Federal Register / Vol. 87, No. 106 / Thursday, June 2, 2022 / Rules and Regulations 33435 

change such that the omission or 

misstatement of which could change or 

influence the assessment or decision of 

a user relying on that information for 

the purpose of making investment 

decisions. If an Enterprise believes that 

disclosure of specific commercial or 

financial information would prejudice 

seriously its position by making public 

certain information that is either 

proprietary or confidential in nature, the 

Enterprise is not required to disclose 

these specific items but must disclose 

more general information about the 

subject matter of the requirement, 

together with the fact that, and the 

reason why, the specific items of 

information have not been disclosed. 

(b) Location. The Enterprise’s 

management may provide all of the 

disclosures required by this section in 

one place on the Enterprise’s public 

website or may provide the disclosures 

in more than one public financial report 

or other regulatory reports, provided 

that the Enterprise publicly provides a 

summary table specifically indicating 

the location(s) of all such disclosures. 

(c) Disclosure policy. The Enterprise 

must have a formal disclosure policy 

approved by the board of directors that 

addresses the Enterprise’s approach for 

determining its market risk disclosures. 

The policy must address the associated 

internal controls and disclosure controls 

and procedures. The board of directors 

and senior management must ensure 

that appropriate verification of the 

disclosures takes place and that 

effective internal controls and 

disclosure controls and procedures are 

maintained. The Chief Risk Officer and 

the Chief Financial Officer of the 

Enterprise must attest that the 

disclosures meet the requirements of 

this subpart, and the board of directors 

and senior management are responsible 

for establishing and maintaining an 

effective internal control structure over 

the disclosures required by this section. 

(d) Quantitative disclosures. (1) For 

each material portfolio of covered 

positions, the Enterprise must provide 

timely public disclosures of the 

following information at least quarterly: 

(i) Exposure amounts for each product 

type included in covered positions as 

described in § 1240.202; and 

(ii) Risk-weighted assets for each 

product type included in covered 

positions as described in § 1240.202. 

(2) In addition, the Enterprise must 

disclose publicly the aggregate amount 

of on-balance sheet and off-balance 

sheet securitization positions by 

exposure type at least quarterly. 

(e) Qualitative disclosures. For each 

material portfolio of covered positions 

as identified using the definitions in 

§ 1240.202, the Enterprise must provide 

timely public disclosures of the 

following information at least annually 

after the end of the fourth calendar 

quarter, or more frequently in the event 

of material changes for each portfolio: 

(1) The composition of material 

portfolios of covered positions; 

(2) The Enterprise’s valuation 

policies, procedures, and methodologies 

for covered positions including, for 

securitization positions, the methods 

and key assumptions used for valuing 

such positions, any significant changes 

since the last reporting period, and the 

impact of such change; 

(3) The characteristics of the internal 

models used for purposes of this 

subpart; 

(4) A description of the approaches 

used for validating and evaluating the 

accuracy of internal models and 

modeling processes for purposes of this 

subpart; 

(5) For each market risk category (that 

is, interest rate risk, credit spread risk, 

equity price risk, foreign exchange risk, 

and commodity price risk), a 

description of the stress tests applied to 

the positions subject to the factor; 

(6) The results of the comparison of 

the Enterprise’s internal estimates for 

purposes of this subpart with actual 

outcomes during a sample period not 

used in model development; and 

(7) A description of the Enterprise’s 

processes for monitoring changes in the 

market risk of securitization positions, 

including how those processes differ for 

resecuritization positions. 

Sandra L. Thompson, 

Acting Director, Federal Housing Finance 

Agency. 

[FR Doc. 2022–11582 Filed 6–1–22; 8:45 am] 

BILLING CODE 8070–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2021–0844; Project 

Identifier AD–2021–00689–T; Amendment 

39–22028; AD 2022–09–08] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

The Boeing Company Model 787–8, 

787–9, and 787–10 airplanes. This AD 

was prompted by reports of a missing 

shim at a joint common to the main 

torque box (MTB) skin panel and rear 

spar root fitting. This AD requires 

inspecting the MTB skin panel and rear 

spar root fitting for cracking and 

delamination, and applicable oncondition actions. The FAA is issuing 

this AD to address the unsafe condition 

on these products. 

DATES: This AD is effective July 7, 2022. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of July 7, 2022. 

ADDRESSES: For service information 

identified in this final rule, contact 

Boeing Commercial Airplanes, 

Attention: Contractual & Data Services 

(C&DS), 2600 Westminster Blvd., MC 

110–SK57, Seal Beach, CA 90740–5600; 

telephone 562–797–1717; internet 

https://www.myboeingfleet.com. You 

may view this referenced service 

information at the FAA, Airworthiness 

Products Section, Operational Safety 

Branch, 2200 South 216th St., Des 

Moines, WA. For information on the 

availability of this material at the FAA, 

call 206–231–3195. It is also available at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2021–0844. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2021–0844; or in person at Docket 

Operations between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. The AD docket contains this 

final rule, any comments received, and 

other information. The address for 

Docket Operations is U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

FOR FURTHER INFORMATION CONTACT: 

Joseph Hodgin, Aerospace Engineer, 

Airframe Section, FAA, Seattle ACO 

Branch, 2200 South 216th St., Des 

Moines, WA 98198; phone and fax: 206– 

231–3962; email: joseph.j.hodgin@

faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The FAA issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 by adding an AD that would 

apply to certain The Boeing Company 

Model 787–8, 787–9, and 787–10 

airplanes. The NPRM published in the 

Federal Register on October 28, 2021 

(86 FR 59665). The NPRM was 


jspears on DSK121TN23PROD with RULES1
33436 Federal Register / Vol. 87, No. 106 / Thursday, June 2, 2022 / Rules and Regulations 

prompted by reports of a missing shim 

at a joint common to the MTB skin 

panel and rear spar root fitting. In the 

NPRM, the FAA proposed to require 

inspecting the MTB skin panel and rear 

spar root fitting for cracking and 

delamination, and applicable oncondition actions. The FAA is issuing 

this AD to address the omission of a 

shim between the MTB skin panel and 

rear spar flange at the attachment to the 

root fitting. This condition, if not 

addressed, could result in a reduction in 

fatigue performance of the MTB skin 

panel and rear spar root fittings, which 

could affect the structural integrity of 

the airplane. 

Discussion of Final Airworthiness 

Directive 

Comments 

The FAA received comments from Air 

Line Pilots Association, International 

(ALPA), Boeing, an individual, and 

United Airlines, who supported the 

NPRM without change. 

The FAA received additional 

comments from Avianca Airlines. The 

following presents the comments 

received on the NPRM and the FAA’s 

response to each comment. 

Request To Substitute Approval Form 

for Alternative Method of Compliance 

(AMOC) Letter 

Avianca Airlines (AVA) proposed that 

paragraph (h) of the proposed AD be 

revised to require an 8100–9 approval 

form, rather than an AMOC, for a repair 

after contacting Boeing. AVA stated that 

the time delay required to obtain an 

AMOC letter affects the operational 

return to service of the affected aircraft 

and that an 8100–9 form is already an 

approved document that certifies 

compliance with airworthiness 

standards. 

The FAA does not agree with this 

request. An FAA Form 8100–9, which is 

both a repair data approval and AMOC 

approval, may be issued by the Boeing 

Company Organization Designation 

Authorization (ODA), provided it has 

been authorized by the Manager, Seattle 

ACO Branch, FAA, as required by 

paragraph (i)(3) of this AD. If the ODA 

does not have authorization from the 

Manager, Seattle ACO Branch, FAA, 

then a separate AMOC approval is 

required. This AD has not been changed 

with regard to this request. 

Request To Allow Later Approved 

Revisions of the Service Bulletin 

AVA requested that the proposed AD 

be revised to allow later approved 

revisions of Boeing Alert Requirements 

Bulletin B787–81205–SB550011–00 RB, 

Issue 001, dated May 18, 2021, to be 

used for compliance with the proposed 

AD. 

The FAA does not agree with the 

request to allow later approved 

revisions. The FAA may not refer to any 

document that does not yet exist in an 

AD. In general terms, the FAA is 

required by Office of the Federal 

Register (OFR) regulations for approval 

of materials incorporated by reference, 

as specified in 1 CFR 51.1(f), to either 

publish the service document contents 

as part of the actual AD language; or 

submit the service document to the OFR 

for approval as referenced material, in 

which case the FAA may only refer to 

such material in the text of an AD. The 

AD may refer to the service document 

only if the OFR approved it for 

incorporation by reference. See 1 CFR 

part 51. 

To allow operators to use later 

revisions of the referenced document 

(issued after publication of the AD), 

either the FAA must revise the AD to 

reference specific later revisions, or 

operators must request approval to use 

later revisions as an alternative method 

of compliance with this AD under the 

provisions of paragraph (i) of this AD. 

Conclusion 

The FAA reviewed the relevant data, 

considered any comments received, and 

determined that air safety requires 

adopting this AD as proposed. Except 

for minor editorial changes, this AD is 

adopted as proposed in the NPRM. 

None of the changes will increase the 

economic burden on any operator. 

Related Service Information Under 1 

CFR Part 51 

The FAA reviewed Boeing Alert 

Requirements Bulletin B787–81205– 

SB550011–00 RB, Issue 001, dated May 

18, 2021. This service information 

specifies procedures for an ultrasonic 

test for cracking and delamination of the 

skin panel, an open hole high frequency 

eddy current (HFEC) inspection for 

cracking of the rear spar root fitting at 

the fastener holes common to the MTB 

skin panel and rear spar root fitting 

interface, and a surface HFEC inspection 

for cracking of visible rear spar root 

fitting surface areas, and applicable oncondition actions. On-condition actions 

include measurement of the gap 

between the MTB skin panel and the 

rear spar flange, installation of a new 

shim between the MTB skin panel and 

the rear spar flange, and installation of 

new fasteners in the MTB skin panel 

and the rear spar flange. This service 

information is reasonably available 

because the interested parties have 

access to it through their normal course 

of business or by the means identified 

in ADDRESSES. 

Costs of Compliance 

The FAA estimates that this AD 

affects 91 airplanes of U.S. registry. The 

FAA estimates the following costs to 

comply with this AD: 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

Inspections ....................................... 14 work-hours × $85 per hour = $1,190 ....................... $0 $1,190 $108,290 

The FAA estimates the following 

costs to do any necessary measurements 

and installations that would be required 

based on the results of the inspection. 

The agency has no way of determining 

the number of aircraft that might need 

these actions: 

ON-CONDITION COSTS

Action Labor cost Parts cost Cost per 

product 

Gap measurement ............ 1 work-hour × $85 per hour = $85 ........................................................................... $0 $85 

Installation ......................... 10 work-hours × $85 per hour = $850 ..................................................................... 11,330 12,180 


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Federal Register / Vol. 87, No. 106 / Thursday, June 2, 2022 / Rules and Regulations 33437 

The FAA has received no definitive 

data on which to base the cost estimates 

for the repairs specified in this AD. 

The FAA has included all known 

costs in its cost estimate. According to 

the manufacturer, however, some or all 

of the costs of this AD may be covered 

under warranty, thereby reducing the 

cost impact on affected operators. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. Subtitle VII: 

Aviation Programs, describes in more 

detail the scope of the Agency’s 

authority. 

The FAA is issuing this rulemaking 

under the authority described in 

Subtitle VII, Part A, Subpart III, Section 

44701: General requirements. Under 

that section, Congress charges the FAA 

with promoting safe flight of civil 

aircraft in air commerce by prescribing 

regulations for practices, methods, and 

procedures the Administrator finds 

necessary for safety in air commerce. 

This regulation is within the scope of 

that authority because it addresses an 

unsafe condition that is likely to exist or 

develop on products identified in this 

rulemaking action. 

Regulatory Findings 

This AD will not have federalism 

implications under Executive Order 

13132. This AD will not have a 

substantial direct effect on the States, on 

the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify that this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Will not affect intrastate aviation 

in Alaska, and 

(3) Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive: 

2022–09–08 The Boeing Company: 

Amendment 39–22028; Docket No. 

FAA–2021–0844; Project Identifier AD– 

2021–00689–T. 

(a) Effective Date 

This airworthiness directive (AD) is 

effective July 7, 2022. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to The Boeing Company 

Model 787–8, 787–9, and 787–10 airplanes, 

certificated in any category, as specified in 

Boeing Alert Requirements Bulletin B787– 

81205–SB550011–00 RB, Issue 001, dated 

May 18, 2021. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 55, Stabilizers. 

(e) Unsafe Condition 

This AD was prompted by reports of a 

missing shim at a joint common to the main 

torque box (MTB) skin panel and rear spar 

root fitting. The FAA is issuing this AD to 

address the omission of a shim between the 

MTB skin panel and rear spar flange at the 

attachment to the root fitting. This condition, 

if not addressed, could result in a reduction 

in fatigue performance of the MTB skin panel 

and rear spar root fittings, which could affect 

the structural integrity of the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Required Actions 

Except as specified by paragraph (h) of this 

AD: At the applicable times specified in the 

‘‘Compliance’’ paragraph of Boeing Alert 

Requirements Bulletin B787–81205– 

SB550011–00 RB, Issue 001, dated May 18, 

2021, do all applicable actions identified in, 

and in accordance with, the Accomplishment 

Instructions of Boeing Alert Requirements 

Bulletin B787–81205–SB550011–00 RB, Issue 

001, dated May 18, 2021. 

Note 1 to paragraph (g): Guidance for 

accomplishing the actions required by this 

AD can be found in Boeing Alert Service 

Bulletin B787–81205–SB550011–00, Issue 

001, dated May 18, 2021, which is referred 

to in Boeing Alert Requirements Bulletin 

B787–81205–SB550011–00 RB, Issue 001, 

dated May 18, 2021. 

(h) Exceptions to Service Information 

Specifications 

Where Boeing Alert Requirements Bulletin 

B787–81205–SB550011–00 RB, Issue 001, 

dated May 18, 2021, specifies contacting 

Boeing for repair instructions: This AD 

requires doing the repair before further flight 

using a method approved in accordance with 

the procedures specified in paragraph (i) of 

this AD. 

(i) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Seattle ACO Branch, 

FAA, has the authority to approve AMOCs 

for this AD, if requested using the procedures 

found in 14 CFR 39.19. In accordance with 

14 CFR 39.19, send your request to your 

principal inspector or responsible Flight 

Standards Office, as appropriate. If sending 

information directly to the manager of the 

certification office, send it to the attention of 

the person identified in paragraph (j) of this 

AD. Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the responsible Flight Standards Office. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair, 

modification, or alteration required by this 

AD if it is approved by The Boeing Company 

Organization Designation Authorization 

(ODA) that has been authorized by the 

Manager, Seattle ACO Branch, FAA, to make 

those findings. To be approved, the repair 

method, modification deviation, or alteration 

deviation must meet the certification basis of 

the airplane, and the approval must 

specifically refer to this AD. 

(j) Related Information 

For more information about this AD, 

contact Joseph Hodgin, Aerospace Engineer, 

Airframe Section, FAA, Seattle ACO Branch, 

2200 South 216th St., Des Moines, WA 

98198; phone and fax: 206–231–3962; email: 

joseph.j.hodgin@faa.gov. 

(k) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) Boeing Alert Requirements Bulletin 

B787–81205–SB550011–00 RB, Issue 001, 

dated May 18, 2021. 

(ii) [Reserved] 

(3) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Contractual & Data 

Services (C&DS), 2600 Westminster Blvd., 

MC 110–SK57, Seal Beach, CA 90740–5600; 

telephone 562–797–1717; internet https://

www.myboeingfleet.com. 

(4) You may view this service information 

at the FAA, Airworthiness Products Section, 

Operational Safety Branch, 2200 South 216th 

St., Des Moines, WA. For information on the 

availability of this material at the FAA, call 

206–231–3195. 


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33438 Federal Register / Vol. 87, No. 106 / Thursday, June 2, 2022 / Rules and Regulations 

1The New York portion of the NYMA, is 

composed of the five boroughs of New York City 

and the surrounding counties of Nassau, Suffolk, 

Westchester, Rockland and the Shinnecock Indian 

Nation. See 40 CFR 81.333. 

2See, https://www.epa.gov/ground-level-ozonepollution/epa-reconsider-previous-administrationsdecision-retain-2015-ozone. 

(5) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, 

fr.inspection@nara.gov, or go to: https://

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued on April 15, 2022. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2022–11806 Filed 6–1–22; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2021–0572, FRL–9439–02– 

R2] 

Approval and Promulgation of 

Implementation Plans; New York; 

Ozone and Particulate Matter Controls 

Strategies 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving several 

revisions to the New York State 

Implementation Plan (SIP) meant to 

result in emission reductions that will 

help attain and maintain the national 

ambient air quality standards (NAAQS) 

for particulate matter (PM) and ozone. 

These SIP revisions consist of 

amendments to several existing 

regulations outlined within New York’s 

Codes, Rules, and Regulations that 

implement control measures for sources 

of PM and oxides of nitrogen (NOX). 

These actions are being taken in 

accordance with the requirements of the 

Clean Air Act (CAA). 

DATES: This final rule is effective on July 

5, 2022. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

Number EPA–R02–OAR–2021–0572. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available electronically through https:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Fausto Taveras, Environmental 

Protection Agency, Region 2, Air 

Programs Branch, 290 Broadway, New 

York, New York 10007–1866, at (212) 

637–3378, or by email at 

Taveras.Fausto@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

supplementary information section is 

arranged as follows: 

I. What is the background for these actions? 

II. What comments were received in response 

to the EPA’s proposed action? 

III. What action is the EPA taking? 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. What is the background for these 

actions? 

On January 28, 2022, the EPA 

published a Notice of Proposed 

Rulemaking that proposed to approve 

revisions to the New York SIP submitted 

by the State of New York on February 

3, 2021 and October 15, 2020. See 87 FR 

4530. The SIP revisions include adopted 

revisions to three regulations, Title 6 of 

the New York Code of Rules and 

Regulations (NYCRR), Part 219, 

‘‘Incinerators’’, and Part 222, 

‘‘Distributed Generation Sources’’, with 

state effective dates of March 14, 2020, 

and March 25, 2020, respectively. New 

York also submitted attendant revisions 

to Part 200, Section 200.9, ‘‘General 

Provisions, Referenced material’’. These 

revisions are applicable statewide, with 

the exception of Part 222 which will 

only be applicable to sources located 

within the New York Metropolitan 

Nonattainment Area (NYMA).1 These 

revisions include additional control 

strategies that will reduce NOX and PMX

emissions from major sources 

throughout the State. The EPA is 

approving New York’s SIP submittals 

listed within this action as a SIPstrengthening measure for New York’s 

ozone and PM SIP. The EPA is also 

approving New York’s SIP submittal 

since it incorporates additional RACT/ 

RACM rules for NOX at Municipal and 

Private Solid Waste Incineration Units. 

The specific details of New York’s SIP 

submittals and the rationale for the 

EPA’s approval action are explained in 

the EPA’s proposed rulemaking and are 

not restated in this final action. For this 

detailed information, the reader is 

referred to the EPA’s January 28, 2022, 

proposed rulemaking. See id. 

II. What comments were received in 

response to the EPA’s proposed action? 

In response to EPA’s January 28, 2022 

proposed rulemaking on New York’s SIP 

revisions, the EPA received three 

comments during the 30-day public 

comment period. The specific 

comments may be viewed under Docket 

ID Number EPA–R02–OAR–2021–0572 

on the https://regulations.gov website. 

Comment 1 & 2 

Two public comments received on 

February 14, 2022, were submitted by 

one anonymous commenter. Both 

comments are substantially similar and 

support the EPA’s proposed approval of 

New York’s SIP revisions. Both 

comments state that the revisions to 6 

NYCRR Part 219 and Part 222 are 

necessary to, ‘‘. . . make sure that an 

increase in PM and NOX emissions are 

avoided.’’ However, both comments also 

urge the EPA to reevaluate the Ozone 

levels outlined in the 2008 and 2015 

Ozone NAAQS due to the ever-changing 

environment and the growing 

population in the NYMA. 

Response 1 & 2 

The EPA acknowledges the 

commenter’s support of the EPA’s 

proposed rule. The EPA also recognizes 

the commenter’s request for the EPA to 

reevaluate and revisit the Ozone levels 

outline within the 2008 and 2015 Ozone 

NAAQS. While this issue is outside the 

scope of the present action, we note that 

on December 23, 2020, the EPA 

announced a decision to retain, without 

changes, the 2015 Ozone NAAQS 

(December 23, 2020 Decision). See 85 

FR 87256. However, on October 29, 

2021, the EPA announced that it will 

reconsider the December 23, 2020 

Decision.2

Comment 3 

The Midwest Ozone Group (MOG) 

submitted comments on February 28, 

2022, that urged the EPA to require New 

York to impose all emission controls for 

Distributed Generation Sources (DG 

Sources) units by 2023, instead of the 

adopted 2025 final phase year. MOG 

stated that a 2023 implementation 

timeframe will be consistent with the 

nonattainment obligations of the 

NYMA. MOG also provided details on 

how NOX emissions from New York’s 

DG Sources adversely impact upwind 

states like Connecticut and argued that 

the EPA’s proposed approval fails to 

recognize the impact on those upwind 

states and the Good Neighbor Provisions 


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