On Wednesday, Sen. Pete Ricketts (R-NE) questioned officials on the process of obtaining permits for the Francis Scott Key Bridge rebuilding project in Baltimore, Maryland durign a Senate Environment and Public Work Committee hearing.
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NewsTranscript
00:00Thank you very much, Senator Capito, appreciate that.
00:05So I want to change gears a little bit to talk about the permitting of this because
00:10it's important that we get this done as quickly as possible, I think we all recognize that.
00:15So Administrator Bottin, General Spellman, there has been precedent in this administration
00:20to use alternative arrangements to waive NEPA and other environmental regulations to build
00:25projects for emergency response.
00:27The administration used alternative arrangements to waive the NEPA and bypass the standard
00:33compliance process to establish the Emergency Migrant Housing Encampment in Floyd Bennett
00:38Field, the 1,450-acre National Park Service facility in New York City.
00:44And they did that in less than two weeks.
00:47So does this administration plan to use alternative arrangements to rebuild the Francis Scott
00:51Key Bridge?
00:54Thank you, Senator, for that question.
00:56I'm not aware of waiving NEPA, what we will do is we will issue a categorical exclusion
01:02because we're replacing a bridge in essentially the same footprint as the pre-existing one
01:07and we'll work with the Corps and other resource agencies to get that done.
01:12And so how much time do you think that will save to do the categorical exclusion?
01:18Ninety-eight percent of our projects are categorical exclusions, so it's a very quick determination.
01:24And does this only have to be used, can it only be used in emergency situations?
01:28No, the vast majority of our projects that are within an existing highway footprint are
01:33categorical exclusions.
01:34It's when you get into an EIS, Environmental Impact Statement, or an EIA, an Environmental
01:40Assessment, where you just have more impacts and more study is required.
01:44Okay.
01:45So, because I was actually just talking to a gentleman who represents the iron workers
01:48and he was describing to me a situation, and we'll get to more details to follow up with
01:53you on this, but in Chicago where, again, they were just replacing a bridge and he
01:58said it took like nine years to get the permit on that, and obviously I don't have all the
02:00details on that, but theoretically that could be used for a categorical exclusion too, right?
02:06That if it's just replacing a current bridge that's already there, you could use a categorical
02:11exclusion to save a lot of the time when trying to get the permit.
02:14Is that accurate?
02:16Happy to follow up with you, Senator, on those specific examples.
02:20A lot of it just has to do with the, I'll use the Cape Cod Bridges as an example.
02:26There are whales in the canal that the Cape Cod Bridges cross, and so there's an environmental
02:33impact on endangered species that could have an impact, so it just depends on the context
02:37of the bridge.
02:38Okay.
02:39And then, you said you didn't have any knowledge of ways that you can waive NEPA.
02:43Is that accurate?
02:45Again, waiving NEPA is not something that...
02:49You can't do that?
02:50I don't believe I have the authority to do that, but we can find ways through a categorical
02:55exclusion when we're replacing a bridge that existed in an emergency relief program expenditure.
03:03But even though you said it didn't have to be emergency to use the categorical exclusions?
03:08Correct.
03:09Okay.
03:10And then just, I want to go back to another question I asked earlier.
03:13When you changed the designation for the bridge to the interstate highway system, under what
03:18authority did you do that?
03:23Under the authority of the Federal Highway Administration.
03:27There's a process that we follow where the state says, we'd like this redesignated.
03:31It happens quite a bit, and we have to go through and say, here are the design exceptions
03:35that we would approve.
03:36So I would assume it's under Title 23.
03:40So but there's a process.
03:41Did you follow that process for the Francis Scott Key Bridge?
03:44Absolutely.
03:45Okay, very good.
03:46Thank you very much.
03:47I appreciate it.
03:49Thank you very much.
03:50Senator Cardin.
03:51Senator Ricketts, I want you to, I think Senator, Secretary Wittefeld is also taking steps to
03:57streamline the.