The following words and terms, when used in this subchapter shall have the following meanings, unless the context clearly indicates otherwise.
  (1) Base year--The year 1990 used as a reference for recycling credit limits and for determining the amount of waste reduced at the source.
  (2) Municipal sludge--Any solid, semisolid, or liquid waste generated from a municipal wastewater treatment plant, water supply treatment plant, or any other such waste having similar characteristics and effect, exclusive of the treated effluent from a wastewater treatment plant.
  (3) Net tons of waste exported--The difference between that portion of the municipal waste stream generated within specific geographic boundaries and exported for disposal and that portion which is generated outside the boundaries and imported for disposal during a specified time period.
  (4) Recycled product--A product which conforms to the minimum content of recycled material as specified in the Comprehensive Procurement Guidelines (CPG) and the Recovered Materials Advisory Notice (RMAN) published by the Environmental Protection Agency (EPA). The following is a list of the EPA guidelines:
    (A) CPG I, as amended through May 1, 1995, at 60 Federal Register (FR) 21370;
    (B) RMAN I, as amended through May 1, 1995, at 60 FR 21386;
    (C) RMAN (update), as amended through May 29, 1996, at 61 FR 26985;
    (D) CPG II, as amended through November 13, 1997, at 62 FR 60962;
    (E) RMAN II, as amended through November 13, 1997, at 62 FR 60975;
    (F) RMAN (update), as amended through June 8, 1998, at 63 FR 31214;
    (G) CPG III, as amended through January 19, 2000, at 65 FR 3069;
    (H) RMAN III, as amended through January 19, 2000, 65 FR 3082. For products for which no EPA guidelines exist, states may use guidelines from the Federal Trade Commission (FTC), or the American Society for Testing Materials (ASTM) for those products for which FTC or ASTM guidelines exist. The FTC guideline is found in Code of Federal Regulations, Title 16, Volume 1, Parts 0 to 999, Revised January 1, 1999. The ASTM guideline can be found in the 1999 Annual Book of ASTM Standards, Volumes 1-15.
  (5) Recycling rate--That percentage of the municipal solid waste stream which is recovered or diverted for recycling.
  (6) Source-reduced waste--A material or product, previously or typically entering the municipal solid waste stream, which has been prevented from entering that stream through source reduction.
  (7) Source reduction--Any action that averts the discarding of products or materials by reducing material use or waste at the source, including redesigning products or packaging so that less material is used, voluntary or imposed behavioral changes in the use and reuse on site of materials or products, or increasing durability or reusability of materials or products.
  (8) Total municipal solid waste stream--The sum of the state's total municipal solid waste that is disposed of as solid waste, measured in tons, and the total number of tons of recyclable material that has been diverted or recovered from the total municipal solid waste and recycled.
  (9) Waste stream reduction rate--That percentage of the municipal solid waste stream which is source-reduced or recovered or diverted for recycling.

Source Note: The provisions of this §328.7 adopted to be effective September 5, 1999, 24 TexReg 6761; amended to be effective March 19, 2000, 25 TexReg 2151