Federal Recycled-Content Rules for Trash Bags: What RCRA Section 6002 Means for Public-Sector Contractors

1. What Is RCRA Section 6002, and Why Does It Apply to Trash Bags?

The Resource Conservation and Recovery Act (RCRA) is the main federal law on solid waste in the United States. Section 6002 of that law, codified at 42 U.S.C. 6962, focuses on public purchasing. Its goal is to make government spending on everyday products support markets for materials recovered from waste.

The law works through a list. The U.S. Environmental Protection Agency (EPA) designates products that are widely available with recovered content. This list is called the Comprehensive Procurement Guideline (CPG). It now covers 61 products in eight categories, from printing paper to park benches. The duty applies only to these designated products and only under the conditions the law sets.

Plastic trash bags are on that list. EPA designates them in 40 CFR 247.16, under non-paper office products. The law itself uses the term "recovered materials," which covers waste materials and byproducts diverted from solid waste. For trash bags, EPA states its recommendation as postconsumer content. This is plastic recovered after people use it, such as film wrap or household containers, and reprocessed into new material.

The recommended range is 10% to 100% postconsumer content. EPA notes that the amount of recovered material used in a bag depends on its color, size, and thickness. That is why the range is wide. It should be read as guidance for buyers, not as a single minimum that every bag must meet.

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2. Who Has to Follow It, Including Contractors?

RCRA uses the term "procuring agency" for the buyers it covers. There are three groups. The first is federal agencies. The second covers state agencies and the agencies of cities, counties, and other local governments, when they use federal funds for the purchase. The third group is the one many businesses overlook: a person or company under contract with one of those agencies, for the work done under that contract. The funding test works differently for each group. Federal agencies fall under the rule no matter how a purchase is paid for. For state and local agencies, and the companies working for them, the key question is usually whether appropriated federal money supports the purchase of designated items. EPA's guideline also does not apply to purchases that private organizations make with federal grant or loan funds.

In practice, a contractor could be a cleaning company that services a public building. It could also be a food service company that runs a cafeteria in a public school or a public hospital, or a facility manager at a public housing site. Being in one of these industries does not trigger the rule by itself. Coverage turns on several factors: which entity is buying, which funding and dollar tests apply, whether the bags are bought for contract work, and what extra specifications the contract adds.

There is also a dollar threshold. The duty applies when a single purchase of a designated item exceeds $10,000. It also applies when purchases of that item, or of functionally equivalent items, totaled $10,000 or more in the previous fiscal year. For federal agencies, EPA counts the agency as a whole, not each regional office. Because the second test looks back over a full year, regular can liner orders can add up to the threshold.

For covered purchases, the law asks buyers to seek "the highest percentage of recovered materials practicable," as long as there is still enough competition among suppliers. A buyer may choose otherwise in three situations. The recovered-content product cannot be obtained within a reasonable time. It does not meet the performance standards in the specifications. Or it is available only at an unreasonable price.

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3. What Does This Mean for Your Next Can Liner Order?

For a contractor, the answer depends on who buys the supplies under the contract.

The second setup is where contractors have real choices to make. In federally funded programs, 2 CFR 200.323 directs state agencies and local government agencies that receive federal awards, along with their contractors, to comply with Section 6002. Under 2 CFR 200.327, their contracts must carry whichever Appendix II provisions apply, and recovered-material procurement is one of the listed items. This does not mean every federal award or every contractor faces the same duty. The type of recipient, the purchase, its funding, and the contract terms all matter. Many agencies also write their own recycled-content specifications into bid documents.

Section 6002 does not include its own fines for missing these buying rules. Noncompliance can still have consequences. For a state or local agency, the requirement is part of its federal award terms. Under 2 CFR 200.339, the awarding agency may respond to noncompliance by holding back payments, refusing to cover related costs, or suspending or ending the award. These are options the agency can choose, not automatic penalties. For a contractor, failing to meet a recovered-content requirement written into the contract is a contract-compliance issue. A knowingly false recycled-content certification may create more serious legal exposure.

When the rule does apply, the contractor still picks the brand and the supplier, but the choice has to fit the contract terms. Three steps help. Read the contract and bid documents for any recovered-content clause or product specification. Ask suppliers for the recycled-content percentage of each can liner SKU. Keep the supporting documents on file. For federal contracts covering EPA-designated items, the solicitation or contract may also require vendors to certify, and in some cases estimate, the share of recovered material they will use. A clear paper trail makes that easier to provide.

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4. What to Watch For Next

First, watch new bids and renewals. The federal fiscal year 2027 began on October 1, 2026. No specific change to these rules is scheduled. Still, a new contract or renewal is a common point for an agency to revise its terms, including recovered-content clauses. Contractors should read the language in each new agreement rather than assume last year's terms still apply.

Second, watch state standards that go further. Some states set their own purchasing specifications on top of the federal guideline. New York is one example. Its GreenNY specification for plastic trash bags used in janitorial work, including can liners, approved on March 20, 2025, requires at least 10% postconsumer recycled content for most bags and lists 30% or more as a preferred, not required, level. Clear bags of 13 gallons or less follow a separate rule: they must be no thicker than 10 microns, and 10% postconsumer recycled content is encouraged for them but not required. The specification does not cover compostable, medical waste, construction, or pet waste bags. A contractor serving several states should check each state's current standard.

Third, watch EPA's guideline itself. RCRA requires EPA to review its procurement guidelines at least once every five years and to revise them when appropriate. Any update to the trash bag recommendation could flow into public contracts over time.

For contractors that supply their own can liners, the practical step is the same in every case: choose recycled-content bags with documentation that backs up the stated percentage. REGENPLAST offers can liners and garbage bags made with GRS-certified recycled material. Before bidding, contractors should confirm the specific SKU's recycled content, certification scope, and performance against their contract specification.

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[References]

U.S. Code, "42 U.S.C. 6962 – Federal procurement" (Cornell Legal Information Institute) → Read the Source‍

U.S. Code, "42 U.S.C. 6903 – Definitions" (Cornell Legal Information Institute) → Read the Source‍

Code of Federal Regulations, "40 CFR 247.2 – Applicability" → Read the Source‍

Code of Federal Regulations, "40 CFR 247.16 – Non-paper office products" → Read the Source‍

U.S. EPA, "Comprehensive Procurement Guideline (CPG) Program" → Read the Source‍

U.S. EPA, "Comprehensive Procurement Guidelines for Non-Paper Office Products" → Read the Source‍

Code of Federal Regulations, "2 CFR 200.323 – Procurement of recovered materials" → Read the Source‍

Code of Federal Regulations, "2 CFR 200.327 – Contract provisions" → Read the Source‍

Code of Federal Regulations, "2 CFR Part 200, Appendix II – Contract Provisions for Non-Federal Entity Contracts Under Federal Awards" → Read the Source‍

New York State Office of General Services, "GreenNY: Plastic Trash Bags" → Read the Source