The record needs to be set straight on a question that came up last week during the state’s public meeting on the acid rock drainage environmental hazard at the Interstate 99 construction site at Skytop Mountain.
The question from an audience member was whether two sentences that then-U.S. Rep. Bud Shuster inserted into a highway funding bill in 1998—sentences that eliminated federal oversight of some highway construction—applied to the I-99 construction that includes Skytop.
The answer given by a state Department of Transportation environmental engineering consultant, and heard by the 200 audience members at the meeting, was that the so-called Shuster rider did not apply to the I-99 construction at Skytop.
That answer is wrong. It went uncorrected by PennDOT officials themselves at the meeting, and it will take just a few moments of sorting through government bureaucracy stuff to show why it is wrong.
First, here is the Shuster rider itself (page 96 of the 541-page legislation, about an inch scroll-down), section 1212 (u) of the Transportation Equity Act of 1998:
“Notwithstanding any other provision of law, the State of Pennsylvania is authorized to proceed with engineering, final design and construction of Corridor O of the Appalachian development highway system between Bald Eagle and Interstate Route 80. All records of decision relating to Corridor O issued prior to the date of enactment of this Act shall remain in effect.”
On Aug. 12, 2004, the Centre Daily Times reported correctly that the Federal Highway Administration would normally have done periodic inspections of construction of a highway such as I-99 because 80 percent of the money used to build it was federal tax dollars.
But the Shuster rider took the FHWA out of regulatory roles for I-99, according to David Cough, FHWA director for Pennsylvania operations. Cough could cite no other instance of the federal highway administration being denied its oversight role.
“What Shuster did gave PennDOT quite a bit of flexibility in the project,” Cough said, adding that normally “we would be conducting inspections” of such a project. “We basically, oversee their oversight of the project,” Cough said. “If this were an FHA oversight project, PennDOT would have consulted with us and sought our approval of major contract changes.”
David Densmore, U.S. Fish and Wildlife field supervisor in State College, told the CDT in August 2004 that during I-99 planning in the 1990s his agency was trying to “minimize the landscape level of the project’s effects, recognizing that when you go off and you start chopping off the tops of mountains that you increase the risks.”
The Shuster rider, Densmore, added, “constrains federal regulatory agencies from taking action — in other words, I cannot interfere in future actions.”
Cough said federal highway administration lawyers interpreted the Shuster rider to mean that it would be illegal for the federal highway administration to assert its oversight role in I-99 construction.
One reason for the confusion about the impact of the Shuster rider on I-99 construction lies in its reference to “Corridor 0” because “Corridor O” has also come to refer to a planned but not yet designed four-lane highway from Port Matilda to Woodland in Clearfield County, generally paralleling U.S. Route 322.
But “Corridor O” in the rider, as Cough pointed out, refers to the Appalachian development highway system corridor whose southern terminus is Interstate 68 near Cumberland, Md., and whose northern terminus is I-80 near Bellefonte — “from Interstate 68 in Cumberland to Interstate 80; part of Corridor O is NHS Corridor 9 and existing Interstate 99.” The planned but not yet designed four-lane spur from Port Matilda to Woodland that has often been referred to as Corridor O is actually described as "Corridor O-1" in the Appalachian development highway system.
All of this can be checked out out on a couple of reliable web sites, AARoads here and the Wikipedia page here.
Even though the Shuster rider did eliminate the federal oversight of the I-99 project, that does not mean that federal oversight would have compensated for the lack of vigilance that led to what looks to be a $50 million mistake: the cleanup of a million cubic yards of highly concentrated pyritic rocks to keep them from leaching metal-dissolving sulfuric acid into streams and ground water.
"That doesn't mean it would have gone any better," Cough said.
"I would not suggest we could have foretold this specific impact," Densmore said.
But it does mean that because of the Shuster rider the federal agencies never got a chance to take a look and perhaps see something that PennDOT officials didn't.