RED Tape Act
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The RED Tape Act would eliminate the Environmental Protection Agency's separate duty under the Clean Air Act to review and comment on new federal construction projects, major federal agency actions, and proposed federal regulations that already undergo review under the National Environmental Policy Act.
Supporters frame it as cutting duplicative paperwork, since EPA would retain review authority only over proposed legislation, while other agencies' actions would continue to receive environmental review solely through the existing NEPA process.
What this bill would do
What it would do
The bill would amend Section 309 of the Clean Air Act (42 U.S.C. 7609) to narrow the scope of actions the Environmental Protection Agency must review and comment on. Currently that section directs EPA to review proposed legislation, newly authorized federal construction projects, other major federal agency actions covered by the National Environmental Policy Act, and proposed federal regulations. The bill would strike the construction-project, major-agency-action, and proposed-regulation categories, leaving EPA's mandatory review and comment duty limited to proposed legislation.
It would not change the underlying National Environmental Policy Act review process itself, which would continue to apply to federal construction projects and major agency actions; it only removes EPA's separate, additional review layer for actions already subject to NEPA review.
Key provisions
- 1Would strike the Clean Air Act requirement that EPA review and comment on newly authorized federal construction projects and other major federal agency actions covered by NEPA
- 2Would strike the requirement that EPA review and comment on proposed federal regulations published by other departments or agencies
- 3Would leave intact EPA's authority to review and comment on proposed legislation
- 4Would make conforming edits to subsection (b) removing references to the now-eliminated 'action' and 'regulation' review categories
Who would be affected
Federal agencies that undertake construction projects or major actions requiring environmental review, agencies that issue federal regulations, and the Environmental Protection Agency itself, whose statutory review obligations would narrow. Members of the public and environmental groups who rely on EPA's separate comments during federal permitting or rulemaking processes would also be affected.
Why it matters
If enacted, agencies proposing construction projects or regulations would no longer receive a mandatory second layer of EPA environmental comment beyond the standard NEPA review, potentially speeding up project timelines but reducing an additional point of EPA scrutiny. EPA's workload and formal role in reviewing agency actions and regulations would shrink accordingly.
What would change
Changes to existing law
Amends Clean Air Act, Section 309 (42 U.S.C. 7609) (Sec. 2)
Removes EPA's mandatory review-and-comment duty for federal construction projects, major federal agency actions under NEPA, and proposed federal regulations, leaving only proposed legislation.
Agencies directed to act
How implementation would work
The change is self-executing: once enacted, EPA's statutory duty under Clean Air Act Section 309 would automatically narrow to proposed legislation only, without new rulemaking. Agencies would no longer route newly authorized construction projects, major NEPA-covered actions, or proposed regulations to EPA for a separate mandatory review and public comment, though those actions would still undergo standard NEPA environmental review through their existing agency processes.
Legislative status & sources
Latest action
Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.
Official CRS summary
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This bill removes the requirement under the Clean Air Act that the Environmental Protection Agency (EPA) review and comment on newly authorized federal construction projects and other major federal agency actions that already require review under the National Environmental Policy Act (NEPA) and proposed federal regulations.
Legislative subjects
Air quality; Building construction; Climate change and greenhouse gases; Environmental Protection; Environmental Protection Agency (EPA); Environmental assessment, monitoring, research; Environmental regulatory procedures
Committee report
H. Rept. 119-596