House · HR 6398 · 119th Congress
RED Tape Act
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Summary
This bill removes a rule that requires the EPA to review and comment on major federal construction projects and proposed federal rules. Currently, the EPA must review these under both the Clean Air Act and a separate law called NEPA. This change affects federal agencies and any projects that go through environmental review.
In Favor
The bill cuts a duplicate step where EPA reviews federal projects under both NEPA and Clean Air Act Section 309 for the same air quality impacts. NEPA already requires a full environmental review of those same actions, so the Section 309 review covers identical ground. Removing the overlap can shorten federal project timelines without dropping the NEPA environmental check.
Against
The EPA's Clean Air Act review gave the agency an extra tool to flag air quality problems in federal projects and rules. Removing that review means one fewer check on potential pollution from major federal actions. Agencies could move forward on projects without EPA weighing in on air quality concerns.
Additional Considerations
Purpose & Problem
Is the problem real and worth federal action?
The bill removes a Clean Air Act rule that required the EPA to review certain federal construction projects and proposed federal rules. Congress says this eliminates review steps it considers duplicative of existing environmental review processes.
Scope & Related Provisions
Does it stay focused, or carry unrelated add-ons?
The provisions stay on topic. Every change in the bill directly addresses the EPA review requirement under Section 309 of the Clean Air Act and nothing else.
Who Is Affected
Who benefits, and who bears the cost?
Federal agencies that currently submit construction projects and proposed rules for EPA review would face fewer review steps. The EPA would lose its current duty to comment on those items. Groups that rely on EPA review comments in the process would also be affected.
Cost & Funding
Is it affordable and responsibly funded?
The bill removes a review duty from the EPA rather than spending new money or charging new fees. The sources provide no dollar figure and no cost estimate. Eliminating the review step would reduce the agency work currently required to carry it out.
Risks & Implementation
What could go wrong in practice?
The bill removes one layer of review for federal projects and rules that still must go through a separate environmental review process. A practical question is whether removing EPA comment at this stage changes the information available to decision makers during that remaining process.
For the actual bill text, see congress.gov.
AI-generated · Published 6/5/2026