49 U.S.C. § 60106 — State pipeline safety agreements

(a) Agreements Without Certification. If the Secretary of Transportation doesn't have a certification under section 60105 from a state authority (which can include a city, for gas pipelines within the state), the Secretary can still make an agreement letting that state authority take necessary safety action. Each agreement must: (1) set up an adequate program for record-keeping, reporting, and inspection to help the state follow federal safety standards; and (2) set procedures for approving inspection and maintenance plans, similar to what section 60108(a) and (b) requires.

(b) Agreements With Certification.
(1) In general. If the Secretary accepts a state's certification under section 60105 and makes the required determination below, the Secretary can make an agreement letting that state help oversee interstate pipeline transportation — pipelines that cross state lines. The agreement must include a plan for the state to join special investigations of incidents or new construction, and may let the state take part in other oversight activities or take on more inspection or investigation duties. This doesn't change section 60104(c), and it doesn't let the Secretary hand off enforcement of interstate pipeline safety standards to a state.
(2) Determinations required. The Secretary can only make this kind of agreement after writing down findings that: (A) the agreement fits the Secretary's inspection program and the chapter's safety policies; (B) it won't hurt the state's oversight of its own in-state pipelines; (C) the state runs a program that helps communities prepare for and prevent pipeline risks; (D) the state meets the minimum standards for one-call notification under chapter 61; and (E) the planned actions won't block interstate commerce or endanger public safety.
(3) Existing agreements. If a state authority had an interstate agreement in place after January 31, 1999, and asks to keep using it, the Secretary must let it continue under those old terms — until the Secretary decides the state meets the requirements in (2) and signs a new agreement, or until December 31, 2003, whichever comes first. Still, after giving notice, a hearing, and a chance to fix problems, the Secretary can end an older agreement (one from before the Pipeline Safety Improvement Act of 2002) if: (A) the state isn't following the agreement's terms; (B) the agreement created a gap in the state's oversight of its own pipelines; or (C) the state's role in interstate oversight has hurt pipeline safety.
(4) Notice upon denial. If the Secretary turns down a state's request for an interstate agreement, the Secretary must tell the state in writing why.

(c) Notification.
(1) In general. Every agreement must require the state to promptly tell the Secretary about any violation, or probable violation, of a safety standard that the state finds while carrying out the agreement.
(2) Response by secretary. Once notified, the Secretary has 60 days to either: (A) issue an enforcement order under section 60118(b) or take other appropriate action to ensure compliance; or (B) give the state a written explanation of why the Secretary decided not to act.

(d) Monitoring. The Secretary may monitor a state's safety program to make sure it follows the agreement, and the state must cooperate.

(e) Ending Agreements.
(1) Permissive termination. The Secretary may end an agreement if the state hasn't followed any part of it.
(2) Mandatory termination. The Secretary must end an interstate oversight agreement if: (A) it created a gap in the state's oversight of its own pipelines; (B) the state's actions failed to meet the requirements in (b); or (C) the state's continued role would not help pipeline safety.
(3) Procedural requirements. Before ending an agreement, the Secretary must give the state notice and a chance for a hearing, and may let the state fix problems first. The decision to end an agreement must be published in the Federal Register and can't take effect for at least 15 days after publication — unless the Secretary finds that keeping the agreement in place would create an immediate danger.

(f) Joint Inspectors. If a state authority asks, the Secretary must let a state that's certified under section 60105 join in inspecting an interstate pipeline facility.