(a) The following definitions apply to this section:

1. (1) “Buffalo National River Watershed” means the area within United States Geologic Service Hydrologic Unit Code 11010005; and
2. (2) “Coverage” means a notice of coverage issued pursuant to a National Pollution Discharge Elimination System general permit and 8 CAR pt. 25.

(b) The Director of the Division of Environmental Quality shall not issue a permit pursuant to this part for a confined animal operation in the Buffalo National River Watershed with:

1. (1) Seven hundred fifty (750) or more swine weighing fifty-five pounds (55 lbs.) or more; or
2. (2) Three thousand (3,000) or more swine weighing less than fifty-five pounds (55 lbs.).

(c) Subsection (b) of this section does not prohibit the director from:

1. (1) Issuing a permit renewal or modification for a confined animal operation in the Buffalo National River Watershed with an active permit as of the effective date of this part; or
2. (2) Issuing a new Part 24 permit for a facility which holds an active permit under 23 CAR pt. 25 or coverage as of the effective date of this part.