EPA Finalizes Rule for New Regulatory Guidance Documents

Environment
Published

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.

Subscribe to NAHBNow

Log in or create account to subscribe to notifications of new posts.

Log in to subscribe

Latest from NAHBNow

Economics
Aug 06, 2026
Multifamily Developer Confidence Weakens in Second Quarter

Confidence in the market for new multifamily housing weakened year-over-year in the second quarter, according to the Multifamily Market Survey (MMS) released today by NAHB. The MMS produces two separate indices. The Multifamily Production Index (MPI) had a reading of 43, down three points year-over-year, while the Multifamily Occupancy Index (MOI) had a reading of 74, down eight points year-over-year.

Disaster Response
Aug 05, 2026
How to Help Spokane Relief and Recovery Efforts

A series of fast-moving wildfires recently broke out in and around Spokane, Wash., causing widespread destruction. In response, the Spokane Home Builders Association is accepting donations to the Spokane Wildfire Disaster Relief Fund to provide support to the communities hit hardest by the wildfires.

View all

Latest Economic News

Economics
Aug 06, 2026
Multifamily Developer Confidence Weakens in Second Quarter

Confidence in the market for new multifamily housing weakened year-over-year in the second quarter, according to the Multifamily Market Survey (MMS) by the National Association of Home Builders (NAHB). The MMS produces two separate indices.

Economics
Aug 06, 2026
Mortgage Rates Climb Again as Iran Conflict Re-escalates

Re-escalation of the conflict in Iran pushed mortgage rates higher in July. According to Freddie Mac, the 30-year fixed-rate mortgage averaged 6.54% in July, up 5 basis points (bps) over June. Since the conflict in the Middle East began, the 30-year mortgage rate has climbed by almost 50 bps.

Economics
Aug 05, 2026
U.S. Economy Expanded at a Slower Pace in the Second Quarter of 2026

Real GDP growth slowed in the second quarter of 2026, as a pullback in government spending and slower growth in investment and exports, more than offset stronger consumer spending.