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EO12866_Transportation Conformity 2060-AR03 NPRM_20110613

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 93 

EPA-HQ-OAR-2011-0393; FRL_XXXX-X

RIN 2060-AR03 

Transportation Conformity Rule: MOVES Regional Grace Period 

Extension

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA is proposing to extend the grace period before the 

MOtor Vehicle Emission Simulator model (currently MOVES2010a) is 

required for regional emissions analyses for transportation 

conformity determinations (“regional conformity analyses”). 

This proposal would provide an additional year to the previously 

established two-year conformity grace period, so that MOVES2010a 

would not be required for regional conformity analyses until 

March 2, 2013. This proposal would not affect EPA’s previous 

approval of the use of MOVES in official state air quality 

implementation plan (SIP) submissions or the existing grace 

period before MOVES2010a is required for carbon monoxide and 

particulate matter hot-spot analyses for project-level 

conformity determinations. 

DATES: Written comments on this proposal must be received on or 

before [insert date 30 days after publication in the Federal 
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Register].

ADDRESSES: Submit your comments, identified by Docket ID No.

EPA-OAR-2011-0393, by one of the following methods:

 www.regulations.gov: Follow the on-line instructions for 

submitting comments.

 Email: a-and-r-docket@epa.gov

 Fax: (202) 566-9744

 Mail: Air Docket, Environmental Protection Agency, 

Mailcode: 2822T, 1200 Pennsylvania Ave., NW, Washington, 

D.C., 20460, Attention Docket ID No. EPA-HQ-OAR-2011-0393. 

Please include a total of two copies.

 Hand Delivery: Air Docket, Environmental Protection 

Agency: EPA West Building, EPA Docket Center (Room 3334), 

1301 Constitution Ave., NW, Washington, D.C., Attention 

Docket ID No. EPA-HQ-OAR-2011-0393. Please include two 

copies. Such deliveries are only accepted during the 

Docket’s normal hours of operation, and special 

arrangements should be made for deliveries of boxed 

information.

Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR2011-0393. EPA's policy is that all comments received will be 

included in the public docket without change and may be made 

available online at www.regulations.gov, including any personal 
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information provided, unless the comment includes information 

claimed to be Confidential Business Information (CBI) or other 

information whose disclosure is restricted by statute. Do not 

submit information that you consider to be CBI or otherwise 

protected through www.regulations.gov or e-mail. The 

www.regulations.gov website is an “anonymous access” system, 

which means EPA will not know your identity or contact 

information unless you provide it in the body of your comment. 

If you send an e-mail comment directly to EPA without going 

through www.regulations.gov your e-mail address will be 

automatically captured and included as part of the comment that 

is placed in the public docket and made available on the 

Internet. If you submit an electronic comment, EPA recommends 

that you include your name and other contact information in the 

body of your comment and with any disk or CD-ROM you submit. If 

EPA cannot read your comment due to technical difficulties and 

cannot contact you for clarification, EPA may not be able to 

consider your comment. Electronic files should avoid the use of 

special characters, any form of encryption, and be free of any 

defects or viruses. For additional information about EPA’s 

public docket visit the EPA Docket Center homepage at 

http://www.epa.gov/epahome/dockets.htm. For additional 

instructions on submitting comments, go to Section I. of the 

SUPPLEMENTARY INFORMATION section of this document.
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Docket: All documents in the docket are listed in the 

www.regulations.gov index. Although listed in the index, some 

information is not publicly available, e.g., CBI or other 

information whose disclosure is restricted by statute. Certain 

other material, such as copyrighted material, will be publicly 

available only in hard copy. Publicly available docket 

materials are available either electronically in 

www.regulations.gov or in hard copy at the Air and Radiation 

Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW, 

Washington, DC. The Public Reading Room is open from 8:30 a.m. 

to 4:30 p.m., Monday through Friday, excluding legal holidays. 

The telephone number for the Public Reading Room is (202) 566-

1744 and the telephone number for the Air and Radiation Docket 

is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Meg Patulski, State Measures 

and Conformity Group, Transportation and Regional Programs 

Division, Environmental Protection Agency, 2000 Traverwood 

Drive, Ann Arbor, MI 48105; telephone number: (734) 214-4842; 

fax number: (734) 214-4052; email address: 

patulski.meg@epa.gov; or Astrid Larsen, State Measures and 

Conformity Group, Transportation and Regional Programs Division, 

Environmental Protection Agency, 2000 Traverwood Drive, Ann 

Arbor, MI 48105; telephone number: (734) 214-4812; fax number: 

(734) 214-4052; email address: larsen.astrid@epa.gov.
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SUPPLEMENTARY INFORMATION: The content of this preamble are 

listed in the following outline:

I. General Information

II. Background 

III. Extension of MOVES2010a Regional Conformity Grace Period

IV. Conformity SIPs

V. Statutory and Executive Order Reviews

Availability of MOVES2010a and Support Materials

Copies of the official version of the MOVES2010a motor 

vehicle emissions model, along with user guides and supporting 

documentation, are available on EPA’s MOVES website: 

www.epa.gov/otaq/models/moves/index.htm.

Guidance on how to apply MOVES2010a for SIPs and transportation 

conformity purposes, including “Policy Guidance on the Use of 

MOVES2010 for State Implementation Plan Development, 

Transportation Conformity, and Other Purposes” (EPA-420-B-09-

046, December 2009) and “Technical Guidance on the Use of 

MOVES2010 for Emission Inventory Preparation in State 

Implementation Plans and Transportation Conformity” (EPA-420-B10-023, April 2010) can be found on the EPA’s transportation 

conformity website at: 

www.epa.gov/otaq/stateresources/transconf/policy.htm. 

I. General Information

A. Does This Action Apply to Me?
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Entities potentially regulated by the transportation 

conformity rule are those that adopt, approve, or fund 

transportation plans, programs, or projects under title 23 

U.S.C. or title 49 U.S.C. Chapter 53. Regulated categories and 

entities affected by today’s action include:

Category Examples of regulated entities

Local government Local transportation and air 

quality agencies, including 

metropolitan planning 

organizations (MPOs).

State government State transportation and air 

quality 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 this proposal. This table lists the types of 

entities of which EPA is aware that potentially could be 

regulated by the transportation conformity rule. Other types of 

entities not listed in the table could also be regulated. To 

determine whether your organization is regulated by this action, 

you should carefully examine the 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
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section.

B. What Should I Consider as I Prepare My Comments for EPA?

1. Submitting CBI 

Do not submit this information to EPA through 

www.regulations.gov or e-mail. 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 submitting comments, remember to:

• Identify the rulemaking by docket number and other 

identifying information (subject heading, Federal Register

date and page number).

• Follow directions - The Agency may ask you to respond to 

specific questions or organize comments by referencing a 

Code of Federal Regulations (CFR) part or section number.
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• Explain why you agree or disagree, suggest alternatives and 

substitute language for your requested changes.

• Describe any assumptions and provide any technical 

information and/or data that you used.

• If you estimate potential costs or burdens, explain how you 

arrived at your estimate in sufficient detail to allow for 

it to be reproduced.

• Provide specific examples to illustrate your concerns, and 

suggest alternatives.

• Explain your views as clearly as possible, avoiding the use 

of profanity or personal threats.

• Make sure to submit your comments by the comment period 

deadline identified.

3. Docket Copying Costs 

You may be required to pay a reasonable fee for copying 

docket materials. 

C. How Do I Get Copies of This Proposed Rule and Other 

Documents?

1. Docket

EPA has established an official public docket for this 

action under Docket ID No. EPA-HQ-OAR-2011-0393. You can get a 

paper copy of this Federal Register document, as well as the 

documents specifically referenced in this action, any public 

comments received, and other information related to this action 
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at the official public docket. See the ADDRESSES section for 

its location. 

2. Electronic Access 

You may access this Federal Register document 

electronically through EPA’s Transportation Conformity website 

at www.epa.gov/otaq/stateresources/transconf/index.htm. You may 

also access this document electronically under the Federal 

Register listings at www.epa.gov/fedrgstr/. 

An electronic version of the official public docket is 

available through www.regulations.gov. You may use 

www.regulations.gov to submit or view public comments, access 

the index listing of the contents of the official public docket, 

and to access those documents in the public docket that are 

available electronically. Once in the system, select “search,” 

then key in the appropriate docket identification number. 

Certain types of information will not be placed in the 

electronic public docket. Information claimed as CBI and other 

information for which disclosure is restricted by statute is not 

available for public viewing in the electronic public docket. 

EPA’s policy is that copyrighted material will not be placed in 

the electronic public docket but will be available only in 

printed, paper form in the official public docket. 

To the extent feasible, publicly available docket materials 

will be made available in the electronic public docket. When a 
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document is selected from the index list in EPA Dockets, the 

system will identify whether the document is available for 

viewing in the electronic public docket. Although not all 

docket materials may be available electronically, you may still 

access any of the publicly available docket materials through 

the docket facility identified in the ADDRESSES section. EPA 

intends to provide electronic access in the future to all of the 

publicly available docket materials through the electronic 

public docket.

Public comments submitted on computer disks that are mailed 

or delivered to the docket will be transferred to the electronic 

public docket. Public comments that are mailed or delivered to 

the docket will be scanned and placed in the electronic public 

docket. Where practical, physical objects will be photographed, 

and the photograph will be placed in the electronic public 

docket along with a brief description written by the docket 

staff.

For additional information about the electronic public 

docket, visit the EPA Docket Center homepage at 

www.epa.gov/epahome/dockets.htm.

II. Background 

A. What Is Transportation Conformity?

Transportation conformity is required under Clean Air Act 

(CAA) section 176(c) (42 U.S.C. 7506(c)) to ensure that 
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transportation plans, transportation improvement programs 

(TIPs), and federally supported highway and transit projects are 

consistent with the purpose of the SIP. Conformity to the 

purpose of the SIP means that transportation activities will not 

cause or contribute to new air quality violations, worsen 

existing violations, or delay timely attainment of the relevant 

national ambient air quality standard (NAAQS) or required 

interim milestones. 

Transportation conformity (hereafter, “conformity”) applies 

to areas that are designated nonattainment, and those areas 

redesignated to attainment after 1990 (“maintenance areas”) for 

transportation-related criteria pollutants: ozone, particulate 

matter (PM2.5 and PM10)

1, carbon monoxide (CO), and nitrogen 

dioxide (NO2). EPA’s conformity rule (40 CFR Parts 51 and 93) 

establishes the criteria and procedures for determining whether 

transportation activities conform to the SIP. EPA first 

promulgated the conformity rule on November 24, 1993 (58 FR 

62188) and subsequently published several other amendments. The 

Department of Transportation (DOT) is EPA’s federal partner in 

implementing the conformity regulation. EPA has coordinated 

with DOT, and they concur with this proposal.

 

1 40 CFR 93.102(b)(1) defines PM2.5 and PM10 as particles with an aerodynamic 

diameter less than or equal to a nominal 2.5 and 10 micrometers, 

respectively.
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B. What Is MOVES2010a, and How Has It Been Implemented to 

Date? 

The MOtor Vehicle Emission Simulator model (MOVES) is EPA’s 

state-of-the-art model for estimating emissions from highway

vehicles, based on analyses of millions of emission test results 

and considerable advances in the Agency’s understanding of 

vehicle emissions. MOVES is currently EPA’s official emissions 

model for state and local agencies to estimate volatile organic 

compounds (VOCs), nitrogen oxides (NOx), PM, CO, and other 

precursors from cars, trucks, buses, and motorcycles for SIP 

purposes and conformity determinations outside of California. 

MOVES’ database-centered design allows EPA to update emissions 

data more frequently and allows users much greater flexibility 

in organizing input and output data. 

MOVES2010a is the latest official version of MOVES that EPA 

has approved for SIP and conformity purposes. EPA originally 

announced the release of MOVES2010 in the Federal Register on 

March 2, 2010 (75 FR 9411) and subsequently released MOVES2010a 

on September 8, 2010. MOVES2010a includes minor revisions that 

enhance model performance and did not significantly affect 

criteria pollutant emissions results. Since these are minor 

revisions to MOVES2010, MOVES2010a is not considered a “new 

model” under section 93.111 of the conformity rule, as described 

further below. 
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MOVES2010a is a significant improvement over the previous 

emissions model, MOBILE6.2,

2 in terms of quality of results and 

overall functionality. It incorporates the latest emissions

data, more sophisticated calculation algorithms, increased user 

flexibility, new software design, and significant new 

capabilities. While these changes improve the quality of onroad mobile source inventories, the overall degree of change in 

the model’s function also adds to the start-up time required for 

the transition from MOBILE6.2 to MOVES2010a.

EPA developed MOVES as a completely new model. Whereas 

MOBILE6.2 was written in FORTRAN and used simple text files for 

data input and output, MOVES2010a is written in JAVA and uses a 

relational database structure in MYSQL to handle input and 

output as data tables. These changes make MOVES more flexible, 

and the analysis of new data incorporated within MOVES will 

enhance state and local agency understanding of how on-road 

mobile sources contribute to emissions inventories and the 

relative effectiveness of various control strategies. However, 

this new model framework has created a significant learning 

curve for state and local agency staff that are required to use 

MOVES.3 

In addition to the challenges of learning new software, 

 

2 EPA announced the release of MOBILE6.2 in 2004 (69 FR 28830).

3

 Some states also purchased computers with additional capacity and features 

for running MOVES.
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state and local agencies also have to make substantial changes 

in the processes they have developed to create model input and 

apply model output. While there were incremental changes 

between each previous version of the MOBILE model, the basic 

input and output structure of that model was essentially 

unchanged since the early 1980s. Over time, state and local 

agencies developed their own methods for incorporating local 

inputs in MOBILE format and for post-processing MOBILE results 

for inventory development and air quality modeling. To help 

state and local agencies with this part of the current 

transition, EPA created a number of tools that take input data 

formatted for MOBILE6.2 and convert that data for use in 

MOVES2010a.

EPA anticipated many of these challenges when it released 

MOVES. In order to assist in this model transition, EPA and DOT 

have already provided hands-on MOVES training in many states.

4 

Additional MOVES training for regional inventories has been 

requested, and will continue to be offered for the foreseeable 

future. EPA continues to provide other technical assistance to 

state and local agencies via on-going conference calls with user 

groups, e-mail and phone support, a frequently asked questions 

web page, and web-based presentations. All of these efforts are 

 

4 To date, EPA and DOT staff have provided a 2-day hands-on MOVES course for 

regional emissions inventories (including regional conformity analyses) at 

over 30 locations around the country.
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helping state and local agencies make the transition to 

MOVES2010a, and many agencies are making significant progress in 

applying the model for official purposes. However, other state 

and local agencies are still developing the technical capacity 

to use MOVES2010a, and need more time to transition for future 

conformity determinations. 

C. Why Is EPA Conducting This Rulemaking?

If finalized, today’s action would provide additional time 

that may be critical for nonattainment and maintenance areas to 

learn and apply MOVES2010a for regional conformity analyses.

5

EPA has been contacted by several state and local transportation 

and air quality agencies and associations that are concerned

that there has not been sufficient transition time for using 

MOVES2010a in regional conformity analyses. These concerns 

revolve around the time needed to build technical capacity for 

using MOVES2010a as well as completing necessary SIP and/or 

transportation plan/TIP changes to assure conformity in the 

future. Further details on today’s action are provided below. 

Today’s proposal would not affect EPA’s previous approval 

of MOVES2010a for official SIP submissions developed outside of 

California.6 Today’s rulemaking would also not affect the 

 

5

MPOs conduct regional conformity analyses to demonstrate that transportation 

plans and TIPs are consistent with the air quality purposes of the SIP. 

Regional conformity analyses are also conducted in “isolated rural 

nonattainment and maintenance areas” (defined by 40 CFR 93.101). 

6 MOVES is not approved for use in California. EPA approved and announced the 
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existing grace period before MOVES2010a is required for PM2.5, 

PM10, and CO hot-spot analyses for project-level conformity 

determinations (75 FR 79370). EPA coordinated closely with DOT 

in developing today’s action, and DOT concurs on this proposed

rule. 

III. Extension of MOVES2010a Regional Conformity Grace Period

A. Background

CAA section 176(c)(1) 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....” To meet this requirement, section 93.111 of the 

conformity rule requires that conformity determinations be based 

on the latest motor vehicle emissions model approved by EPA. 

When EPA approves a new emissions model, EPA consults with DOT 

to establish a grace period before the model is required for 

conformity analyses (40 CFR 93.111(b)). EPA must consider many 

factors when establishing a grace period for conformity 

determinations (40 CFR 93.111(b)(2)):

“The length of the grace period will depend on the degree 

of change in the model and the scope of re-planning likely 

to be necessary for MPOs in order to assure conformity.” 

 

latest version of California’s EMFAC model (EMFAC2007) for SIP development 

and regional conformity analyses in that state on January 18, 2008 (73 FR 

3464). 
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The conformity rule provides for a grace period for new 

emissions models of between three and 24 months (40 CFR 

93.111(b)(1)). 

In the preamble to the original 1993 conformity rule, EPA 

articulated its intentions for establishing the length of 

conformity grace period for a new emissions model (58 FR 62211):

“EPA and DOT 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. EPA encourages all agencies to inform EPA 

of the impacts of new emissions models in their 

area, and EPA may pause to seek such input before 

determining the length of the grace period.”

Section 93.111 conformity requirements have not changed since 

1993, and have been implemented successfully for many previous 

model transitions. 

On March 2, 2010, EPA announced the official release of 

MOVES2010 and established a two-year grace period before this 

model was required for new regional conformity analyses (75 FR 

9411). Although the original grace period was established for 
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MOVES2010, EPA clarified in September 2010 that the same grace 

period for regional conformity analyses also applies to 

MOVES2010a.7 EPA based its decision to establish a two-year 

conformity grace period on the factors under section 

93.111(b)(2), and advised areas to use the interagency 

consultation process to examine the impact of using MOVES in 

their future regional conformity analyses. 

Without further EPA action, MOVES2010a would be required 

for regional conformity analyses that begin after March 2, 2012. 

As discussed further in today’s action, the special 

circumstances of the transition from MOBILE to MOVES2010a 

require a reevaluation of the length of this conformity grace 

period. 

B. Description of Proposed Rule

In today’s action, EPA is proposing to provide an 

additional year before MOVES2010a is required for regional 

conformity analyses. If finalized, MOVES2010a would be required 

for new regional conformity analyses that begin after March 2, 

2013. State and local agencies outside California would use 

MOVES2010a for regional conformity analyses earlier than March 

2, 2013, if desired, and would be required to do so under 

limited circumstances such as after MOVES2010a SIP motor vehicle 

 

7 See “EPA Releases MOVES2010a Mobile Source Emissions Model Update: Questions 

and Answers” (EPA-420-F-10-050, August 2010) at: 

www.epa.gov/otaq/models/moves/MOVES2010a/420f10050.pdf.
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emissions budgets have been found adequate or approved for 

conformity purposes. 

EPA is proposing to add a new paragraph (b)(3) to section 

93.111 of the conformity rule, and this provision would apply to 

MOVES2010a and any future minor revisions to this model that EPA 

releases before March 2, 2013. Such minor revisions would not 

start a new grace period for regional conformity analyses and 

could include performance enhancements that reduce MOVES run 

time or model improvements to reduce errors in operating the 

model. Any major model updates, such as an update that 

significantly changes MOVES results for criteria pollutant

emissions, would be evaluated separately as a “new model” under 

conformity rule section 93.111.

Before the end of the extended conformity grace period

(March 2, 2013), areas would use the interagency consultation 

process to examine how MOVES2010a would impact their future MPO 

transportation plan/TIP conformity determinations. Isolated 

rural areas would also consider the impact of using MOVES2010a 

on future regional conformity analyses. If finalized, agencies

should carefully consider whether the SIP and its motor vehicle 

emissions budgets should be revised with MOVES2010a 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. 
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The proposal would allow regional conformity analyses that 

are started during the grace period to be based on either 

MOBILE6.2 or MOVES2010a. If the grace period ended on March 2, 

2013, MOVES2010a would become the only approved motor vehicle 

emissions model for regional conformity analyses outside 

California at that time. This would mean that all new regional 

conformity analyses started after the end of the grace period 

must be based on MOVES2010a, even if the SIP is based on 

MOBILE6.2 or earlier versions of MOBILE. 

For complete explanations of how MOVES2010a is to be 

implemented for transportation conformity, including details 

about using MOVES2010a during the grace period, refer to EPA’s 

existing MOVES policy guidance.8 

C. Rationale

MOVES2010a is EPA’s best tool for estimating criteria 

pollutant emissions, and it is a significant improvement over 

previous MOBILE models. State and local agencies have made 

significant progress to date in using MOVES2010a, and EPA 

supports these efforts and encourages that they continue. 

However, as discussed above, challenges related to start-up and 

model application have been much greater in the transition to 

MOVES2010a, compared to past transitions between MOBILE model 

 

8 “Policy Guidance on the Use of MOVES2010 for State Implementation Plan 

Development, Transportation Conformity, and Other Purposes” (EPA-420-B-09-

046, December 2009) can be found on the EPA’s transportation conformity 

website at: www.epa.gov/otaq/stateresources/transconf/policy.htm.
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versions. As a result, EPA has determined that a one-year 

extension of the MOVES2010a grace period is necessary for state 

and local agencies to complete the current transition. Today’s 

action would ensure that state and local governments have the 

necessary time to implement the conformity rule as originally 

intended. 

Since 1993, the fundamental purpose of section 93.111(b) of 

the conformity rule has been to provide a sufficient amount of 

time for MPOs and other state and local agencies to adapt to 

using new emissions tools. As discussed above, 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 

conformity analysis results and whether SIP and/or 

transportation plan/TIP changes are necessary to assure future 

conformity determinations. EPA believes that the proposed onetime extension of the current MOVES2010a regional grace period 

is critical to assure future conformity determinations based on 

MOVES2010a. 

EPA has the discretion to establish an extended grace 

period for MOVES2010a, and today’s action is consistent with CAA 

section 176(c)(1) requirements. EPA believes that the proposal 

to provide one additional year is appropriate due to technical 
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challenges in the transition from MOBILE6.2 to MOVES2010a. This 

decision is consistent with the existing conformity criteria in 

section 93.111(b)(2) of the conformity rule that requires the 

length of the grace period to be based on “the degree of change 

in the model and the scope of re-planning likely to be necessary 

by MPOs in order to assure conformity.” 

Today’s proposal would not delay the use of MOVES2010a in 

SIP development or slow down past progress toward using the new 

model for regional conformity analyses. As noted above, many 

state and local agencies are already learning and applying 

MOVES2010a. Some are revising existing SIP budgets using the 

new model, while others may be incorporating MOVES2010a into new 

maintenance plans or clean data determinations. Under EPA’s 

existing MOVES policy guidance, new or revised SIP budgets must 

still be based on MOVES2010a. For example, MOVES2010a continues 

to be required for attainment SIPs for the 2006 24-hour PM2.5 

NAAQS. Under the proposal, MOVES2010a would also be required 

for any regional conformity analyses prior to March 2, 2013 if 

SIP budgets based on MOVES2010 or MOVES2010a are approved or 

found adequate sooner.

9 

In addition, today’s action would not change the current 

MOVES2010a grace period for new PM2.5, PM10, and CO hot-spot 

 

9 See Questions 5, 6, and 11 of “Policy Guidance on the Use of MOVES2010 for 

State Implementation Plan Development, Transportation Conformity, and Other 

Purposes” (EPA-420-B-09-046, December 2009).
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analyses for project-level conformity determinations. EPA noted 

previously that a two-year conformity grace period was necessary 

to apply MOVES2010a for hot-spot analyses (75 FR 79370). 

However, the transition to MOVES2010a for project-level hot-spot 

analyses does not involve the complexity associated with the 

regional level, where SIP budgets and/or transportation 

plans/TIPs may need to be revised before regional conformity 

analyses based on MOVES2010a can be completed. 

Finally, EPA is not proposing to reopen as a general matter 

the process and length of conformity grace periods for future 

emissions model approvals. The unique set of circumstances 

involved in the current transition warrants the proposed

additional state and local flexibility before MOVES2010a is 

required for regional conformity analyses.

IV. Conformity SIPs

The proposed MOVES2010a regional grace period extension 

would apply on the effective date of a final rule in all 

nonattainment and maintenance areas. Section 51.390(a) of the 

conformity rule states that the federal rule applies for the 

portion of the requirements that are not included in a state’s 

approved conformity SIP.10 Section 51.390(b) further allows 

state conformity provisions to contain criteria and procedures 

 

10 A conformity SIP is required by the CAA and contains a state’s conformity 

requirements, including the state’s specific interagency consultation 

procedures. 
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that are more stringent than the federal requirements. However, 

in the case of states with conformity SIPs that include the 

grace period provision in 40 CFR 93.111(b)(1), EPA concludes 

that such states did not intend to require a shorter grace 

period than EPA, in consultation with DOT, believes is needed. 

Therefore, since the MOVES2010a grace period extension would be 

a new provision being added to the conformity rule, it is not 

included in any current state conformity SIP and therefore would 

apply immediately, if finalized, in all areas pursuant to 

section 51.390(a). 

In addition, section 51.390(c) of the conformity rule 

requires states to submit a new or revised conformity SIP to EPA 

within 12 months of the Federal Register publication date of 

final conformity rules in certain situations. States with 

approved conformity SIPs that are prepared in accordance with 

current CAA requirements would not be required to submit new 

conformity SIP revisions under a final rule, since section 

93.111 of the conformity rule is not contained in these SIPs. A 

conformity SIP prepared in accordance with current CAA 

requirements contains only the state’s criteria and procedures 

for interagency consultation (40 CFR 93.105) and two additional 

provisions related to written commitments for certain control 

and mitigation measures (40 CFR 93.122(a)(4)(ii) and 93.125(c)). 

However, states with approved conformity SIPs that include 
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section 93.111 from a previous rulemaking would be required to 

submit a SIP revision within 12 months of the publication date 

of any final rule, although EPA strongly encourages these states 

to submit a SIP revision with only the three required 

provisions.11 A state without an approved conformity SIP would 

not be required to submit a new conformity SIP within one year 

of a final rule, but previous conformity SIP deadlines continue 

to apply. 

For additional information on conformity SIPs, please refer 

to the January 2009 guidance entitled, “Guidance for Developing 

Transportation Conformity State Implementation Plans” available 

on EPA’s website at: 

www.epa.gov/otaq/stateresources/transconf/policy/420b09001.pdf. 

V. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory Planning and Review

Under Executive Order 12866 (58 FR 51735, October 4, 1993), 

this action is a "significant regulatory action.” 

Accordingly, EPA submitted this action to the Office of 

Management and Budget (OMB) for review under Executive Orders 

12866 and 13563 (76 FR 3821, January 21, 2011) and any changes 

made in response to OMB recommendations have been documented in 

the docket for this action.

 

11 The conformity SIP may contain provisions more stringent than the federal 

requirements, and in these cases, states would specify this intention in its 

original conformity SIP submission. 
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B. Paperwork Reduction Act

This action would not impose any new information collection 

burden. The information collection requirements of EPA’s 

existing transportation conformity regulations and the proposed 

revisions in today’s action are already covered by EPA 

information collection request (ICR) entitled, “Transportation 

Conformity Determinations for Federally Funded and Approved 

Transportation Plans, Programs and Projects.” OMB has 

previously approved the information collection requirements 

contained in the existing regulations at 40 CFR Part 93 under 

the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et 

seq. and has assigned OMB control number 2060-0561. The OMB 

control numbers for EPA's regulations in 40 CFR are listed in 40 

CFR Part 9. 

C. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA) generally requires an 

Agency to prepare a regulatory flexibility analysis of rules 

subject to notice-and-comment rulemaking requirements under the 

Administrative Procedure Act or any other statute unless the 

Agency certifies that the rule will not have a significant 

economic impact on a substantial number of small entities. 

Small entities include small businesses, small not-for-profit 

organizations and small government jurisdictions. 
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For purposes of assessing the impacts of today’s proposal

on small entities, small entity is defined as: (1) a small 

business as defined by the Small Business Administration’s (SBA) 

regulations at 13 CFR 121.201; (2) a small governmental

jurisdiction that is a government of a city, county, town, 

school district or special district with a population of less 

than 50,000; and (3) a small organization that is any not-forprofit enterprise that is independently owned and operated and 

is not dominant in its field. After considering the economic 

impacts of today’s proposed rule on small entities, I certify 

that this action would not have a significant economic impact on 

a substantial number of small entities. This proposal would 

directly affect federal agencies and MPOs that, by definition, 

are designated under federal transportation laws only for 

metropolitan areas with a population of at least 50,000. These 

organizations do not constitute small entities within the 

meaning of the RFA. Therefore, this proposal would not impose 

any requirements on small entities.

D. Unfunded Mandates Reform Act (UMRA)

This proposal does not contain a Federal mandate that may 

result in expenditures of $100 million or more for state, local, 

and tribal governments, in the aggregate, or the private sector 

in any one year. This rule would merely implement already 

established law that imposes conformity requirements and would 
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not itself impose requirements that may result in expenditures 

of $100 million or more in any year. Thus, today’s proposal is 

not subject to the requirements of sections 202 and 205 of the 

UMRA.

This proposal is also not subject to the requirements of 

section 203 of UMRA because it contains no regulatory 

requirements that might significantly or uniquely affect small 

governments. This proposal would not significantly or uniquely 

impact small governments because it directly affects federal 

agencies and MPOs that, by definition, are designated under 

federal transportation laws only for metropolitan areas with a 

population of at least 50,000. 

E. Executive Order 13132: Federalism

This proposal does not have federalism implications. It 

would not have substantial direct effects on states, on the 

relationship between the national government and states, or on 

the distribution of power and responsibilities among the various 

levels of government, as specified in Executive Order 13132. 

The CAA requires conformity to apply in certain nonattainment 

and maintenance areas as a matter of law, and today’s action 

would merely revise one provision for transportation planning 

entities in subject areas to follow in meeting their existing 

statutory obligations. Thus, EO 13132 does not apply to this 

proposal.
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F. Executive Order 13175: Consultation and Coordination with 

Indian Tribal Governments

This action does not have tribal implications, as specified 

in Executive Order 13175 (65 FR 67249, November 9, 2000). The 

CAA requires transportation conformity to apply in any area that 

is designated nonattainment or maintenance by EPA. Because 

today’s proposal would not significantly or uniquely affect the 

communities of Indian tribal governments, EO 13175 does not 

apply to this action. 

G. Executive Order 13045: Protection of Children from 

Environmental Health and Safety Risks 

This proposal is not subject to Executive Order 13045 (62 

FR 19885, April 23, 1997) because the Agency does not believe 

the environmental health or safety risks addressed by this 

action present a disproportionate risk to children. 

H. Executive Order 13211: Actions Concerning Regulations That 

Significantly Affect Energy Supply, Distribution, or Use

This proposal is not a “significant energy action” as 

defined in Executive Order 13211 (66 FR 18355 (May 22, 2001)), 

because it is not likely to have a significant adverse effect on 

the supply, distribution, or use of energy. It would not create 

a serious inconsistency or otherwise interfere with an action 

taken or planned by another agency regarding energy. This 

action is not subject to EO 13211 because it does not have any 
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adverse energy effects. 

I. National Technology Transfer and Advancement Act

Section 12(d) of the National Technology Transfer and 

Advancement Act of 1995 (NTTAA), Public Law No. 104-113, section 

12(d) (15 U.S.C. 272 note) directs EPA to use voluntary 

consensus standards in its regulatory activities unless to do so 

would be inconsistent with applicable law or otherwise 

impractical. Voluntary consensus standards are technical 

standards (e.g., material specifications, test methods, sampling 

procedures, and business practices) that are developed or 

adopted by voluntary consensus standards bodies. The NTTAA 

directs EPA to provide Congress, through OMB, explanations when 

the Agency decides not to use available and applicable voluntary 

consensus standards. This proposal does not involve technical 

standards. Therefore, EPA is not considering the use of any 

voluntary consensus standards.

J. Executive Order 12898: Federal Actions to Address 

Environmental Justice in Minority Populations and LowIncome Populations

Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) 

establishes federal executive policy on environmental justice. 

Its main provision directs federal agencies, to the greatest 

extent practicable and permitted by law, to make environmental 

justice part of their mission by identifying and addressing, as 
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appropriate, disproportionately high and adverse human health or 

environmental effects of their programs, policies, and 

activities on minority populations and low-income populations in 

the United States. 

EPA has determined that this action would not have 

disproportionately high and adverse human health or 

environmental effects on minority or low-income populations. 

The proposed rule involves a minor revision that provides 

administrative relief but does not change the conformity rule’s 

underlying requirements for regional conformity analyses. 

List of Subjects in 40 CFR Part 93

Administrative practice and procedure, Air pollution control, 

Carbon monoxide, Clean Air Act, Environmental protection, 

Highways and roads, Intergovernmental relations, Mass 

transportation, Nitrogen dioxide, Ozone, Particulate matter, 

Transportation, Volatile organic compounds. 

DATED: _________________________________

_____________________________________________

Lisa P. Jackson, 

Administrator