49 U.S.C. § 60106 : US Code - Section 60106: State pipeline safety agreements

Search 49 U.S.C. § 60106 : US Code - Section 60106: State pipeline safety agreements

(a) Agreements Without Certification. - If the Secretary of
Transportation does not receive a certification under section 60105
of this title, the Secretary may make an agreement with a State
authority (including a municipality if the agreement applies to
intrastate gas pipeline transportation) authorizing it to take
necessary action. Each agreement shall -
(1) establish an adequate program for record maintenance,
reporting, and inspection designed to assist compliance with
applicable safety standards prescribed under this chapter; and
(2) prescribe procedures for approval of plans of inspection
and maintenance substantially the same as required under section
60108 (a) and (b) of this title.
(b) Agreements With Certification. -
(1) In general. - If the Secretary accepts a certification
under section 60105 and makes the determination required under
this subsection, the Secretary may make an agreement with a State
authority authorizing it to participate in the oversight of
interstate pipeline transportation. Each such agreement shall
include a plan for the State authority to participate in special
investigations involving incidents or new construction and allow
the State authority to participate in other activities overseeing
interstate pipeline transportation or to assume additional
inspection or investigatory duties. Nothing in this section
modifies section 60104(c) or authorizes the Secretary to delegate
the enforcement of safety standards for interstate pipeline
facilities prescribed under this chapter to a State authority.
(2) Determinations required. - The Secretary may not enter into
an agreement under this subsection, unless the Secretary
determines in writing that -
(A) the agreement allowing participation of the State
authority is consistent with the Secretary's program for
inspection and consistent with the safety policies and
provisions provided under this chapter;
(B) the interstate participation agreement would not
adversely affect the oversight responsibilities of intrastate
pipeline transportation by the State authority;
(C) the State is carrying out a program demonstrated to
promote preparedness and risk prevention activities that enable
communities to live safely with pipelines;
(D) the State meets the minimum standards for State one-call
notification set forth in chapter 61; and
(E) the actions planned under the agreement would not impede
interstate commerce or jeopardize public safety.
(3) Existing agreements. - If requested by the State authority,
the Secretary shall authorize a State authority which had an
interstate agreement in effect after January 31, 1999, to oversee
interstate pipeline transportation pursuant to the terms of that
agreement until the Secretary determines that the State meets the
requirements of paragraph (2) and executes a new agreement, or
until December 31, 2003, whichever is sooner. Nothing in this
paragraph shall prevent the Secretary, after affording the State
notice, hearing, and an opportunity to correct any alleged
deficiencies, from terminating an agreement that was in effect
before enactment of the Pipeline Safety Improvement Act of 2002
if -
(A) the State authority fails to comply with the terms of the
agreement;
(B) implementation of the agreement has resulted in a gap in
the oversight responsibilities of intrastate pipeline
transportation by the State authority; or
(C) continued participation by the State authority in the
oversight of interstate pipeline transportation has had an
adverse impact on pipeline safety.
(c) Notification. -
(1) In general. - Each agreement shall require the State
authority to notify the Secretary promptly of a violation or
probable violation of an applicable safety standard discovered as
a result of action taken in carrying out an agreement under this
section.
(2) Response by secretary. - If a State authority notifies the
Secretary under paragraph (1) of a violation or probable
violation of an applicable safety standard, the Secretary, not
later than 60 days after the date of receipt of the notification,
shall -
(A) issue an order under section 60118(b) or take other
appropriate enforcement actions to ensure compliance with this
chapter; or
(B) provide the State authority with a written explanation as
to why the Secretary has determined not to take such actions.
(d) Monitoring. - The Secretary may monitor a safety program
established under this section to ensure that the program complies
with the agreement. A State authority shall cooperate with the
Secretary under this subsection.
(e) Ending Agreements. -
(1) Permissive termination. - The Secretary may end an
agreement under this section when the Secretary finds that the
State authority has not complied with any provision of the
agreement.
(2) Mandatory termination of agreement. - The Secretary shall
end an agreement for the oversight of interstate pipeline
transportation if the Secretary finds that -
(A) implementation of such agreement has resulted in a gap in
the oversight responsibilities of intrastate pipeline
transportation by the State authority;
(B) the State actions under the agreement have failed to meet
the requirements under subsection (b); or
(C) continued participation by the State authority in the
oversight of interstate pipeline transportation would not
promote pipeline safety.
(3) Procedural requirements. - The Secretary shall give notice
and an opportunity for a hearing to a State authority before
ending an agreement under this section. The Secretary may provide
a State an opportunity to correct any deficiencies before ending
an agreement. The finding and decision to end the agreement shall
be published in the Federal Register and may not become effective
for at least 15 days after the date of publication unless the
Secretary finds that continuation of an agreement poses an
imminent hazard.