Express Terms 6 NYCRR Part 200, General Provisions

Subdivision (a) of section 200.1 through Subdivision (au) of section 200.1 remains unchanged.

All of Subdivision (av) of section 200.1 is repealed, a new Subdivision (av) of section 200.1(av) is adopted as follows:

(av) 'Nonattainment area'. Any area of the State not meeting a National Ambient Air Quality Standard (NAAQS) for a specific air contaminant. Nonattainment areas in New York State are as follows:

(1) Reserved

(2) Areas designated as "Nonattainment" for the Fine Particulate (PM_2.5) NAAQS.

(i) The New York - N. New Jersey - Long Island, NY-NJ-CT-PA area consisting of Bronx, Kings, Nassau, New York, Orange, Queens, Richmond, Rockland, Suffolk and Westchester Counties.

(3) Areas designated as "Nonattainment" for the 1-Hour Ozone NAAQS.

(i) Nonattainment areas classified as "Severe".

('a') The area consisting of the New York City Metropolitan Area and the Lower Orange County Metropolitan Area.

(ii) Nonattainment areas classified as "Moderate".

('a') The Lower Hudson Valley area consisting of Putnam and Dutchess Counties, and all of Orange County except the Lower Orange County Metropolitan Area.

(iii) Nonattainment areas classified as "Marginal".

('a') The Capital District area consisting of Saratoga, Montgomery, Schenectady, Albany, Rensselaer and Greene Counties.

('b') The portion of Essex County surrounding Whiteface Mountain above an elevation of 4,500 feet.

('c') The area consisting of all of Jefferson County.

('d') The Niagara Frontier area consisting of Niagara and Erie Counties.

(4) Areas designated as "Nonattainment" for the PM10 NAAQS (Annual NAAQS revoked by EPA effective December 17, 2006).

(i) The area consisting of all of New York County.

Subdivision (aw) of section 200.1 through Section 200.16 remains unchanged