HR6398-119

What This Bill Does

The RED Tape Act amends Clean Air Act section 309, the statute requiring EPA to review and comment in writing on certain federal actions for environmental impact. The bill removes language covering newly authorized federal construction projects, major federal agency actions subject to environmental impact statement requirements, and proposed regulations published by federal departments or agencies. It also conforms subsection (b) by striking references to actions or regulations.

The effect is to reduce EPA's mandatory review and referral role for federal projects, major federal agency actions, and proposed federal regulations. EPA would have less statutory obligation under section 309 to review those matters and, when it finds an environmental impact unsatisfactory, less section 309 language for referral of actions or regulations. Project sponsors and federal agencies may see less EPA-driven delay or written-comment pressure, while communities and environmental groups lose a formal federal environmental-review backstop.

Who Benefits and How

Federal agencies proposing major actions benefit because one Clean Air Act review trigger is narrowed. Federal construction project sponsors benefit from reduced EPA written-comment and referral risk. Energy infrastructure developers benefit if pipelines, power plants, transmission projects, or similar projects face fewer EPA section 309 objections. Mining companies operating on federal lands benefit if major federal actions tied to approvals are less exposed to EPA section 309 review. Federal regulatory offices benefit because proposed regulations are removed from the listed review category.

Who Bears the Burden and How

EPA environmental review staff lose part of their formal review and comment mandate under section 309. Communities near federal project sites may lose an EPA written-comment channel for environmental concerns. Environmental advocacy organizations must rely more on NEPA comments, agency-specific statutes, or litigation rather than EPA section 309 referrals. Council on Environmental Quality staff may receive fewer EPA section 309 referrals on projects or regulations. Members of Congress overseeing environmental review may need to monitor whether narrowed EPA review affects project impacts.

Key Provisions

• Modifies Clean Air Act section 309 review and written-comment language.
• Modifies section 309 to remove newly authorized federal construction projects from the listed EPA review categories.
• Modifies section 309 to remove major federal agency actions requiring environmental impact statements from the listed categories.
• Modifies section 309 to remove proposed federal regulations from the listed categories.
• Modifies subsection (b) referral language by striking action and regulation references.
• Provides a narrower EPA section 309 role for project, action, and regulation review.