Exxon Mobil has asked that integrity assessment records for the portion of the Pegasus pipeline that travels under the Lake Maumelle Watershed be protected from disclosure under the federal Freedom of Information Act, according to a letter sent to watershed stakeholders Friday.
The letter from the federal Pipeline and Hazardous Materials Safety Administration was sent in response to a request for information from the state’s congressmen and local political leaders. The request also asked for help with possibly moving about 13.5 miles of pipeline from underneath the watershed - central Arkansas’ largest source of drinking water, serving more than 400,000 residents.
The leaders from Little Rock, North Little Rock, Pulaski County, Central Arkansas Water and several congressional offices also asked for help ensuring that the pipeline under the watershed was safe in the wake of the March pipeline rupture that spilled more than 100,000 gallons of oil into a Mayflower neighborhood and into the cove of Lake Conway.
The letter sent Friday from an administration spokesman released several pieces of information, including a history of pipeline leaks and ruptures in other areas and an approved emergency response plan. Little Rock officials said those attachments were unavailable late Friday but would likely be available today.
The letter also said that the administration did notkeep some of the requested information on file, including operator integrity management results and integrity management plans, which are reviewed during periodic inspections.
It also said that a metallurgical test of the failed Mayflower pipeline is not available because Exxon Mobil has asked for and was granted an extension for that testing. Exxon Mobil said in previous interviews that a new deadline for that report will be July 10.
“We already were made aware that information would not be available at this time in previous conversations,” said Little Rock Mayor Mark Stodola on Friday. “This has been the status quo response from them.”
Stodola said several things in the response gave him concern, including a statement that once the administration determines the company has adequately repaired the pipeline and met all of the safety requirements, Exxon Mobilwill be allowed to restart the pipeline at an 80 percent pressure capacity.
He said Exxon Mobil agreed several years ago to install at least one additional cut-off valve along the portion of pipeline that runs through the watershed, which has not been done. Several other issues, including reburying portions of the pipeline that have been uncovered by erosion, also have not been resolved, he said.
“The letter implies if they are allowed to start it back up, then it’s safe,” Stodola said. “I’m not convinced of that at this time.”
The biggest issue for many of the stakeholders involved in the watershed pipeline discussion was Exxon Mobil’s request not to release the integrity assessments. Republican U.S. Rep. Tim Griffin, who had not seen the letter when he was reached late Friday, said he planned to convene representatives from the stakeholders this week to write a letter to the administration protesting the oil company’s nondisclosure request.
“I believe Exxon needs to be transparent and the publicneeds to know and the community leaders need to know so that we can do everything in our power to make sure the water source for more than 400,000 Arkansas is safe,” he said. “We need to know the information and I’m going to do everything I can to get it.”
In the letter, the administration spokesman writes that, “ExxonMobil has requested confidential treatment of the records claiming that they are protected from disclosure under FOIA. We are analyzing ExxonMobil’s June 10, 2013 letter objecting to the release of records.”
If the administration decides to release the integrity assessments, the letter says that the administration must first notify Exxon Mobil, “within a reasonable number of days of the planned disclosure.” The letter does not define how many days are considered “reasonable.”
Both Stodola and Pulaski County Judge Buddy Villines agreed with Griffin’s stance that the records should be made public. Villines said he planned to speak with the county attorney today.
“Those were tests run in2010 and in February 2013, and I do think we should be entitled to see them,” Stodola added. “Depending on those results it would be to their benefit to release them. If it’s not to their benefit, then there’s even more reason we should be allowed to see them.”
The watershed stakeholders also sent letters and requests to Exxon Mobil asking for the pipeline to be moved and for other assurances. Company representatives had not responded in writing as of Friday.
The Arkansas attorney general’s office and the U.S. Department of Justice filed a lawsuit earlier this month against Exxon Mobil Pipeline Co. and Mobil Pipeline Co. - subsidiaries of Exxon Mobil. The lawsuit, filed at the request of the Arkansas Department of Environmental Quality and the U.S. Environmental Protection Agency, accuses the companies of violating the Arkansas Water and Air Pollution Control Act, the Arkansas Hazardous Waste Management Act, the federal Oil Pollution Act and the federal Clean Water Act.
Northwest Arkansas, Pages 7 on 06/24/2013