Page:United States Statutes at Large Volume 93.djvu/1039

 PUBLIC LAW 96-129—NOV. 30, 1979

93 STAT. 1007

(2) has adopted, as of the date of the certification, each Federal safety standard established under this title which is applicable to intrastate pipeline facilities and the transportation of hazardous liquids associated with those facilities or, with respect to each such Federal safety standard established within 120 days before the date of certification, is taking steps pursuant to State law to adopt such standard; (3) is enforcing each such standard; (4) is encouraging and promoting programs designed to prevent damage to pipeline facilities as a consequence of demolition, excavation, tunneling, or construction activity; and (5) has the authority to require record maintenance, reporting, and inspection substantially the same as are provided under section 211 and the filing for approval of plans of inspection and maintenance described in section 210 and that the law of the State makes provision for the enforcement of the safety standards of such State agency by way of injunctive and monetary sanctions substantially the same as are provided under sections 208 (other than subsection (a)(2) thereof) and 209. Each annual certification shall include a report, in such form as the Report Secretary may by regulation provide, showing (i) name and address of each person subject to the safety jurisdiction of the State agency; (ii) all accidents or incidents reported during the preceding 12 months by each such person involving personal injury requiring hospitalization, fatality, or property damage exceeding $5,000 (whether or not sustained by a person subject to the safety jurisdiction of the State agency) and any other accident which the State agency considers significant, together with a summary of the State agency's investigation as to the cause and circumstances surrounding such accident or incident; (iii) the record maintenance, reporting, and inspection practiced by the State agency to enforce compliance with such Federal safety standards, including a detail of the number of inspections made of pipeline facilities by the State agency during the preceding 12 months; and (iv) such other information as the Secretary may require. The report included with the first annual certification need not show information unavailable at that time. (b) With respect to any intrastate pipeline facilities or transportation of hazardous liquids associated with those facilities for which the Secretary does not receive an annual certification under subsection (a), the Secretary may, by agreement with a State agency authorize such agency to assume responsibility for, and carry out on behalf of the Secretary as it relates to those facilities or associated transportation, the necessary actions to— (1) establish an adequate program for record maintenance, reporting, and inspection designed to assist compligince with Federal safety standards; and (2) establish procedures for approval of plans for inspection and maintenance substantially the same as are required under section 210. Any agreement executed pursuant to this subsection shall require Safety standard the State agency promptly to notify the Secretary of any violation or violation or probable violation of a Federal safety standard which it discovers as a probable violation, result of its program. notification. (c) The Secretary may conduct whatever monitoring may be neces- State program, sary of any State program established by certification or agreement monitoring. under this section to assure that such programs are being carried out in compliance with such certification or agreement. State agencies

�