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

1. (1) “Annual permit” means the permit issued to a motor vehicle racing facility on an annual basis after the issuance of the initial permit;
2. (2) “Automobiles or trucks modified for racing” means any vehicle designed to be operated with at least four (4) wheels in contact with the ground and a gross dry weight, excluding the driver, of more than one thousand pounds (1,000 lbs.) which is used in competitive racing or public racing demonstrations at a motor vehicle racing facility in Arkansas;
3. (3) “Begin construction” means the initiation of physical on-site construction activities on a motor vehicle racing facility which are of a permanent nature;
4. (4) “Commission” means the Arkansas Pollution Control and Ecology Commission;

5. (5) “Competitive racing of automobiles or trucks that are modified for racing” means any event:

   1. (A) In which it is possible to compare the performance of the participants, even if such comparison is not actually done; or
   2. (B) Designed as an exhibition of driving skill;
6. (6) “Constructed” means the completion of physical on-site activities so that a motor vehicle racing facility is capable of hosting competitive racing events;
7. (7) “Designed and used for competitive racing” means any motor vehicle racing facility capable of hosting competitive racing;

8. (8)

   1. (A) “Division” means the Division of Environmental Quality, or its successor.
   2. (B) When reference is made in this part to actions taken by or with reference to the Division of Environmental Quality, the reference is to the staff of the Division of Environmental Quality acting at the direction of the Director of the Division of Environmental Quality;
9. (9) “Initial annual permit” means the first permit issued to a motor vehicle racing facility;

10. (10) “Material change” or “materially different” means:

    1. (A) The addition of a new racing venue; or
    2. (B) Other substantial and significant modification to the way the facility is operated; and
11. (11) “Motor vehicle racing facility” means any outdoor facility used for competitive racing by automobiles or trucks that are modified for racing.