EPA Comprehensive Procurement Guideline (Recovered Materials)
The Comprehensive Procurement Guideline (CPG) program — codified at 40 CFR Part 247 — directs federal agencies to buy products containing recovered (recycled) materials whenever those products are available at a reasonable price and performance. The program implements RCRA § 6002, which requires that when EPA designates a product for the CPG, all federal agencies and their contractors using federal funds must purchase the designated product rather than a virgin-material equivalent, as long as the recycled product meets their performance specifications and is competitively priced.
Legal Authority
- 42 U.S.C. § 6962 — Resource Conservation and Recovery Act (RCRA) § 6002: requires federal agencies and contractors using federal funds to procure EPA-designated items containing recovered materials; directs EPA to publish a Comprehensive Procurement Guideline (CPG) identifying product categories; requires agencies to develop affirmative procurement programs
- 40 CFR Part 247 — EPA regulations implementing the CPG program; designates specific product categories for recovered materials procurement requirements and sets minimum recovered material content standards for each category
Key Mechanics
The CPG program works through EPA designation: EPA publishes a list of product categories where recovered materials can substitute for virgin materials; once designated, federal agencies must buy those products with the specified recovered content when they meet performance requirements and are competitively priced. Currently designated categories include paper and paper products, vehicular products, construction products, transportation products, park and recreation products, landscaping products, non-paper office products, and miscellaneous products. Federal contracting officers must include affirmative procurement requirements in solicitations; contractors performing federal work are also subject to the requirement when using federal funds. EPA's supporting guidance (the "Recovered Materials Advisory Notices" or RMANs) provides recommended recovered material content levels for each designated item.
Current Rule (2026)
| Parameter | Value |
|---|---|
| Citation | 40 CFR Part 247 |
| Issuing agency | EPA |
| Statutory authority | 42 U.S.C. § 6962 (RCRA § 6002) |
| Applies to | Federal agencies and contractors using federal funds for procurement |
| CPG designated categories | 60+ product categories across 8 product groups |
| Companion guidance | EPA "Recovered Materials Advisory Notices" (RMANs) — specify recommended content levels |
| Procurement trigger | Purchases of $10,000 or more of a designated item (or aggregate annual purchases of $10,000) |
What This Rule Does
40 CFR Part 247 lists the categories of products that EPA has designated under the CPG. For each designated category, EPA issues a Recovered Materials Advisory Notice (RMAN) recommending minimum recovered material content percentages. Federal agencies must specify recovered content in procurement documents and purchase products meeting those content levels unless they are not available, not reasonably priced, or do not meet performance specifications.
The CPG creates a market signal: because the federal government is the world's largest purchaser of goods, mandatory preferences for recycled-content products increase demand for recovered materials and reduce the economic disadvantage that recycled products sometimes face against cheaper virgin-material alternatives.
Key Product Categories Designated Under 40 CFR Part 247
- § 247.10 — Paper and paper products: printing and writing papers (minimum 30% postconsumer fiber for recycled content papers); newsprint; tissue products; paper napkins; file folders; office papers — the largest single category by federal procurement volume
- § 247.11 — Vehicular products: lubricating oils containing re-refined oil (engine oils, hydraulic fluids, gear oils, excluding marine and aviation oils); tires with recycled rubber content; reclaimed engine coolants; rebuilt vehicular parts (alternators, starters, transmissions, engines)
- § 247.12 — Construction products: building insulation (cellulose fiber, fiberglass, mineral wool — all made partially from recycled glass or paper); structural fiberboard; laminated paperboard; plastic lumber and timbers; railroad grade crossings with recycled content; park benches and picnic tables; traffic barricades; roofing materials containing recovered content
- § 247.13 — Transportation products: traffic cones; parking stops; channelizers; delineators; signage backing panels — safety equipment categories where recycled rubber, plastic, and other recovered content is well established
- § 247.14 — Park and recreation products: playground equipment; running tracks; playground surfaces; landscaping products including compost made from organic materials
- § 247.15 — Landscaping products: compost (made from yard trimmings, food wastes, or biosolids); mulch; hydraulic mulch; erosion controls
- § 247.16 — Non-paper office products: binders; clipboards; file folders; office furniture; toner cartridges — recovered content made from recycled plastic and paper
- § 247.17 — Miscellaneous products: pallets; strapping; sorbents made from recycled materials; shower and restroom dividers
How It Affects You
Federal contracting officers must include recovered material content specifications in solicitations for designated products. If a contractor proposes to supply a virgin-material product in a CPG-designated category, the contracting officer must either require recycled content or document why an exception applies (unavailability, price unreasonableness, or inadequate performance).
Federal contractors using federal funds for construction or services that involve purchasing CPG-designated items must comply with the same recovered material requirements as the federal agency itself — the requirement flows down through the contract.
Recycling industry — the CPG program is the primary federal demand-side tool for creating markets for materials collected through curbside recycling, industrial scrap, and post-consumer waste.
Statutory Authority
This rule implements:
- 42 U.S.C. § 6962 (RCRA § 6002) — directs EPA to designate products containing recovered materials; requires federal agencies to procure designated products; requires contractors using federal funds to comply; authorizes exceptions for inadequate supply, price unreasonableness, or performance failure
Recent Rulemakings
- The CPG product list is updated through EPA regulatory action; the most recent major CPG update added construction and landscaping categories
- EPA regularly issues updated RMANs adjusting recommended recovered content levels as recycled material supply and quality improves
Pending Action
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