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
Advocacy
Jun 10, 2026
Over 1,100 Housing Advocates Call on Congress to Address AffordabilityMore than 1,100 builders, remodelers and other housing industry professionals went to Capitol Hill today to call for congressional action to improve affordability and help builders to increase the production of affordable, attainable homes.
Codes and Standards
Jun 09, 2026
Connecticut Moves Toward 6-Year Building Code Cycle in Possible TrendConnecticut Governor Ned Lamont has signed into law a bill that lays the groundwork to expand the state’s building code adoption cycle to every six years rather than the current three years.
Latest Economic News
Economics
Jun 10, 2026
Inflation Surpassed 4% in MayInflation accelerated to a new three-year high in May, driven by continued increases in energy costs from the Iran war. Energy costs drove more than 60% of the monthly increase, with national gasoline prices jumping more than a dollar since the war began.
Economics
Jun 10, 2026
Home Building Regulatory Cost Burdens Increased 40% from 2021 to 2026A new NAHB study shows that, on average, regulations imposed by government at all levels account for $131,734, or 26.4%, of the final price of a new single-family home built for sale. Of this amount, $46,795 is due to a higher price for the finished lot, attributable to regulations imposed during the lot’s development.
Economics
Jun 09, 2026
Existing Home Sales Increased in MayExisting home sales rose to a five-month high in May as more first-time buyers stepped back into the market. The share of first-time buyer reached 35% in May, the highest since June 2020. However, sales remained weak compared to historical norms, with still-tight inventory continued to push up home prices.