NYSDEC Issues Revised Program Policy DER-12

Did you know that NYSDEC recently updated Program Policy DER-12?

New York State Department of Environmental Conservation (NYSDEC) Division of Environmental Remediation (DER)-12, which provides guidance regarding the regulatory requirements under 6 New York Codes, Rules, and Regulations (NYCRR) Part 613 regarding Petroleum Bulk Storage (PBS) and Part 598 regarding Hazardous Substance Bulk Storage (otherwise known as chemical bulk storage or CBS), was revised on April 14, 2025.

What is DER-12?

DER-12 is a NYSDEC program policy that establishes uniform procedures for the processing of PBS and CBS registration applications. This program policy was originally issued on October 14, 2005.

Why was DER-12 updated?

In 2023, the NYSDEC adopted revised PBS and CBS regulations with the goal of better aligning federal and state regulations. With respect to PBS, this included revised definitions of “tank categories” and “a leak or spill of petroleum into secondary containment,” along with a new requirement for retesting and recertification of Class A/B operators every five (5) years. Revised CBS regulations included a repeal of the former 6 NYCRR Parts 596-599, which were replaced with an amended Part 597 and new Part 598; also, the definition of Category 1 and Category 2 tanks was changed.

What were the major recent revisions to DER-12?

The significant policy changes include:

• A Uniform Return Letter, provided as an appendix to the policy, shall serve as a standardized response to bulk storage applications to detail nonconformance (information is incomplete and/or unacceptable) and what corrections must be made to proceed with the application
• After the bulk storage application is processed, records for the following may be requested by the DEC:
  • Site assessments for closures of underground tanks
  • Copies of spill prevention reports
  • Records of periodic sump and catch basin testing and walkthrough inspections
• A revised policy for the NYSDEC to make a best effort to process each application within 30 calendar days after it is received
• Application of back fees and late penalties

Need help with NYSDEC PBS and CBS regulations and compliance?

Walden has vast expertise with regards to PBS and CBS compliance, including bulk storage design/applications and operator designation. Give Walden a call today at 516-559-6976 for more information.