EPA Finalizes Rule for New Regulatory Guidance Documents
The U.S. Environmental Protection Agency (EPA) finalized a rulemaking on Sept. 14 that establishes new regulatory standards for all EPA regulatory guidance documents. These documents help EPA and other federal agencies provide implementation and enforcement guidance to regulated entities. EPA has issued tens of thousands of guidance documents to interpret environmental statutes, regulations and its permitting programs.
EPA's final rule, which is intended to increase transparency and access, has four key elements:
- Establishes a regulatory definition for the "guidance documents" and "significant guidance documents" that are subject to the rule's requirements.
- Responds to President Trump's directive under Executive Order 13891, "Promoting the Rule of Law Through Improved Agency Guidance Documents," by creating a centralized website where the public can locate all of EPA's active regulatory guidance documents.
- Requires all "significant regulatory guidance documents" to be subject to public comment before being finalized by the Agency.
- Creates a process by which anyone can petition the Agency to modify or withdraw any existing regulatory guidance document.
When the rule was initially proposed, NAHB's comments were very supportive of the rule's transparency requirements, such as requiring EPA to post all regulatory guidance documents online. NAHB members must rely upon these documents to understand various environmental permitting, required environmental training and recordkeeping requirements.
NAHB also cautioned EPA not to take any actions that would hinder the Agency's ability to provide timely guidance to regulated entities. Given the complexity of EPA's permitting and regulatory programs, NAHB members rely upon timely guidance on a wide range of environmental compliance matters, including EPA's permitting programs, and required worker training, firm certification and recordkeeping requirements under EPA's Lead Renovation, Repair and Painting Rule.
For more information about EPA's final regulatory guidance rule, please contact Michael Mittelholzer.
Latest from NAHBNow
Dec 23, 2025
The 5 Types of Builders — and the One Built to ProsperMost builders want the same things: predictable profits, less stress, and a business that doesn’t grind them down year after year.
Dec 23, 2025
Lumber Capacity Has Peaked for 2025An annual revision to the Federal Reserve G.17 Industrial Production report shows current sawmill production levels above 2017 by 7.5%, but just 0.3% above 2023 levels.
Latest Economic News
Dec 22, 2025
State-Level Employment Situation: September 2025In September 2025, nonfarm payroll employment was largely unchanged across states on a monthly basis, with a limited number of states seeing statistically significant increases or decreases. This reflects generally stable job counts across states despite broader labor market fluctuations. The data were impacted by collection delays due to the federal government shutdown.
Dec 19, 2025
Existing Home Sales Edge Higher in NovemberExisting home sales rose for the third consecutive month in November as lower mortgage rates continued to boost home sales, according to the National Association of Realtors (NAR). However, the increase remained modest as mortgage rates still stayed above 6% while down from recent highs. The weakening job market also weighed on buyer activity.
Dec 18, 2025
Lumber Capacity Lower Midway Through 2025Sawmill production has remained essentially flat over the past two years, according to the Federal Reserve G.17 Industrial Production report. This most recent data release contained an annual revision, which resulted in higher estimates for both production and capacity in U.S. sawmills.