Certification
While the Federal government is primarily responsible for developing, issuing, and enforcing pipeline safety regulations, the pipeline safety statutes provide for State assumption of the intrastate regulatory, inspection, and enforcement responsibilities under an annual certification. To qualify for certification, a state must adopt the minimum Federal regulations and may adopt additional or more stringent regulations as long as they are not incompatible with the Federal regulations. A State must also provide for injunctive and monetary sanctions substantially the same as those authorized by the Federal pipeline safety statutes.
Agreement
A state agency which does not satisfy the criteria for certification may enter into an agreement to undertake certain aspects of the pipeline safety program for intrastate facilities on behalf of OPS. While the state agency under an agreement will inspect pipeline operators to ascertain compliance with Federal safety regulations, any probable violations are reported to OPS for enforcement action. Every State is currently participating by agreement in the natural gas pipeline safety program except for Alaska, Hawaii, and Idaho. Fifteen States participate by agreement in the hazardous liquid pipeline safety program. Fewer States participate in the liquid program due to the significantly lower number of miles of liquid pipelines.
Interstate Agent
Federal pipeline statutes provide for exclusive Federal authority to regulate interstate pipelines. OPS may authorize a State to act as its agent to inspect interstate pipelines, but retains responsibility for enforcement of the regulations.
Most States have supported the concept of common stewardship in pipeline safety. The resulting Federal/State partnership allows leveraging of resources to deliver a cost-effective program that has one of the best safety records in transportation.
To see states that support the federal pipeline safety regulations under Certification, Agreement or Interstate Agent status, click here for a map, or a listing.