Federal Register / Vol. 88, No. 175 / Tuesday, September 12, 2023 / Notices 62567 

I. Registration 

Individual registration is required for 

the public meeting. Information on how 

to register is located at https://

www.epa.gov/environmentaljustice/ 

white-house-environmental-justiceadvisory-council. Registration for the 

meeting is available until the scheduled 

end time of the meeting. Registration to 

speak during the public comment 

period will close at 11:59 p.m., EDT, on 

Thursday, September 21, 2023. When 

registering, please provide your name, 

organization, city and state, and email 

address for follow up. Please also 

indicate whether you would like to 

provide public comment during the 

meeting, or if you are submitting written 

comments. 

A. Public Comment 

The WHEJAC is interested in 

receiving public comments relevant to 

the following charges, topics, and 

questions currently under 

consideration: (1) the Climate and 

Economic Justice Screening Tool; (2) the 

Environmental Justice Scorecard; (3) 

carbon management; (4) ways that the 

WHEJAC could recommend advancing 

environmental justice through a wholeof-government approach; and (5) 

environmental justice issues affecting 

Indigenous Peoples and Tribal Nations. 

With respect to environmental justice 

issues affecting indigenous peoples and 

tribal nations, the WHEJAC Indigenous 

Peoples and Tribal Nations Workgroup 

is particularly interested in receiving 

comments on: Examples of 

environmental hazards of particular 

concern for indigenous peoples and 

tribal nations (for example, 

environmental hazards related to 

Federal activities that may affect sacred 

sites and areas of cultural significance, 

cultural or other traditions or practices, 

subsistence, and ways of life); ways in 

which the Federal Government can 

address community impacts on, and 

concerns of, indigenous peoples and 

tribal nations; and ways in which the 

incorporation of indigenous knowledge 

into Federal decision-making could help 

address environmental hazards and 

environmental justice concerns. More 

information on WHEJAC workgroup 

charges is located online at: https://

www.epa.gov/environmentaljustice/ 

white-house-environmental-justiceadvisory-council, under WHEJAC 

Membership and Workgroups. 

Priority to speak during the meeting 

will be given to public commenters with 

comments relevant to the topics and 

questions listed above. Every effort will 

be made to hear from as many registered 

public commenters during the time 

specified on the agenda. Individuals or 

groups making remarks during the 

public comment period will be limited 

to three (3) minutes. Please be prepared 

to briefly describe your issue and your 

recommendation relevant to the current 

charges, topics, and questions under 

consideration by the WHEJAC. 

Submitting written comments for the 

record is strongly encouraged. You can 

submit your written comments in three 

different ways: (1) by creating comments 

in the Docket ID No. EPA–HQ–OEJECR– 

2023–0099 at https://

www.regulations.gov, (2) by using the 

webform at https://www.epa.gov/ 

environmentaljustice/forms/whitehouse-environmental-justice-advisorycouncil-whejac-public-comment, and (3) 

by sending comments via email to 

whejac@epa.gov. Written comments can 

be submitted through October 10, 2023. 

B. Information About Services for 

Individuals With Disabilities or 

Requiring English Language Translation 

Assistance 

To request special accommodations 

for a disability or other assistance, 

please submit your request at least five 

(5) working days prior to the meeting to 

give EPA sufficient time to process your 

request. All requests should be sent to 

the email listed in the FOR FURTHER

INFORMATION CONTACT section. 

Matthew Tejada, 

Deputy Assistant Administrator for 

Environmental Justice, Office of 

Environmental Justice and External Civil 

Rights. 

[FR Doc. 2023–19608 Filed 9–11–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–11012–01–OAR] 

Official Release of the MOVES4 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 latest MOtor Vehicle 

Emission Simulator model major release 

(MOVES4) for official purposes outside 

of California. MOVES4 is the latest 

version of EPA’s state-of-the science 

modeling tool for estimating emissions 

from cars, trucks, buses, and 

motorcycles based on the latest data and 

regulations. MOVES4 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 MOVES4 

will need to be used as the latest EPA 

emissions model for transportation 

conformity determinations outside of 

California, both in new regional 

emissions analyses and in new hot-spot 

analyses. 

DATES: EPA’s announcement of the 

MOVES4 emissions model for SIPs and 

transportation conformity analyses in 

states other than California is effective 

September 12, 2023. This 

announcement starts a two-year 

transportation conformity grace period 

that ends on September 12, 2025. After 

this date, MOVES4 will need to be used 

as the latest EPA emissions model for 

new transportation conformity analyses 

outside of California in both regional 

emissions analyses and in hot-spot 

analysis. 

FOR FURTHER INFORMATION CONTACT: For 

technical model questions regarding the 

official release or use of MOVES4, 

please email EPA at mobile@epa.gov. 

For questions about SIPs, contact Rudy 

Kapichak at Kapichak.Rudolph@

epa.gov. For transportation conformity 

questions, contact Aaron Letterly at 

Letterly.Aaron@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

contents of this notice are as follows: 

I. General Information 

II. What is MOVES4? 

III. SIPs and MOVES4 

IV. Transportation Conformity and MOVES4 

I. General Information 

A. Does this action apply to me? 

Entities potentially impacted by the 

approval of MOVES4 are those that 

adopt, approve, or fund transportation 

plans, transportation improvement 

programs (TIPs), or projects as defined 

in 40 CFR 93.101 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. 


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62568 Federal Register / Vol. 88, No. 175 / Tuesday, September 12, 2023 / Notices 

1 Interested parties can find these documents 

under the ‘‘Emission Models and Conformity’’ and 

‘‘Project-Level Conformity’’ topics on this website. 2MOVES 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. 

3For more information, see EPA’s MOVES 

Versions in Limited Current Use website. 

4 88 FR 4296, January 24, 2023. 

5 86 FR, December 30, 2021. 

6See 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). 

7See 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) 

and in the ‘‘Implementation of the 2015 National 

Ambient Air Quality Standards for Ozone: 

Category Examples of regulated entities 

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 MOVES4 and 

other related information? 

The official version of the MOVES4 

model and supporting documentation 

are available on EPA’s MOVES website: 

www.epa.gov/moves. Individuals who 

want to receive EPA announcements 

related to the MOVES4 model can 

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 

MOVES4 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-localtransportation,1 including ‘‘MOVES4 

Policy Guidance: Use of MOVES for 

State Implementation Plan 

Development, Transportation 

Conformity, General Conformity, and 

Other Purposes.’’ (420–B–23–009, 

August 2023). 

EPA will continue to update these 

websites as other MOVES support 

materials and guidance are developed or 

updated. 

II. What is MOVES4? 

MOVES4 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 

pollutants and precursors from cars, 

trucks, buses, and motorcycles for SIP 

purposes and conformity 

determinations outside of California.2

The model is based on analyses of 

millions of emission test results and 

considerable advances in the Agency’s 

understanding of vehicle emissions. 

MOVES4 is a major revision to the 

MOVES series of models. This model is 

the fourth major MOVES release—the 

first three were MOVES2010, 

MOVES2014, and MOVES3.3

MOVES4 includes new regulations, 

features, and significant new data, as 

detailed in the MOVES4 technical 

reports. Notably, MOVES4 incorporates: 

• The emission impacts of the EPA 

heavy-duty low NOX rule for model 

years 2027 and later 4 and the light-duty 

greenhouse gas rule for model years 

2023 and later.5

• The ability to model heavy-duty 

battery-electric and fuel-cell vehicles, as 

well as CNG long-haul combination 

trucks. 

• Improved modeling of light-duty 

electric vehicles. 

• New tools to make the model easier 

to use and updates for compatibility 

with newer software. 

• Updated data and forecasts on 

vehicle populations (including electric 

vehicle fractions), travel activity, and 

emission rates, as well as updated fuel 

supply information at the county level. 

• The latest data on ammonia 

emission rates for light-duty and heavyduty vehicles. 

• A number of limited-impact 

updates to specific emissions rates and 

adjustments. 

Like its predecessors, MOVES4 

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, like previous 

versions, MOVES4 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.6

The structure of MOVES4 is 

fundamentally the same as MOVES3, 

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 MOVES4 to 

MOVES3 using default information in 

MOVES4 at the national level, and for 

three sample urban counties with 

different local travel patterns and 

ambient conditions. In general, 

compared to MOVES3, MOVES4 will 

produce notable decreases in NOX for 

future years due to the emissions 

reductions of new regulations and small 

decreases in most other pollutants. 

However, ammonia emissions increase 

significantly because real-world 

emission measurements show ammonia 

emissions from both gasoline and diesel 

vehicles are much higher than MOVES3 

predicted. Similarly, nitrous oxide 

(N2O) emissions have increased due to 

new data for heavy-duty diesel vehicles. 

Note that results will vary based on the 

pollutant selected and that area’s local 

inputs. 

III. SIPs and MOVES4 

EPA has articulated its policy 

regarding the use of MOVES4 in SIP 

development in its ‘‘MOVES4 Policy 

Guidance: Use of MOVES for State 

Implementation Plan Development, 

Transportation Conformity, General 

Conformity, and Other Purposes’’ (EPA– 

420–B–23–009, August 2023). 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 MOVES4 in 

reasonable further progress SIPs, 

attainment demonstrations, 

maintenance plans, inventory updates, 

and other SIP submissions. 

MOVES4 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 MOVES4 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.7 However, EPA also 


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Federal Register / Vol. 88, No. 175 / Tuesday, September 12, 2023 / Notices 62569 

Nonattainment Area State Implementation Plan 

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

2018). 

8Sierra Club v. EPA, 356 F.3d. 296, 308 (D.C. 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 MOVES3. States should 

consult with their EPA Regional Office 

if they have questions about how 

MOVES4 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 MOVES4 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 MOVES3 

(e.g., attainment modeling has already 

been completed with MOVES3) may 

continue to rely on this earlier version 

of MOVES. It would be unreasonable to 

require the states to revise these SIPs 

with MOVES4 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.8 States can choose to use 

MOVES4 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 MOVES4 

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 MOVES4 into the SIP 

now could assist areas in mitigating 

possible transportation conformity 

difficulties in the future after the 

MOVES4 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 MOVES4 (40 CFR 93.111), so 

having MOVES4-based SIP budgets in 

place at that time could provide more 

consistency with transportation 

conformity determinations. 

IV. Transportation Conformity and 

MOVES4 

In today’s notice, EPA is announcing 

the availability of MOVES4 for use in 

transportation conformity analyses 

outside of California. EPA is also 

establishing a two-year grace period 

before MOVES4 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 MOVES4 

grace period for regional emissions and 

hot-spot analyses applies to the use of 

MOVES4 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 

MOVES4 is to be implemented for 

transportation conformity, including 

details about using MOVES4 during the 

grace period, refer to ‘‘MOVES4 Policy 

Guidance: Use of MOVES for State 

Implementation Plan Development, 

Transportation Conformity, General 

Conformity, and Other Purposes.’’ 

(EPA–420–B–23–009). 

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 MOVES4, 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 

MOVES4 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 MOVES4 emissions 

model and may need to convert existing 

data for use in MOVES4. 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 

transportation plan/TIP changes are 


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62570 Federal Register / Vol. 88, No. 175 / Tuesday, September 12, 2023 / Notices 

9 In this example, such an area would use 

MOVES4 to develop a regional emissions analysis 

for PM10 for comparison to the revised MOVES4- 

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

emissions analysis for ozone could be based on 

MOVES3 for the VOC and NOX budgets in the 

ozone SIP for the remainder of the conformity grace 

period. 

10 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)). 

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 

that reflect MOVES4. EPA is working to 

update guidance documents and 

training materials as quickly as possible. 

EPA will notify MOVES4 users when 

these important materials are available. 

Training materials will address different 

levels of state and local expertise. 

In addition, many agencies will be 

implementing the transition to MOVES4 

for PM and CO hot-spot analyses 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 September 12, 2025, 

before MOVES4 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 MOVES4 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 MOVES4 if the 

conformity determination is based on a 

MOVES4-based budget (40 CFR 93.111). 

Areas that are designated 

nonattainment or maintenance for 

multiple pollutants may rely on both 

MOVES4 and MOVES3 to determine 

conformity for different pollutants 

during the grace period. For example, if 

an area revises a previously submitted 

(but not approved) MOVES3-based PM10

SIP with MOVES4 and EPA finds these 

revised MOVES4 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 MOVES4 grace 

period would end for PM10 regional 

emissions analyses once EPA found the 

new MOVES4-based SIP budgets 

adequate. However, MOVES3 could 

continue to be used for ozone-related 

regional emissions analyses begun 

before the end of the MOVES4 grace 

period.9 In addition, the length of the 

grace period for hot-spot analyses would 

not be affected by an early submission 

of MOVES4-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 MOVES4 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 

MOVES4-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 MOVES4 for Regional 

Emissions Analyses During the Grace 

Period 

During the conformity grace period, 

areas should use interagency 

consultation to examine how MOVES4 

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 MOVES4 grace period 

ends. Areas should carefully consider 

whether the SIP and budgets should be 

revised with MOVES4 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 

MOVES3 that are started before the end 

of the grace period. Regional emissions 

analyses that are started during the 

grace period can use either MOVES3 or 

MOVES4. The interagency consultation 

process should be used if it is unclear 

if a MOVES3-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 

September 12, 2025, MOVES4 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 

MOVES4, even if the SIP is based on 

MOVES3 or an older version of the 

MOVES model. 

D. Use of MOVES4 for Project-Level HotSpot Analyses During the Conformity 

Grace Period 

The MOVES4 grace period also 

applies to the use of MOVES4 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.10 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 

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 


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11See www.epa.gov/state-and-localtransportation/project-level-conformity-and-hotspot-analyses#cohotspot. 

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 MOVES3 or 

MOVES4. 

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 

MOVES4. 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. 

Until EPA updates these guidance 

documents, the MOVES3-based 

guidance still generally applies for 

MOVES4. See EPA’s ‘‘Project-level 

Conformity’’ website, www.epa.gov/ 

state-and-local-transportation/projectlevel-conformity-and-hot-spot-analyses, 

for the latest information and guidance 

documents on how to conduct CO, PM10

and PM2.5 hot-spot 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 MOVES4. 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 January 31, 

2023, that was based on MOVES3.11

During the MOVES4 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. However, new CO 

hot-spot analyses for conformity 

purposes begun after the end of the 

MOVES4 grace period would not be able 

to rely on the MOVES3-based January 

2023 CO categorical hot-spot finding. 

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 MOVES4 grace period, 

areas with previously approved CO hotspot protocols based on MOVES3 may 

continue to rely on these protocols. 

Once the MOVES4 two-year grace 

period ends, new CO hot-spot analyses 

for conformity purposes will need to be 

based on MOVES4. Previously approved 

SIP CO hot-spot protocols that are based 

on emissions models prior to MOVES3 

can no longer be used for transportation 

conformity purposes. 

Karl Simon, 

Director, Transportation and Climate 

Division, Office of Transportation and Air 

Quality. 

[FR Doc. 2023–19116 Filed 9–11–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

EPA–HQ–OPP–2023–0070; FRL–10841–07– 

OCSPP] 

Pesticide Product Registration; 

Receipt of Applications for New Active 

Ingredients (July 2023) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA has received applications 

to register pesticide products containing 

active ingredients not included in any 

currently registered pesticide products. 

Pursuant to the Federal Insecticide, 

Fungicide, and Rodenticide Act 

(FIFRA), EPA is hereby providing notice 

of receipt and opportunity to comment 

on these applications. 

DATES: Comments must be received on 

or before October 12, 2023. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2023–0070, 

through the Federal eRulemaking Portal 

at https://www.regulations.gov. Follow 

the online instructions for submitting 

comments. Do not submit electronically 

any information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Additional 

instructions on commenting and visiting 

the docket, along with more information 

about dockets generally, is available at 

https://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Madison Le, Biopesticides and Pollution 

Prevention Division (BPPD) (7511M), 

main telephone number: (202) 566– 

1400, email address: BPPDFRNotices@

epa.gov. The mailing address for each 

contact person is Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW, 

Washington, DC 20460–0001. As part of 

the mailing address, include the contact 

person’s name, division, and mail code. 

The division to contact is listed at the 

end of each application summary. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

B. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

regulations.gov or email. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD–ROM that 

you mail to EPA, mark the outside of the 

disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for preparing your comments. 

When preparing and submitting your 

comments, see the commenting tips at 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

II. Registration Applications 

EPA has received applications to 

register pesticide products containing 

active ingredients not included in any 

currently registered pesticide products. 


lotter on DSK11XQN23PROD with NOTICES1