010a and MOVES2010b. Both 

of these minor MOVES2010 revisions 

enhanced model performance. 

MOVES2014, released in 2014, was a 

major revision to MOVES2010b and 

included new data, new emissions 

standards, and new functional 

improvements and features. It 

incorporated substantial new data for 

emissions, fleet, and activity developed 

since the release of MOVES2010. 

MOVES2014 was also followed by two 

minor updates, MOVES2014a and 

MOVES2014b.4

MOVES3 incorporates new 

regulations, features and significant new 

data, as detailed in the MOVES3 

technical reports. Notably, MOVES3 

incorporates: 

• Improvements to heavy-duty (HD) 

diesel running emission rates based on 

manufacturer in-use testing data from 

hundreds of HD trucks; 

• Updated emission rates for HD 

gasoline and compressed natural gas 

(CNG) trucks; 

• Updated light-duty (LD) vehicle 

emission rates for hydrocarbons (HC), 

CO and NOx-based on in-use testing 

data; 

• Updated LD PM rates for Model 

Year (MY) 2004 and later, incorporating 

data on gasoline direct injection 

engines; 

• New fuel characteristic data from 

EPA fuel compliance submissions; 

• Updated fuel effect calculations to 

better characterize the base fuel used to 

develop LD base emission rates; 

• The effects of the HD Phase 2 GHG 

rule; 5

• The effects of the Safer Affordable 

Fuel-Efficient (SAFE) Vehicles Rule on 

light-duty fuel economy; 6

• ‘‘Off-network idle’’ emissions 

beyond the idling that is already 

considered in the MOVES drive cycles; 

and 

• Several improvements to the 

MOVES interface, user inputs and 

outputs. 

MOVES3 also includes a variety of 

activity updates, most notably: 

• Vehicle start and idling activity 

patterns are based on real-world 

instrumented vehicle data collected by 

a telecommunications company for LD 

vehicles and the Department of Energy’s 

(DOE) National Renewable Energy Lab 

(NREL) for HD vehicles; 

• Default hotelling activity has been 

substantially reduced from what was 

included in MOVES2014 based on the 

NREL instrumented truck data; 

• National vehicle miles travelled 

(VMT) and vehicle population inputs 

have been updated with newer 

historical data from the Federal 

Highway Administration (FHWA) and 

more recent forecasts from DOE; and 

• National onroad vehicle default 

fuel, regulatory class, and age 

distributions are based on newer vehicle 

registration data. 

MOVES3 includes the capability to 

estimate vehicle exhaust and 

evaporative emissions as well as brake 

wear and tire wear emissions for criteria 

pollutants and precursors. However, 

MOVES3 does not include the 

capability to estimate emissions of reentrained road dust. To estimate 

emissions from re-entrained road dust, 

practitioners should continue to use the 

latest approved methodologies.7

The structure of MOVES3 is 

fundamentally the same as 

MOVES2014, although there are new 

format options for some inputs, and the 

model run time may differ depending 

on the type of run and user inputs and 

computer configuration. As for 

emissions, EPA performed a comparison 

of MOVES3 to MOVES2014b using 

default information in MOVES3 at the 

national level, and for two sample urban 

counties with different local travel 

patterns and ambient conditions. In 

general, compared to MOVES2014b, 

MOVES3 national emission estimates 

are slightly lower for most criteria 

pollutants in future years. However, in 

the two sample urban counties, NOX

emissions estimates were higher in 

future years. This is due to higher 

running emissions from heavy-duty 

trucks outweighing declines from 

heavy-duty hotelling. Note that results 

will vary based on the pollutant selected 

and that area’s local inputs. Based on 

our testing, MOVES run time at the 

Default and County Scale should be 

about the same or faster than runs with 

MOVES2014b. In addition, MOVES3 

run time at the Project Scale may be 

notably longer compared to 

MOVES2014 depending on the type of 

run, user inputs and computer 

configuration. 

III. SIPs and MOVES3 

EPA has articulated its policy 

regarding the use of MOVES3 in SIP 

development in its ‘‘Policy Guidance on 

the Use of MOVES3 for State 

Implementation Plan Development, 

Transportation Conformity, General 

Conformity and Other Purposes’’ (EPA– 

420–B–20–044, November 2020). 

Today’s notice highlights certain aspects 

of the guidance, but state and local 

governments should refer to the 

guidance for more detailed information 

on how and when to use MOVES3 in 

reasonable further progress SIPs, 

attainment demonstrations, 

maintenance plans, inventory updates, 

and other SIP submissions. 

MOVES3 should be used in ozone, 

CO, PM, and nitrogen dioxide (NO2) SIP 

development as expeditiously as 

possible, as there is no grace period for 

the use of MOVES3 in SIPs. The Clean 

Air Act requires that SIP inventories 

and control measures be based on the 

most current information and applicable 

models that are available when a SIP is 

developed.8 However, EPA also 


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and in the ‘‘Implementation of the 2015 National 

Ambient Air Quality Standards for Ozone: 

Nonattainment Area State Implementation Plan 

Requirements’’ rule (83 FR 63022, December 6, 

2018). 

9Sierra Club v. EPA, 356 F.3d. 296, 308 (DC Cir. 

2004) (‘‘To require states to revise completed plans 

every time a new model is announced would lead 

to significant costs and potentially endless delays 

in the approval processes.’’) 

recognizes the time and level of effort 

that certain states may have already 

undertaken in SIP development using a 

version of MOVES2014. States should 

consult with their EPA Regional Office 

if they have questions about how 

MOVES3 affects SIPs under 

development in specific nonattainment 

or maintenance areas. Early consultation 

can facilitate EPA’s adequacy finding for 

SIP motor vehicle emissions budgets for 

transportation conformity purposes or 

EPA’s SIP approval. 

States should use the latest version of 

MOVES that is available at the time that 

a SIP is developed. All states other than 

California should use MOVES3 for SIPs 

that will be submitted in the future so 

that they are based on the most accurate 

estimates of emissions possible. 

However, state and local agencies that 

have already completed significant work 

on a SIP with a version of MOVES2014 

(e.g., attainment modeling has already 

been completed with MOVES2014) may 

continue to rely on the earlier version of 

MOVES. It would be unreasonable to 

require the states to revise these SIPs 

with MOVES3 since significant work 

has already occurred based on the latest 

information available at the time the SIP 

was developed, and EPA intends to act 

on these SIPs in a timely manner. 

The Clean Air Act does not require 

states that have already submitted SIPs 

or will submit SIPs shortly after the 

release of a new model to revise these 

SIPs simply because a new motor 

vehicle emissions model is now 

available.9 States can choose to use 

MOVES3 in these SIPs, for example, if 

it is determined that it is appropriate to 

update motor vehicle emissions budgets 

(‘‘budgets’’) with the model for future 

conformity determinations. However, as 

stated above, states should use MOVES3 

where SIP development is in its initial 

stages or has not progressed far enough 

along that switching from a previous 

model version would create a significant 

adverse impact on state resources. 

Incorporating MOVES3 into the SIP 

now could assist areas in mitigating 

possible transportation conformity 

difficulties in the future after the 

MOVES3 conformity grace period ends. 

New regional emissions analyses using 

EPA’s emissions model that are started 

after the grace period is over must be 

based on MOVES3 (40 CFR 93.111), so 

having MOVES3-based SIP budgets in 

place at that time could provide more 

consistency with transportation 

conformity determinations. 

IV. Transportation Conformity and 

MOVES3 

In today’s notice, EPA is announcing 

the availability of MOVES3 for use in 

transportation conformity analyses 

outside of California. EPA is also 

establishing a two-year grace period 

before MOVES3 will need to be used in 

regional emissions analysis for 

transportation conformity 

determinations and in hot-spot analyses 

for project-level transportation 

conformity determinations which use 

EPA’s emissions model. The MOVES3 

grace period for regional emissions and 

hot-spot analyses applies to the use of 

MOVES3 and any future minor 

revisions that occur during the grace 

period. 

Transportation conformity is a Clean 

Air Act requirement to ensure that 

federally supported highway and transit 

activities are consistent with (‘‘conform 

to’’) the SIP. Conformity to a SIP means 

that a transportation activity will not 

cause or contribute to new air quality 

violations; worsen existing violations; or 

delay timely attainment of national 

ambient air quality standards or any 

interim milestones. Transportation 

conformity applies in nonattainment 

and maintenance areas for 

transportation-related pollutants: 

Ozone, CO, PM2.5, PM10 and NO2. EPA’s 

transportation conformity regulations 

(40 CFR parts 51.390 and 93 Subpart A) 

describe how federally funded and 

approved highway and transit projects 

meet these statutory requirements. 

The remainder of this section 

describes how the transportation 

conformity grace period was determined 

and summarizes how it will be 

implemented, including those 

circumstances when the grace period 

could be shorter than two years for 

regional emissions analyses. However, 

for complete explanations of how 

MOVES3 is to be implemented for 

transportation conformity, including 

details about using MOVES3 during the 

grace period, refer to ‘‘Policy Guidance 

on the Use of MOVES3 for State 

Implementation Plan Development, 

Transportation Conformity, General 

Conformity and Other Purposes’’ (EPA– 

420–B–20–044). 

A. Why is EPA establishing a two-year 

conformity grace period? 

Section 176(c)(1) of the Clean Air Act 

states that ‘‘. . .[t]he determination of 

conformity shall be based on the most 

recent estimates of emissions, and such 

estimates shall be determined from the 

most recent population, employment, 

travel, and congestion estimates. . .’’. 

Additionally, the transportation 

conformity rule (40 CFR 93.111) 

requires conformity analyses to be based 

on ‘‘the latest emissions estimation 

model available,’’ and further states that 

this requirement is satisfied if the most 

current version of EPA’s motor vehicle 

emissions model is used. When EPA 

announces a new emissions model, such 

as MOVES3, we establish a grace period 

before the model needs to be used for 

transportation conformity purposes (40 

CFR 93.111(b)). In consultation with 

DOT, EPA must consider the degree of 

change in the emissions model and the 

effects of the new model on the 

transportation planning process (40 CFR 

93.111(b)(2)). The transportation 

conformity rule provides that EPA will 

establish a grace period for new 

emissions models of between three and 

24 months (40 CFR 93.111(b)(1)). 

EPA articulated its intentions for 

establishing the length of a conformity 

grace period in the preamble to the 1993 

transportation conformity rule 

(November 24, 1993; 58 FR 62211): 

‘‘EPA and DOT [the Department of 

Transportation] will consider extending 

the grace period if the effects of the new 

emissions model are so significant that 

previous SIP demonstrations of what 

emission levels are consistent with 

attainment would be substantially 

affected. In such cases, States should 

have an opportunity to revise their SIPs 

before MPOs must use the model’s new 

emissions factors.’’ 

In consultation with DOT, EPA 

considered the degree of change in 

MOVES3 and the effects of the new 

model on the transportation planning 

process (40 CFR 93.111(b)(2)). EPA 

considered the time it will take state 

and local transportation and air quality 

agencies to conduct and provide 

technical support for analyses. State and 

local agencies will need to become 

familiar with the MOVES3 emissions 

model and may need to convert existing 

data for use in MOVES3. Since 1993, the 

fundamental purpose of section 

93.111(b) of the transportation 

conformity rule has been to provide a 

sufficient amount of time for MPOs and 

other state and local agencies to learn 

and employ new emissions models. The 

transition to a new emissions model for 

conformity involves more than learning 

to use the new model and preparing 

input data and model output. After 

model start-up is complete, state and 

local agencies also need to consider how 

the model affects regional emissions 

analysis results and whether SIP and/or 


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Federal Register / Vol. 86, No. 4 / Thursday, January 7, 2021 / Notices 1109 

10 In this example, such an area would use 

MOVES3 to develop a regional emissions analysis 

for PM10 for comparison to the revised MOVES3- 

based budgets (e.g., PM10 budgets). The regional 

emissions analysis for ozone could be based on 

MOVES2014 for the VOC and NOx budgets in the 

ozone SIP for the remainder of the conformity grace 

period. 

11 In CO nonattainment and maintenance areas, a 

hot-spot analysis is required for all non-exempt 

projects, with quantitative hot-spot analyses being 

required for larger, congested intersections and 

other projects (40 CFR 93.123(a)(1)). In addition, in 

PM2.5 and PM10 nonattainment and maintenance 

areas, the transportation conformity regulation 

requires that a quantitative hot-spot analysis be 

completed for certain projects (see 40 CFR 

93.123(b)(1)). 

transportation plan/TIP changes are 

necessary to assure future conformity 

determinations. 

The two-year conformity grace period 

also provides sufficient time for state 

and local agencies to learn and apply 

new technical guidance and training 

courses that reflect MOVES3. EPA is 

working to update guidance documents 

and training courses as quickly as 

possible. EPA will notify MOVES3 users 

when these important materials are 

available. Training courses are 

anticipated to be provided in the form 

of webinars and other courses and 

address different levels of State and 

local expertise. 

In addition, many agencies will be 

implementing the transition to PM and 

CO hot-spot analyses with MOVES3 for 

applicable projects in those 

nonattainment and maintenance areas, 

with each analysis potentially involving 

multiple state and local agencies. States 

with CO hot-spot protocols that were 

previously approved into the SIP (40 

CFR 93.123(a)(1)) that are based on a 

previous model will need time to revise 

them. Additional time is necessary to 

revise previously approved CO hot-spot 

protocols, and the SIP revision process 

and state requirements can vary. 

Finally, EPA considered the general 

time and monetary resource constraints 

in which state and local agencies 

currently operate. Upon considerations 

of all these factors, EPA is establishing 

a two-year grace period, which begins 

today and ends on January 9, 2023, 

before MOVES3 needs to be used for 

new transportation conformity analyses 

outside of California. 

B. Circumstances When Grace Period 

Will Be Shorter Than Two Years 

The grace period for regional 

emissions analyses will be shorter than 

two years for a given pollutant if an area 

revises its SIP and motor vehicle 

emissions budgets with MOVES3 and 

such budgets have been found adequate 

or approved into the SIP prior to the end 

of the two-year grace period. In this 

case, the new regional emissions 

analysis must use MOVES3 if the 

conformity determination is based on a 

MOVES3-based budget (40 CFR 93.111). 

Areas that are designated 

nonattainment or maintenance for 

multiple pollutants may rely on both 

MOVES3 and MOVES2014 to determine 

conformity for different pollutants 

during the grace period. For example, if 

an area revises a previously submitted 

(but not approved) MOVES2014-based 

PM10 SIP with MOVES3 and EPA finds 

these revised MOVES3 budgets 

adequate for conformity, such budgets 

would apply for conformity on the 

effective date of the Federal Register 

notice announcing EPA’s adequacy 

finding. In this example, if the area is 

nonattainment for PM10 and ozone, the 

MOVES3 grace period would end for 

PM10 regional emissions analyses once 

EPA found the new MOVES3-based SIP 

budgets adequate. However, 

MOVES2014 could continue to be used 

for ozone-related regional emissions 

analyses begun before the end of the 

MOVES3 grace period.10 In addition, the 

length of the grace period for hot-spot 

analyses would not be affected by an 

early submission of MOVES3-based 

budgets. In this example, the two-year 

grace period for PM10 hot-spot analyses 

would continue to apply even if the 

grace period is shortened for regional 

PM10 conformity analyses. EPA Regional 

Offices should be consulted for 

questions regarding such situations in 

multi-pollutant areas. 

In addition, in most cases, if the state 

revises previously approved budgets 

based on an earlier EPA emissions 

model, the revised MOVES3 budgets 

could not be used for conformity 

purposes until EPA approves them, i.e., 

approves the SIP revision. In general, 

submitted SIPs cannot supersede 

approved budgets until the submitted 

SIP is approved. See 40 CFR 

93.118(e)(1). 

However, 40 CFR 93.118(e)(1) allows 

an approved budget to be replaced by an 

adequate budget if EPA’s approval of the 

initial budgets specifies that the budgets 

being approved may be replaced in the 

future by new adequate budgets. This 

flexibility has been used in limited 

situations in the past. In such cases, the 

MOVES3-based budgets would be used 

for conformity purposes once they have 

been found adequate, if requested by the 

state in its SIP submission and specified 

in EPA’s SIP approval. States should 

consult with their EPA Regional Office 

to determine if this flexibility applies to 

their situation. 

C. Use of MOVES3 for Regional 

Emissions Analyses During the Grace 

Period 

During the conformity grace period, 

areas should use interagency 

consultation to examine how MOVES3 

will impact their future transportation 

plan and TIP conformity 

determinations, including regional 

emissions analyses. Isolated rural areas 

should also consider how future 

regional emissions analyses will be 

affected when the MOVES3 grace period 

ends. Areas should carefully consider 

whether the SIP and budgets should be 

revised with MOVES3 or if 

transportation plans and TIPs should be 

revised before the end of the conformity 

grace period, since doing so may be 

necessary to ensure conformity in the 

future. 

Finally, the transportation conformity 

rule provides flexibility for completing 

conformity determinations based on 

regional emissions analyses that use 

MOVES2014 that are started before the 

end of the grace period. Regional 

emissions analyses that are started 

during the grace period can use either 

MOVES2014 or MOVES3. The 

interagency consultation process should 

be used if it is unclear if a MOVES2014- 

based analysis was begun before the end 

of the grace period. If there are 

questions about which model should be 

used in a conformity determination, the 

EPA Regional Office can be consulted. 

When the grace period ends on 

January 9, 2023, MOVES3 will become 

the only EPA motor vehicle emissions 

model for regional emissions analyses 

for transportation conformity in states 

other than California. In general, this 

means that all new transportation plan 

and TIP conformity determinations 

started after the end of the grace period 

must be based on MOVES3, even if the 

SIP is based on MOVES2014 or an older 

version of the MOVES model. 

D. Use of MOVES3 for Project-Level HotSpot Analyses During the Conformity 

Grace Period 

The MOVES3 grace period also 

applies to the use of MOVES3 for CO, 

PM10 and PM2.5 hot-spot analyses. 

Sections 93.116 and 93.123 of the 

transportation conformity regulation 

contain the requirements for when a 

hot-spot analysis is required for projectlevel conformity determinations.11 The 

transportation conformity rule provides 

flexibility for analyses that are started 

before the end of the grace period. A 

conformity determination for a 

transportation project may be based on 

a previous model if the analysis was 

begun before or during the grace period, 

and if the final environmental document 

for the project is issued no more than 


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12See www.epa.gov/state-and-localtransportation/project-level-conformity-and-hotspot-analyses#cohotspot. 

three years after the issuance of the draft 

environmental document (40 CFR 

93.111(c)). Interagency consultation 

should be used if it is unclear if a 

previous analysis was begun before the 

end of the grace period. For CO, PM10

and PM2.5 hot-spot analyses that start 

during the grace period, project 

sponsors can choose to use MOVES2014 

or MOVES3. 

EPA encourages sponsors to use the 

consultation process to determine 

which option may be most appropriate 

for a given situation. Any new CO, PM10

or PM2.5 hot-spot analyses for 

conformity purposes begun after the end 

of the grace period must be based on 

MOVES3. EPA has guidance on how to 

conduct quantitative PM2.5 and PM10

hot-spot modeling for transportation 

conformity purposes, and on how to use 

MOVES for a CO hot-spot analysis. EPA 

will be updating these guidance 

documents with MOVES3; until that 

time, the MOVES2014-based guidance 

may still generally be used for MOVES3. 

See EPA’s ‘‘Project-level Conformity’’ 

website, www.epa.gov/state-and-localtransportation/project-level-conformityand-hot-spot-analyses, for the latest 

information and guidance documents on 

how to conduct CO, PM10 and PM2.5 hotspot modeling for transportation 

conformity purposes. 

Any new, quantitative CO, PM10 or 

PM2.5 hot-spot analysis for conformity 

purposes begun after the end of the 

grace period using EPA’s emissions 

model must use MOVES3. The 

interagency consultation process should 

be used if it is unclear whether these 

conditions are met. For questions about 

which model should be used in a 

project-level conformity determination, 

consult with your EPA Regional Office. 

E. FHWA’s CO Categorical Hot-Spot 

Finding 

FHWA released the most recent CO 

categorical hot-spot finding for 

intersection projects on July 17, 2017, 

that was based on MOVES2014a.12

During the MOVES3 grace period, a 

project sponsor outside of California 

may continue to rely on the categorical 

finding for applicable projects that are 

determined through interagency 

consultation to be covered by the 

finding’s parameters. Any new CO hotspot analyses for conformity purposes 

begun after the end of the MOVES3 

grace period may no longer rely on the 

July 2017 CO categorical hot-spot 

finding because the finding was based 

on MOVES2014. 

F. CO Hot-Spot Protocols That Were 

Previously Approved Into the SIP 

Section 93.123(a)(1) of the 

transportation conformity regulation 

allows areas to develop alternate 

procedures for determining localized 

CO hot-spot analyses, when developed 

through interagency consultation and 

approved by the EPA Regional 

Administrator. Some states have chosen 

in the past to develop such procedures 

based on previous EPA emissions 

models. 

During the MOVES3 grace period, 

areas with previously approved CO hotspot protocols based on MOVES2014 

may continue to rely on these protocols. 

Once the MOVES3 two-year grace 

period ends, new CO hot-spot analyses 

for conformity purposes will need to be 

based on MOVES3 and thus may no 

longer rely on a CO hot-spot protocols 

based on MOVES2014. 

Dated: November 24, 2020. 

Karl J. Simon, 

Director, Transportation and Climate 

Division, Office of Transportation and Air 

Quality. 

[FR Doc. 2021–00023 Filed 1–6–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–10016–65–OMS] 

Cross-Media Electronic Reporting: 

Authorized Program Revision 

Approval, State of Tennessee 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces the 

Environmental Protection Agency (EPA) 

approval of the State of Tennessee’s 

request to revise/modify certain of its 

EPA-authorized programs to allow 

electronic reporting. 

DATES: EPA approves the authorized 

program revisions/modifications as of 

January 7, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Shirley M. Miller, CROMERR Program 

Manager, U.S. Environmental Protection 

Agency, Office of Information 

Management, Mail Stop 2824T, 1200 

Pennsylvania Avenue NW, Washington, 

DC 20460, (202) 566–2908, 

miller.shirley@epa.gov. 

SUPPLEMENTARY INFORMATION: On 

October 13, 2005, the final Cross-Media 

Electronic Reporting Rule (CROMERR) 

was published in the Federal Register 

(70 FR 59848) and codified as part 3 of 

title 40 of the CFR. CROMERR 

establishes electronic reporting as an 

acceptable regulatory alternative to 

paper reporting and establishes 

requirements to assure that electronic 

documents are as legally dependable as 

their paper counterparts. Subpart D of 

CROMERR requires that state, tribal or 

local government agencies that receive, 

or wish to begin receiving, electronic 

reports under their EPA-authorized 

programs must apply to EPA for a 

revision or modification of those 

programs and obtain EPA approval. 

Subpart D provides standards for such 

approvals based on consideration of the 

electronic document receiving systems 

that the state, tribe, or local government 

will use to implement the electronic 

reporting. Additionally, § 3.1000(b) 

through (e) of 40 CFR part 3, subpart D 

provides special procedures for program 

revisions and modifications to allow 

electronic reporting, to be used at the 

option of the state, tribe or local 

government in place of procedures 

available under existing programspecific authorization regulations. An 

application submitted under the subpart 

D procedures must show that the state, 

tribe or local government has sufficient 

legal authority to implement the 

electronic reporting components of the 

programs covered by the application 

and will use electronic document 

receiving systems that meet the 

applicable subpart D requirements. 

On September 3, 2020, the Tennessee 

Department of Environmental 

Conservation (TDEC) submitted an 

application titled MyTDEC Forms for 

revisions/modifications to its EPAapproved programs under title 40 CFR 

to allow new electronic reporting. EPA 

reviewed TDEC’s request to revise/ 

modify its EPA-authorized programs 

and, based on this review, EPA 

determined that the applications met 

the standards for approval of authorized 

program revisions/modifications set out 

in 40 CFR part 3, subpart D. In 

accordance with 40 CFR 3.1000(d), this 

notice of EPA’s decision to approve the 

State of Tennessee’s request to revise/ 

modify its following EPA-authorized 

programs under 40 CFR parts 123 and 

403, to allow electronic reporting under 

40 CFR parts 122, 125, and 403–471, is 

being published in the Federal Register: 

Part 123: EPA-Administered Permit 

Programs: the National Pollutant 

Discharge Elimination System 

(NPDES) Reporting under CFR 122 & 

125 

Part 403: General Pretreatment 

Regulations for Existing and New 


jbell on DSKJLSW7X2PROD with NOTICES