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 These guidance series are being updated and replaced by the DER series (DER-#).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; Final revised policy issued.
DEC is issuing revised DER-25 / Petroleum Bulk Storage (PBS) Inspection Guidebook, April 2026.
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.
The draft program policy was noticed on June 2, 2025, in the Environmental Notice Bulletin and the public comment period ended August 4, 2025. DEC received comments on DER-25 from two commenters. All comments were considered, and the final policy was approved on April 10, 2026. The following amendments were made:
- Corrected typographical errors
- Made minor clarifications regarding the following:
- protocol for scheduling inspections ahead of the site visit,
- definition of tank system, and consequently, tank system-based requirements, as it relates to compartmented tanks, siphoned tanks, and tanks with manifolded piping,
- flotation/uplift protection for tanks due to a water table rise, flooding, accumulation of water, etc.
- as with periodic tightness testing results, post-repair tightness testing for tanks/piping/ancillary equipment means sending a copy of the test results to DEC,
- who must be the Class A/B/C Operators, how many individuals per Operator Class must be designated, and where,
- applicability of the performance claims requirement for Subpart 2 leak detection equipment,
- how test boots must be configured for normal operation/leak detection, i.e., piping interstitial monitoring,
- when tank tightness testing is acceptable as periodic leak detection for Subpart 4 tanks, and
- restrictions on cathodic protection testing for sacrificial anodes.
- Restated the agency position on registering all tank system components regardless of whether they meet, do not meet, or exceed applicable regulatory requirement
- Incorporated EPA feedback on the Financial Responsibility recordkeeping table
- Renamed Tank System sections to emphasize that compatibility must be considered before any installation
- Corrected the applicability of walkthrough inspections for SP5 tank systems
- Added an Acknowledgments section
For additional assistance, please write to Jennifer Dawson, Policy Coordinator, Division of Environmental Remediation, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-7012 or e-mail [email protected] with DER-25, PBS Guidebook in the subject line.
DER-24 / Assistance for Contaminated Water Supplies
The New York State Department of Environmental Conservation (DEC) is revising DER-24 / Assistance for Contaminated Water Supplies.
The purpose of this policy is to update to DER-24 / Assistance for Contaminated Water Supplies, which was originally released on July 15, 2008. Since 2008, significant changes have occurred in the discovery and scientific understanding of emerging contaminants and their presence in the environment.
DER-24 provides guidance on determining when to sample individual water supplies within an Area of Interest (AOI) related to a program designated remedial site or spill and subsequent provision of an Alternate Water Supply (AWS), if appropriate. The policy provides DER staff with consistent procedures for developing an AOI related to a remedial site or spill that is identified as a source of contamination. It details procedures for interpreting initial drinking water results, and, if appropriate, selection, implementation, monitoring, maintenance, and discontinuation of an AWS.
The public comment period closed on February 10, 2026. Public comments are being considered.
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-31 / Green and Sustainable Remediation
The New York State Department of Environmental Conservation (DEC) is revising DER-31 / Green and Sustainable Remediation.
Purpose: DER-31 was first issued in 2010. The purpose of this policy is to provide guidance on identifying, implementing, and tracking green and sustainable remediation techniques and technologies on DEC regulated sites and guidance on complying with the Climate Leadership and Community Protection Act (CLCPA or 2019 Climate Act). The policy provides DEC staff, remedial parties, and other entities with consistent procedures for developing a green and sustainable approach to remedial sites or spills and for developing DEC regulated sites for renewable energy systems. It details procedures for developing green and sustainable remedies and for reviewing documentation of green and sustainable remedy implementation and reporting.
The public comment period closed on December 2, 2025. Public comments are being considered.
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 proposed revisions to Commissioner’s Policy (CP)-51, Soil Cleanup Guidance in June 2024. Based on public comments and the pending revisions to 6 NYCRR Part 375 to establish PFOA and PFOS cleanup objectives, DER will release a second proposed draft.
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 2024 Proposed Revisions to CP-51
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].
Issued Guidance:
- CP-43: Groundwater Monitoring Well Decommissioning Policy (PDF, 35 pages, 519 KB) - Issued 11/03/2009; Effective 12/18/2009. This Commissioner Policy addresses groundwater monitoring wells being properly decommissioned when they are no longer needed and reuse by another program is not an option, or when their integrity is suspect or compromised.
- CP-51: Soil Cleanup Guidance Policy (PDF, 21 pages, 201 KB) - Issued 10/21/2010; Effective 12/03/2010. This Commissioner Policy provides a uniform and consistent process for the selection of soil cleanup levels appropriate for each of the remedial programs in DEC. This policy is intended for the use and guidance of both DEC staff and remedial parties, and it is used in conjunction with applicable statutes, regulations and guidance.
- DER-2: Making Changes to Selected Remedies (PDF, 4 pages, 24 KB) - Revised 04/01/2008
- DER-10: Technical Guidance for Site Investigation and Remediation - Issued 05/03/2010; Effective 06/18/2010. This Program Policy provides an overview of the site investigation and remediation process for the Inactive Hazardous Waste Disposal Site Remedial Program, known as State Superfund Program; Brownfield Cleanup Program; Environmental Restoration Program; and Voluntary Cleanup Program; and for certain petroleum releases.
- DER-12: Application Review Policy for PBS and CBS Registration Applications - Issued 10/14/2005, Revised 4/14/2025. This program policy describes the application review process for the Petroleum Bulk Storage (PBS) and Chemical Bulk Storage (CBS) programs in accordance with Section 17-1009 and 40-0107 of the New York State Environmental Conservation Law.
- DER-13: Strategy For Prioritizing Vapor Intrusion Evaluations at Remedial Sites in New York (PDF, 16 pages, 56 KB) - Issued 10/18/2006
- DER-23: Community Participation Handbook for Remedial Programs (PDF, 57 pages, 623 KB) - Revised Guidance issued 01/12/2021; Effective 02/26/2021. Community Participation Support Materials for DER-23 (PDF, 63 pages, 557 KB)
- DER-24: Assistance for Contaminated Water Supplies (PDF, 17 pages, 127 KB) - Issued 07/15/2008
- DER-31: Green Remediation (PDF, 9 pages, 104 KB) - Issued 08/11/2010; Effective 09/17/2010. This Program Policy establishes a preference for remediating sites in the most sustainable manner while still meeting all legal, regulatory and program requirements. This guidance applies to all phases of the site cleanup process, from investigation through completion of remediation, for sites in the Spill Response Program, Inactive Hazardous Waste Disposal Site Remedial Program (State Superfund Program), Environmental Restoration Program, Brownfield Cleanup Program, Voluntary Cleanup Program, and Resource Conservation and Recovery Act Program.
- DER-32: Brownfield Cleanup Program Applications and Agreements (PDF, 13 pages, 102 KB) - Issued 07/28/2017; Effective 09/08/2017. This program policy provides guidance on the application process and general terms and conditions for Brownfield Cleanup Agreements (BCAs) under DEC's Brownfield Cleanup Program (BCP). It also includes guidance on the process for amending and terminating a BCA. For additional information about the application process, refer to the BCP application form (with instructions) under "How to Apply" and the standard BCA under "Brownfield Cleanup Agreement."
- DER-33: Institutional Controls - A Guide to Drafting and Recording Institutional Controls (PDF, 12 pages, 80 KB) - Issued 12/03/2010; Effective 01/14/2011. This Program Policy provides an overview of the drafting and recording of Institutional Controls (ICs) for remedial programs in DEC's Division of Environmental Remediation. This guidance applies to sites in the Inactive Hazardous Waste Disposal Site Remedial Program (State Superfund Program), Brownfield Cleanup Program, Voluntary Cleanup Program, Environmental Restoration Program, Spill Response Program, and Resource Conservation and Recovery Act Program. Related References: Model Environmental Easement and Model Deed Restriction; Model Environmental Notice (PDF, 2 pages, 19 KB)
- DER-40: Operator Training - Issued 10/9/2015, Revised 4/14/2025. This program policy provides guidance on DEC regulatory requirements under 6 NYCRR Part 613, Petroleum Bulk Storage and 6 NYCRR Part 598, Chemical Bulk Storage for training and testing of operators of certain regulated underground storage tank (UST) systems PBS and CBS facilities in NYS.
- DRAFT DER-41, Financial Assurance Guidance - DER issued draft DER-41, Financial Assurance (FA) Guidance for public comment on October 12, 2023. Based on public comments and changes to State Superfund regulations regarding FA, this proposed policy will be revised.
- Guidelines for Sampling and Analysis of PFAS (PDF, 36 pages, 2.0 MB) - Issued 01/06/2021. This document is a compilation of DER's protocols and precautions for sampling and analyzing various media. It provides guidelines for preparing Quality Assurance Project Plans, criteria for laboratory consistency, and guidelines on screening sites based on water and soil results.
