I-95 Overpass Collapse in Philadelphia and the Federal Response

I-95 Overpass Collapse in Philadelphia and the Federal Response

INSIGHTi

I-95 Overpass Collapse in Philadelphia and
the Federal Response
Updated June 20, 2023
On June 11, 2023, a tanker truck carrying gasoline crashed and burned under Interstate 95 (I-95) in
Philadelphia. The crash and resulting fire caused a segment of the northbound lanes to collapse and the
adjacent southbound lanes to be weakened to the point that they are considered structurally unsound.
Travel on the route is temporarily shut down. According to statements made by Pennsylvania Governor
Shapiro on June 18, 2023, essential traffic is expected to be restored within two weeks. The I-95 collapse
and the availability of federal funding for both emergency and permanent repairs may be of interest to
Congress.
The Expected Impacts on Travel
The fire damaged I-95 between exits 30 and 32 in Philadelphia, with the highway closed to traffic in both
directions. According to officials of the Pennsylvania Department of Transportation (PennDOT), the
damaged part of I-95 is one of the most heavily traveled routes in the state, with around 160,000 vehicles
per day. Other roads near the incident site may also be affected to facilitate emergency response and
reconstruction activities. Detours for local and long-distance travelers have been established by PennDOT
in cooperation with the City of Philadelphia. The Southeastern Pennsylvania Transportation Authority
(SEPTA) has added extra service on several rail lines to mitigate travel problems to and through the city,
and complimentary parking has been made available at three extra stations. SEPTA has also rerouted
several bus lines because of the road closures. The reconstruction plan is to use glass aggregate backfill to
support three lanes in both directions to quickly restore essential traffic while permanent repairs proceed.
The Federal Highway Administration’s Emergency
Relief Program
The U.S. Department of Transportation (DOT) provides federal assistance for disaster-damaged roads or
catastrophic road or bridge failures due to an external cause through the Emergency Relief (ER) Program
(23 U.S.C. §125) administered by the Federal Highway Administration (FHWA). Because the I-95
overpass collapse was a catastrophic failure from an external source, the ER program is the likely source
Congressional Research Service
https://crsreports.congress.gov
IN12175
CRS INSIGHT
Prepared for Members and
Committees of Congress

Congressional Research Service
2
of federal funding. Although the ER program receives a $100 million permanent annual authorization
from the Highway Trust Fund, most of its funding is provided via supplemental appropriations, the most
recent being the $803 million provided in the Consolidated Appropriations Act of 2023 (P.L. 117-328).
As is true with most federally funded highway projects, although most of the funding is federal, the
projects are administered by state departments of transportation. This federal-state partnership facilitates a
close working relationship between state officials and the FHWA field office (there is one in every state).
Following a disaster declaration by either the governor or the President, the state files a letter of intent to
apply for ER funding with FHWA. Only repairs on federal-aid highways, such as I-95, that have suffered
damage during a declared disaster or catastrophic failure are eligible for ER assistance. Local
governments seeking aid may not apply directly to FHWA for ER funds and must apply through
PennDOT.
The ER program divides all repair work into two categories: emergency repairs and permanent repairs.
ER funds can also be used for the costs of public transportation providing temporary substitute highway
traffic service.
State transportation officials can begin emergency repairs during or immediately after a disaster or
catastrophic failure to meet the program goals to “restore essential traffic, to minimize the extent of
damage, or to protect the remaining facilities.” If the work is done within 270 days of the disaster or
catastrophic failure, then the emergency repair work is eligible for a 100% federal share. Immediately
after a disaster event, FHWA uses “quick release” allocations, which are intended as a “down payment” to
immediately provide funds for emergency operations based on preliminary assessments of damage until
the standard application may be submitted and approved. FHWA announced $3 million in quick release
ER funding to PennDOT on June 15, 2023, as an initial down payment to offset the costs of repair work.
Permanent repairs go beyond the restoration of essential traffic and are intended to restore damaged
bridges and roads to conditions and capabilities comparable to those before the event. Current law
generally limits the total cost of an ER project to the cost of repair or reconstruction of a comparable
facility, but there are exceptions for resilience features. Permanent repairs must meet bidding
requirements, although the program has a number of techniques it uses to accelerate project completion.
Permanent repairs are generally funded through periodic nationwide ER allocations. Generally, the federal
share for permanent repairs is 90% for Interstate highways and 80% for other federal-aid highways.
In addition to ER spending, the state may spend from other federal funds for further improvements or
capacity enhancements beyond reconstruction of a comparable facility.
A number of actions could be of interest to Congress. If the cost of the reconstruction of I-95 is estimated
to be extraordinarily expensive, Congress might consider providing additional funds directed to the
repairs. Congress can do this through annual appropriations legislation or via a stand-alone bill, as was
done for the Minneapolis I-35W bridge reconstruction. Congress might also consider raising the federal
share for the I-95 permanent repairs to 100%. Congress will have oversight of the federal response to the
I-95 overpass collapse as it unfolds.

Author Information

Robert S. Kirk
William J. Mallett
Specialist in Transportation Policy
Specialist in Transportation Policy

Congressional Research Service
3

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff
to congressional committees and Members of Congress. It operates solely at the behest of and under the direction of
Congress. Information in a CRS Report should not be relied upon for purposes other than public understanding of
information that has been provided by CRS to Members of Congress in connection with CRS’s institutional role.
CRS Reports, as a work of the United States Government, are not subject to copyright protection in the United
States. Any CRS Report may be reproduced and distributed in its entirety without permission from CRS. However,
as a CRS Report may include copyrighted images or material from a third party, you may need to obtain the
permission of the copyright holder if you wish to copy or otherwise use copyrighted material.

IN12175 · VERSION 2 · UPDATED