258.1 Scope.

(a)This Part prescribes minimum safety standards for liquid petroleum pipeline facilities. Every liquid petroleum pipeline corporation engaged in the transportation of liquid petroleum via pipeline within the State of New York is to comply with the rules set forth in this Part.#

(b)The rules and regulations of this Part are considered adequate for safety under conditions normally encountered in the liquid petroleum industry. However, these rules and regulations cannot specifically provide for all abnormal or unusual conditions; nor can they specifically detail all methods for achieving compliance. Approved alternate methods may be used provided that all work performed within the scope of this Part shall meet or exceed the safety standards expressed or implied herein.#

(c)If a waiver of or deviation from the application of any rules prescribed in this Part is indicated because of special facts, application may be made to the department for a waiver of or deviation from any rule in this Part. Each application shall include a full and comprehensive justification for the requested waiver or deviation.#

(d)Except where otherwise indicated, this Part is not applied retroactively to existing installations insofar as design, fabrication, installation, and testing are concerned. The provisions of this Part are, however, applicable to existing facilities that are reconstructed, relocated, or reactivated, or that are considered for an increase in maximum operating pressure.#

(e)This Part does not apply to:#

(1)transportation of liquid petroleum through interstate pipelines regulated under 49 CFR 195;#

(2)liquid petroleum refining, handling, processing, transfer, or storage facilities licensed under article 12 of the Navigation Law or registered under 6 NYCRR Part 612 including pipelines, or portions thereof, within the property boundaries of such facilities; and#

(3)liquid petroleum production facilities.#