Remediation Guidance And Policy Documents

Program Policies issued by the Division of Environmental Remediation (DER) include Technical and Administrative Guidance Memorandums (TAGMs), Spill Technology and Remediation Series (STARS), Spill Prevention Operations Technology Series (SPOTS) and the Spill Guidance Manual (SGM). These guidance series are being updated and replaced by the DER series (DER-#).

Proposed Guidance:

DER-25 / Petroleum Bulk Storage (PBS) Inspection Guidebook; Notice of Public Comment Period for Revisions to Program Policy

The New York State Department of Environmental Conservation (DEC) is revising DER-25 / Petroleum Bulk Storage (PBS) Inspection Guidebook.

Purpose: DER-25 was first issued on April 20, 2011. The purpose of this policy is to provide personnel with guidance on how to conduct an inspection at a PBS facility in accordance with the PBS regulations in 6 NYCRR Part 613, and by extension, the federal Underground Storage Tank regulations in 40 CFR 280. This guidebook addresses inspections for both underground and aboveground storage tanks at these PBS facilities.

The policy provides guidance on consistent procedures for inspecting PBS facilities, as well as consistent interpretation and application of the PBS regulations. While owners/operators of PBS facilities are not the target audience of DER-25, they will benefit from the guidance by knowing which compliance items DER staff will evaluate during PBS inspections.

Revisions include:

  • Updated to match current inspection practices
  • Incorporated the new (electronic) PBS Inspection Form based on Survey123
  • Structured to match the 2023 PBS regulations
  • Addressed any recently discovered issues, as well as any lingering discrepancies between 40 CFR 280 and Part 613 (and associated stances, respectively)
  • Specified parallel and/or superseding Codes/regulations (in case the inspector observes possible violations that need to be referred to another agency)

The public comment period will end on Monday, August 4 at 5:00 PM.

Text of Proposed Revisions to DER-25 (PDF)

Red-line Strike-out Document Comparing April 2011 issued DER-25 versus June 2025 Proposed Revisions (PDF)

The public is invited to submit written comments on the proposed policy through 5:00 p.m. on August 4, 2025.

Submit written comments as follows: 

By e-mail to [email protected]

Please include "Comments on Proposed DER-25" in the subject line of the email; or

By mail to the NYS DEC - Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7012, attention: Jenn Dawson

Requests for information on the proposed policy may be directed to Jenn Dawson, NYS DEC - Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7012, E-mail: [email protected].

CP-51, Soil Cleanup Guidance – DER is issuing revisions to Commissioner’s Policy (CP)-51, Soil Cleanup Guidance for public comment.

PURPOSE: CP-51 was first issued in October 2010. The policy describes the procedures for developing soil cleanup levels for remedial programs administered by the New York State DEC Division of Environmental Remediation (DER) that are not otherwise listed in the Soil Cleanup Objective tables published in 6 NYCRR Part 375, Environmental Remediation Programs.

Revisions include:

  • Guidance values for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) are provided.
  • Updated guidance values on polychlorinated biphenyl (PCB) cleanups to be consistent with the U.S. Environmental Protection Agency’s cleanup criteria.
  • Updates to the supplemental soil cleanup objectives in Table 1.
  • Values for ecological resource and protection of groundwater are revised and the basis for the new values is included in an appendix.
  • Residential values previously included in Table 1 were based on outdated criteria and procedures and have been removed. New cleanup values for those contaminants will be developed.
  • Various other amendments to incorporate needed changes, clarifications, and modifications to the policy based on experience gained since the policy was first implemented.

Text of Proposed Revisions to CP-51

Red-line Strike-out Document of Comparing October 2010 issued CP-51 versus June 2024 Proposed Revisions

Combined Appendices, A-E A revised document correcting a typo in the values for 1,2,4-Trimethylbeneze and 1,3,5-Trimethylbenzene in Tables 2 and 3 was re-posted on June 25, 2024.

Requests for information on the proposed policy may be directed to Jenn Dawson, NYS DEC - Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7012, E-mail: [email protected].

DER-41, Financial Assurance Guidance - DER issued DER-41, Financial Assurance (FA) Guidance for public comment on October 12, 2023. Public comments on this policy are being reviewed. 

PURPOSE: This program policy provides guidance to project managers and remedial parties to ensure that financial funding is available for the continued Operation, Maintenance, and Monitoring (OM&M), and enforcement of institutional or engineering controls required by a Decision Document and/or a Consent Order. These controls are necessary for the continued protection of public health and the environment. At a minimum, FA will be required as part of the remedial alternative if: the present worth of the OM&M costs are greater than three million dollars; or it is anticipated that the selected remedy will require OM&M for greater than 10 years.

Text of Proposed DER-41

Text of Proposed FA Instruments

Requests for information on the proposed policy may be directed to Jennifer Dawson, NYS DEC - Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7012, E-mail: [email protected].

Issued Guidance:

 
Contact for this Page

Division of Environmental Remediation
625 Broadway
Albany, NY 12233

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