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“Caution is the eldest child of wisdom.”
- Victor Hugo
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Writing by Michael Chase, Drawings by Jenny Hershey
After a very satisfying ride across Alabama and Mississippi and the extraordinary delta country of eastern Mississippi and Arkansas (the subjects of Post 1 in this series), we headed toward the Arkansas River and the Conway/Little Rock region of Arkansas. The Adventure Cycling Association has created an extraordinary tour of the Ozarks out of Little Rock that features northern and southern loops collectively called the Arkansas High Country Route.
Confidant that climate-related stories are now to be found anywhere and everywhere, we already knew about the deadly tornadoes of March 31, 2023, that had moved through a large portion of the south and midwest, including a particularly devastating tornado that hit North Little Rock, only one week after the Amory, Rolling Fork and Silver City tornadoes in Mississippi. Although we didn’t see the neighborhoods in North and West Little Rock devastated (nor the shopping center that took out a Trek Bike Shop, among other businesses), we saw large swaths of park damage on both sides of the Arkansas River. The North Little Rock tornado had winds up to 165 mph and a path length spanning 20-25 miles, which is unusually large. We thought we would likely see more tornado destruction (see Part 1 in this series). However, on our way to Lake Maumelle from Little Rock, we discovered a different water-related climate story that captured our interest.
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Mayflower, Arkansas, is a small suburban development nestled between North Little Rock and Conway. You might remember the Pegasus Pipeline oil spill in 2013. Owned by ExxonMobil, and used to carry Canadian tar sands oil to the Gulf Coast, it ruptured and dumped approximately 10,000 gallons of tar sands oil into the Mayflower Northwoods subdivision.
Jenny and I were intrigued by this story (and its lack of a resolution, which I will get to later), so we chose to bike to Mayflower, Arkansas, to see the site of the spill for ourselves. Not surprisingly, ten years later there are no telltale signs of the spill short of a pipeline identification pole (see photo below). Yards blackened by oil that we had seen in other pictures are now green with grass and homes evacuated shortly after the spill look intact and peaceful with pickups and SUVs in the driveways. Among the only visible reminders of the leak are a couple of vacant plots on each side of a cul-de-sac at the corner of the neighborhood closest to the pipeline.
Most of the residents that live in the subdivision now did not live there in 2013. According to an article in the Arkansas Democrat-Gazette, Meggie Hardcastle, who recently moved into a home near the spill site, said most people living on her street were also new to the area. Of the two locals we talked to, one had heard nothing about the possibility of the pipeline starting up again, and the other believed the entire pipeline had been replaced. Sadly, they are both wrong; I explain why later in this story.
Things were very different when the spill occurred. It required an immediate evacuation of 22 homes, killed hundreds of animals, and severely impacted the surrounding wetland habitat near the subdivision. Fortunately, the spill was rapidly contained through the efforts of fast-acting first responders, including firefighters, city employees, county road crews, and local police, who successfully blocked culverts to stop the oil from getting into the water system of nearby Lake Conway (an area enjoyed for its natural beauty and recreational opportunities).
Back in the Northwoods subdivision, a few hundred people were sickened by an odor that was almost thick enough to feel; the spilled oil was bitumen mixed with diluted hydrocarbons. Residents complained about headaches, diarrhea, swollen eyes, dry heaves, and burning lungs. But the full extent of the medical consequences didn’t come to light until 2017 when 708 pages of documents were finally released by the federal pipeline safety regulator known as the Pipeline and Hazardous Materials Safety Administration (PHMSA) after a protracted court battle where PHMSA and ExxonMobil squared off with a nonprofit watchdog group, the Pipeline Safety Trust.
Sealed depositions obtained by the trust detail the true depth of health concerns after the spill. More than two dozen Mayflower residents described serious physical and mental harm suffered due to the oil spill. Residents tossed out furniture and ripped up carpets that had become hopelessly steeped with the stench of oil. They talked about the unexplained death of pets and how they became afraid even to take walks through their neighborhood.
Settlements between homeowners, sickened residents, and ExxonMobil took years. The Arkansas Democrat-Gazette reported that, as part of its effort to address the spill, ExxonMobil ultimately purchased and rebuilt 31 homes in the subdivision and demolished at least three. It took the court system about six years to reach a final accounting. Along the way, PHMSA filed violations against ExxonMobil and attempted to fine them. For years before the Mayflower disaster, ExxonMobil had conducted multiple tests which uncovered more than ten ruptures or leaks along the pipeline. According to PHMSA, ExxonMobil failed to address those concerns, although the reports are still unavailable to the public, and the complaint is shrouded in secrecy. However, a federal appeals court sided with ExxonMobil when the oil giant stated, “There is no proof its actions contributed to the spill.” Then, in a ruling that astonished me when I read about it, the court found that ExxonMobil had followed the law in conducting adequate inspections and analysis in accordance with federal regulations and that“despite adherence to safety regulations and guidelines, oil spills still do occur.”
Think about that. The court essentially ruled that pipelines DO and WILL fail - just like any other form of plumbing. Yet, when they do, operating companies may not be held culpable. If they have followed regulatory laws (often legislated by federal and state governments that are anti-regulatory) and the pipelines fail, operators can walk away scot-free. Unfortunately, when that happens, the public is stuck with a lasting burden of recovery that goes well beyond token gestures of compensation by offending parties.
I wish I could say that such outcomes create greater awareness among the public that weak regulations and self-interested companies are not to be trusted. Companies will do what is right for them, but not necessarily what is right. If the law won’t stop them and they can make money doing it, they will do as much damage as possible until a disaster unfolds. Yet, I am often struck by the passivity of those at risk, like the Northwoods resident who lived through the previous spill and assumes the pipeline will never be used again.
In the fall of 2019, after Energy Transfer Partners (ETP) had purchased the pipeline from ExxonMobil and renamed it the Permian Express Pipeline, they notified Central Arkansas Water that they planned to start testing it again for potential use. Central Arkansas Water is the utility that supplies drinking water to approximately half a million residents in the Little Rock metropolitan region. It draws water from the Lake Maumelle watershed and smaller tributaries fed by the Maumelle River. Built in the late 1940s (well before the Northwoods subdivision existed), ETP’s newly named Permian Express Pipeline also skirts along 13 miles of shoreline of Lake Maumelle. Along this stretch, the pipeline crosses bodies of water, including tributary streams and wetlands at 13 points. In addition, several sections of pipe near the lake are above ground, making them more susceptible to damage.
Surprisingly, ETP is not required by law to disclose whether it conducts tests or if it reopens the pipeline. Notifying the water utility about its intention to conduct tests suggests the company is interested, at least, in the appearance of good public relations. However, it has not been willing to divulge its long-term intentions. The water utility and various community environmental groups have openly worried that the company might consider reopening the pipeline. After all, the stakes are quite high - a pipeline failure within the Lake Maumelle watershed could have catastrophic consequences for the half million people who use the water supply.
In 2020, officials from Central Arkansas Water sent letters to ETP offering to discuss the potential purchase of the section of pipeline that runs through the watershed, but they never heard back.
The most recent accounting of what might happen with the pipeline is an article in the Arkansas Democrat-Gazette, dated March 27, 2023 (ironically, on the same weekend that media was hyper-focused on the North Little Rock tornado). The Gazette interviewed Raven Lawson, the watershed protection manager at Central Arkansas Water, who said, “The possibility of the pipeline reopening is a top concern.” If oil begins to flow through the pipeline again, Lawson said she believed it would not be a question of "if" but "when" the conduit would rupture again. However, Max Shilstone, director of government affairs for ETP, told Central Arkansas Water in a letter dated May 23, 2022, that his company has "no plans to bring the pipeline back into service at this time." Shilstone said "current market conditions" did not warrant restarting the conduit but noted his company would "continue to maintain the pipeline in a safe, idle condition. Should circumstances involving the pipeline and its future use change, we will communicate with interested parties, of which Central Arkansas Water would be included.”
So, the people who use Central Arkansas Water must wait passively, trusting that ETP will do the right thing. Let’s hope it goes that way. I think it’s unlikely that ETP has plans to run oil through the Permian Express Pipeline. They are more likely to use the pipeline to transport liquified natural gas (LGN) to the Gulf Coast. A methane leak would be less harmful to waterways, making public relations issues more manageable (methane emission disasters are harder to detect and less likely to gain media attention).
However, I think it is even more likely that ETP is quietly testing the pipeline as they bide their time until they can use the pipeline to transport CO2 or hydrogen. Unless the GOP's recent budget ploy successfully results in repealing the recent hike in 45Q tax credits as provided by the Inflation Reduction Act (see our recent blog post for an explanation), the financial rewards for transporting those materials may be quite remunerative. And while that effort might help decarbonization efforts, they are also largely untested and may include unintended consequences. Like you, I would much rather deal with pollution accidents resulting from efforts to decarbonize. But it’s also important that we understand the risk profile for anything we transport, and right now, there is much about carbon and hydrogen transport and storage that is not understood.
But I’m willing to make a solid bet the ETP didn’t purchase the Pegasus Pipeline, so it can lay idle. It’s only a matter of time before it is back in use. And considering that it is over 70 years old and the relaxed regulatory rules under which it is governed, it’s only a matter of time before Little Rock’s drinking water supply is again threatened.
Stay vigilant! Thanks for reading. If you haven’t done so, please subscribe to this blog to follow our next biking trip.
Blog writing by Michael Chase. Drawings by Jenny Hershey. Unless credited or otherwise noted, all material is the copyrighted property of the blog post authors.