NYSDEC Issues Revised Program Policy DER-40

Did you know that NYSDEC recently updated Program Policy DER-40?

On April 14, 2025, New York State Department of Environmental Conservation (NYSDEC) Division of Environmental Remediation (DER)-40, 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 [CBS]), was revised.

What is DER-40?

DER-40 is a NYSDEC program policy that provides guidance for training and testing of certain underground storage tank (UST) systems at PBS and CBS facilities.

Why was DER-40 updated?

The NYSDEC adopted revised PBS and CBS regulations in 2023 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.” Additionally, a new requirement for retesting and recertification of Class A/B operators every five (5) years was added. Revised CBS regulations included a repeal of the former 6 NYCRR Parts 596-599 that were replaced with an amended Part 597 and new Part 598. Additionally, the definition of Category 1 and Category 2 tanks was changed.

As a follow up to these regulatory changes, the written program policies also required updates to match the regulatory updates.

What were the major recent revisions to DER-40?

The significant policy changes include:

• The process for Class A/B operator recertification is now required every five (5) years or in the case of significant non-compliance (SNC) as determined by the NYSDEC
• A direct link to online training materials

Need help with NYSDEC PBS and CBS regulations and compliance?

Walden has a breadth of expertise with respect 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.