Proposed 'RED Tape Act' Removes Mandatory EPA Review for Major Federal Projects and New Regulations

The proposed “Reducing and Eliminating Duplicative Environmental Regulations Act”—or the “RED Tape Act”—takes aim at a core function of the Environmental Protection Agency (EPA): mandatory environmental review. Specifically, Section 2 of this bill guts the EPA Administrator’s required review process under Section 309 of the Clean Air Act, eliminating the requirement for the EPA to review and comment on major federal construction projects, significant federal agency actions (like those requiring a full Environmental Impact Statement under NEPA), and proposed regulations from any other federal agency.

The Fine Print: What Just Got Deleted

Think of the EPA as the environmental cop on the beat for the federal government. For decades, Section 309 required this cop to look over the shoulder of agencies like the Department of Transportation or the Department of Energy before they built a massive highway or authorized a new pipeline. The bill doesn't just tweak the language; it explicitly strikes out the entire list of items the EPA was required to review. This means the EPA Administrator is no longer mandated to weigh in on the environmental consequences of newly authorized federal projects or major actions that trigger the highest level of environmental review. For context, these are the projects—like large dams, major energy facilities, or expansive infrastructure—that have the biggest potential footprint.

Clearing the Lane for Construction

The stated goal is to cut “red tape,” and in practice, this change will certainly accelerate the timeline for federal construction projects. If you’re a developer or a federal agency, skipping the mandatory EPA review step means fewer potential delays and fewer required modifications to satisfy environmental concerns. This could be seen as a benefit for agencies looking to move quickly on infrastructure goals. However, the trade-off is significant: major projects that previously had a mandatory environmental check by the nation’s lead environmental agency can now proceed without that specific, required scrutiny. Imagine a major industrial plant being built near your town; without mandatory EPA review, potential air or water quality concerns tied to that project might not get the formal, required challenge they once did.

Less Oversight on New Rules

Beyond construction, the bill also removes the requirement for the EPA Administrator to review and comment on proposed regulations from any other federal department or agency. This is a subtle but powerful change. Whenever a federal agency—say, the Department of Agriculture—proposes a new rule, the EPA was required to look at that proposed rule and identify potential environmental conflicts or impacts. Removing this mandate means that new federal regulations could be adopted without the environmental consequences being formally vetted by the EPA, potentially leading to conflicting rules or unforeseen environmental harms simply because the required check-and-balance step was eliminated. For the general public, this means a significant reduction in environmental safeguards built into the federal government's procedural DNA, leaving communities reliant on environmental watchdogs with fewer mandatory tools to ensure clean air and water standards are considered in every major federal decision.