(b) In addition, for purposes of this part, the following definitions apply:

1. (1)

   1. (A)

(i) “Administrative permit amendment” means a minor change or permit revision that is not typically considered a permit modification, as defined by applicable statutes or rules, or a minor modification that does not require public notice and opportunity for comment.

1. (ii) For example, typographical corrections or revisions, or other changes initiated by the Division of Environmental Quality, might be considered administrative permit amendments.

   1. (iii) Some minor changes requested by the permittee may also qualify as administrative permit amendments.
   2. (B) For purposes of Subpart 4 of this part, administrative permit amendments are defined in 8 CAR pt. 40, 8 CAR pt. 41, and 8 CAR pt. 42.
   3. (C) The Director of the Division of Environmental Quality, in his or her discretion, may decide whether a revision would be considered an administrative amendment.
   4. (D) No fee will be charged for administrative permit amendments;
2. (2) “Annual fee” means the fee required to be submitted upon the facility-specific annual invoice date for a permit issued pursuant to the Arkansas Water and Air Pollution Control Act, Arkansas Code § 8-4-101 et seq., as amended, or the Arkansas Solid Waste Management Act, Arkansas Code § 8-6-201 et seq., as amended;
3. (3) “Category” means one (1) type of laboratory test or group of laboratory tests for similar materials or classes of materials or that use similar methods or related methods;

4. (4)

   1. (A) “Certificate” means the annual document showing those parameters for which a laboratory has received certification.
   2. (B) The annual period begins at receipt of fee payments or at the expiration of a current certificate;
5. (5) “Commission” means the Arkansas Pollution Control and Ecology Commission;
6. (6) “Confined animal operation” means any lot or facility where livestock or fowl have been, are, or will be stabled or confined and fed or maintained, and where crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over any significant portion of the lot or facility;
7. (7) “Director” means the Director of the Division of Environmental Quality or his or her designated representative;

8. (8)

   1. (A) “Discretionary major facility” means an industrial facility discharging wastewater under the terms of a National Pollutant Discharge Elimination System (NPDES) permit that does not meet the numerical rating criteria as an NPDES nonmunicipal major facility, but is designated as a major permittee by the Division of Environmental Quality or the United States Environmental Protection Agency.
   2. (B) Such facilities are assigned a major rating code (MRAT) greater than five hundred (500);
9. (9) “Division” means the Division of Environmental Quality or its successor;
10. (10) “EPA” means the United States Environmental Protection Agency;
11. (11) “Evaluation” means a review of the quality control and quality assurance procedures, records keeping, reporting procedures, methodology, and analytical techniques of a laboratory for measuring or establishing specific parameters;

12. (12)

    1. (A)

       1. (i) “Facility” means an activity or operation within a specific geographical location including property contiguous thereto.
       2. (ii) A facility may consist of several manufacturing, treatment, storage, or disposal operational units.

    2. (B)

       1. (i) For purposes of this part, a facility shall be considered to be all property, facilities, or operations owned, leased, or operated by a single entity, whether a municipal, county, or state government, corporation, partnership, or proprietorship in the same geographical area, forming an integral part of the same activity or operation, whether or not such activity lies within the boundaries of the city or county.
       2. (ii) For purposes of permit fee assessment only, such property, facilities, or operations shall be considered as a single facility if they are regulated by a common state or federal permit within each permit category, or in the future such consolidation of multiple permits can be realized within the scope of applicable permitting regulations, and the facilities or operations are under the supervision of a single plant manager/superintendent;
13. (13) “Initial fee” means the fee that is required by law to be submitted with all applications for permits issued pursuant to the Arkansas Water and Air Pollution Control Act, Arkansas Code § 8-4-101 et seq., as amended, and the Arkansas Solid Waste Management Act, Arkansas Code § 8-6-201 et seq., as amended, and that must be received by the Division of Environmental Quality before a permit is issued;
14. (14) “Issue date” means the date the Division of Environmental Quality signed the permit;

15. (15) “Laboratory” means any facility that performs:

    1. (A) Analyses to determine the chemical, physical, or biological properties of air, water, solid waste, hazardous waste, wastewater, soil, or subsoil materials; or
    2. (B) Any other analyses related to environmental quality evaluations;
16. (16) “Major municipal facility” means a publicly owned treatment works (POTW) with a design flow or daily average flow of one million (1,000,000) gallons per day (mgd) or greater, or a POTW designated as a major facility by the Division of Environmental Quality or United States Environmental Protection Agency;

17. (17)

    1. (A) “Modification fee” means that fee required by law to be submitted for modification of any existing or future permit required by the Arkansas Water and Air Pollution Control Act, Arkansas Code § 8-4-101 et seq., as amended, or the Arkansas Solid Waste Management Act, Arkansas Code § 8-6-201 et seq., as amended, such modification being either at the request of the permittee or as required by law or rule.
    2. (B) The fee may vary if the permit modification or renewal is considered to be a minor or major modification, as defined in applicable statutes or rules, or otherwise determined by the Director of the Division of Environmental Quality;

18. (18)

    1. (A) “Nonmunicipal major facility” means a facility subject to the National Pollution Discharge Elimination System (NPDES) whose status is determined following completion of an NPDES Permit Rating Worksheet (current version) in which points are allocated on the basis of:

       1. (i) Toxic pollutant potential;
       2. (ii) Permitted flow or the ratio of wastewater to stream flow volume;
       3. (iii) Conventional pollutants mass loadings;
       4. (iv) Public health impacts (including proximity to drinking water supplies and potential for human health toxicity); and
       5. (v) Water quality factors.
    2. (B) Additional points can be assessed for certain steam electric power plants or for separate storm sewers serving a population greater than one hundred thousand (100,000).

    3. (C)

       1. (i) The total points accumulated is known as the major rating code, or MRAT, which is the numeric total of ranking points assigned to nonmunicipal facilities and used to delineate them as a major or minor facility.
       2. (ii) Currently, a facility with an MRAT of eighty (80) points or more is designated as a “nonmunicipal major facility”.
       3. (iii) Additionally, the United States Environmental Protection Agency or the Division of Environmental Quality may designate an NPDES permittee as a “discretionary major facility”.
    4. (D) Once an MRAT for a major facility is calculated and approved by the United States Environmental Protection Agency, the Division of Environmental Quality may recommend increases or decreases to an MRAT, but only the United States Environmental Protection Agency is authorized to change an individual permittee’s MRAT or designation as a “major” facility;
19. (19) “Non-Part 70 permit” means an air permit that is issued pursuant to a regulation other than Part 70 of Title 40 of the Code of Federal Regulations, 40 C.F.R. pt. 70;
20. (20) “Parameter” means the characteristic or characteristics of a laboratory sample determined by an analytic laboratory testing procedure;
21. (21) “Part 70 permit” means an air permit that is issued pursuant to 40 C.F.R. pt. 70;
22. (22) “Program” means the Environmental Laboratory Accreditation Program;
23. (23) “Q” or “quantity” means the permitted flow expressed in one million (1,000,000) gallons per day (mgd), as used in formulas for calculating water permit fees under Subpart 3 of this part; and

24. (24)

    1. (A) “Renewal permit” means a permit issued to a facility upon expiration of an existing permit.
    2. (B) A modification fee may be assessed, depending upon whether the renewal is considered to be a minor or major modification, as defined in applicable statutes or rules, or otherwise determined by the Director of the Division of Environmental Quality.