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
Jun 03, 2026
Top OSHA Violations of 2025; No Increase in Penalties for 2026In 2025, improper fall protection was once again the most-cited violation of OSHA jobsite rules. A failure to protect against falls also featured prominently in three other violations in the top 10.
Jun 03, 2026
Public and Private Partnerships Jumpstart Hawai’i Workforce ProgramsSupported by government, community and private partners, the Building Industry Association of Hawai'i will soon lead its 10th workforce development training cohort to prepare individuals for careers in the local residential construction industry.
Latest Economic News
Jun 03, 2026
House Price Appreciation by State and Metro Area in the First Quarter of 2026U.S. house prices continued to rise in the first quarter of 2026, but appreciation slowed markedly from the rapid pace seen during the pandemic-era housing boom.
Jun 03, 2026
State-Level Employment Situation: April 2026State labor market conditions remained generally positive in April, with most states recording employment gains despite signs of moderating national job growth.
Jun 02, 2026
Slight Increase for Construction Job OpeningsThe number of open positions in the construction sector edged higher in April, per the Bureau of Labor Statistics Job Openings and Labor Turnover Survey (JOLTS).