Understanding DER-25: Key Updates and What They Mean for PBS Facilities

What Is DER-25?

This policy was first issued April 20, 2011, in New York State. It applies to petroleum bulk storage (PBS) facilities, including both underground (UST) and aboveground (AST) tanks, ensuring compliance with ECL Article 17, Title 10 (state law), 6 NYCRR Parts 612–614 (now 6 NYCRR Part 613), and U.S. EPA 40 CFR Part 280 (federal UST regulations). DER-25 serves as an inspection handbook for New York State Department of Environmental Conservation (DEC) staff and a reference for PBS facility owners/operators to outline what inspectors will check during compliance evaluations.

The new proposed 2025 draft policy implements the various technological and safety changes that have occurred since DER-25 was first issued. But what does this mean for facility owners/operators?

• Preparedness is key: Ensure you have up-to-date registrations, diagrams, leak-monitoring records, corrosion protection certifications, and functional overfill systems.
• Watch inspection schedules: USTs require frequent checks (weekly/monthly, 10‑day reconciliations); ASTs may need structural reviews every 10 years.
• Act quickly on violations: The draft handbook outlines precise timelines and corrective actions.
• Best management practices (BMPs) = fewer violations: Proactive recordkeeping and redundant safety systems can simplify inspections and reduce risk.

Summary of Revisions

Overall, the 2025 DER-25 guidebook provides a more modern, accurate, and efficient framework for inspections, aligning field practices with digital tools and current legal requirements. While the 2011 guidebook followed a traditional PDF structure and was based on the regulatory framework of that time (6 NYCRR Parts 612–614 and 40 CFR Part 280), the 2025 draft adopts a streamlined layout that integrates with an electronic inspection form (Survey123).

This update reflects current inspection technologies and practices used by DEC staff. The 2025 version also incorporates major regulatory changes implemented since 2015, including updates through July 2023, resolving prior discrepancies between state and federal petroleum storage regulations.

In addition to structural and regulatory improvements, the 2025 draft offers clearer inspection guidance, better organization of compliance topics, and expanded enforcement instructions. It clarifies how inspectors should respond to violations that may involve other codes—such as fire, air, or agricultural laws—strengthening coordination across regulatory areas.

The guidebook draft with all proposed revisions to DER-25 can be found here: Text of Proposed Revisions to DER-25.

How Can You Get Involved?

The DEC invites public comments on the proposed draft. If you’re involved in petroleum bulk storage—for example, if you’re a facility owner, environmental consultant, engineer, or compliance officer—your feedback on the new digital inspection format, field practicality, and regulatory clarity will help ensure the DER-25 guidance is effective and aligned with real-world conditions.

All written comments can be submitted by email to derweb@dec.ny.gov with “Comments on Proposed DER-25” in the subject line, or by mail to the NYS DEC – Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7012, attention: Jenn Dawson. The public comment period will end on Monday, August 4 at 5:00 PM.

Need help understanding how the expected changes to DER-25 will impact your operations? Walden’s tank and fuel management experts can help. Contact us at 516-559-6976 to speak with a knowledgeable consultant today.