New York State Bulk Storage Updates: Registration and Operator Training Policies
On April 14, 2025, the New York State Department of Environmental Conservation (NYSDEC) released two updated program policies affecting facilities regulated under the Petroleum Bulk Storage (PBS) and Chemical Bulk Storage (CBS) programs:
1. DER-12: Application Review Policy for PBS and CBS Registration Applications
2. DER-40: Operator Training Policy for Underground Storage Tank (UST) Systems
These updates impact registration requirements and operator responsibilities. Below is a summary of both policies.
DER-12: Application Review Policy
DER-12 outlines revised procedures for the submission and review of registration applications under 6 NYCRR Part 613 (Petroleum Bulk Storage) and 6 NYCRR Part 598 (Chemical Bulk Storage). It emphasizes the importance of complete, accurate, and timely submissions. Incomplete applications will be returned, and discrepancies may prompt further investigation or inspection.
Key Takeaways:
- Application completeness is critical. Incomplete or outdated applications will now be returned with details of corrections needed.
- Based on information presented in the registration application, compliance with Part 613 will be analyzed by NYSDEC as part of the review process.
- Non-compliance identified in applications can lead to inspection or enforcement. However, the registration process will no longer be delayed by the facility’s noncompliance status.
- Applications must use current DEC forms.
- Online registration is available for PBS facilities.
- Late submissions may incur back fees and penalties.
- Owners must ensure registrations are up-to-date at all times.
- For transfer of ownership, the new facility owner is liable for registration fees starting with the purchase date.
DER-40: Bulk Storage Operator Training
DER-40 establishes training and authorization requirements for Class A, B, and C Operators of underground storage tank (UST) systems at PBS and CBS facilities. It mandates testing, reauthorization cycles, and emergency preparedness training.
Key Takeaways
- A Class A and/or B Operator designated to a facility must now be authorized prior to being designated. This is true even if a new Class A and/or B Operator had to be designated. Previously, Operators were given 30 days after designation to complete the authorization.
- Reauthorization is now required regardless of the compliance status of the facility that the operator is responsible for. The timeline is now as follows: Initial retest/reauthorization within the later of the following: October 17, 2025, or five years after the date of the last valid Operator authorization certificate; and reauthorization every 5 years after the date of the last Operator authorization certificate. Previously, reauthorization was only required if there was significant noncompliance at 1 or more facilities operating underground storage tanks.
- Reauthorization is also now required per the timeline above until the NYSDEC receives written notice and documentation that the individual is either no longer the designated Operator or inactivates their authorization.
- There is no longer reciprocity for NYSDEC Class A and/or B operator certification. Even if someone already has a valid operator training credential issued by another state, it is no longer possible to have this acceptable to the NYSDEC for a NYS Class A and/or B Operator certificate.
- Violations may trigger reauthorization or replacement of Operators.
Summary
It is important for facilities operating petroleum and/or chemical bulk storage tanks to fully understand and comply with the revised requirements introduced in these NYSDEC policies. Awareness of the updated procedures for registration, as well as operator training and authorization requirements, is essential for maintaining compliance and avoiding potential enforcement actions.
Barton & Loguidice is available to support clients with registration applications, operator training guidance, and overall regulatory compliance. Please reach out to our Environmental Engineer, Kyle Williams, P.E., for assistance tailored to your facility’s needs.