New York UST Regulations 2026: DEC PBS Program Guide
Complete compliance guide for New York underground storage tank owners and environmental professionals
Underground Storage Tank (UST) owners and operators in New York State must adhere to comprehensive regulations enforced by the New York State Department of Environmental Conservation (NYSDEC). The state's Petroleum Bulk Storage (PBS) program, outlined primarily in 6 NYCRR Part 613, governs both underground and aboveground storage tanks with specific requirements to prevent and mitigate environmental contamination.
Key Compliance Requirements for 2026
Operator Training Updates
NYSDEC's DER-40 policy, effective April 14, 2025, mandates new training and authorization requirements for Class A, B, and C operators. Key changes include:
- Initial reauthorization required by October 17, 2025, or five years after the last valid certificate
- Subsequent reauthorizations required every five years
- Operators must now be authorized before being designated to a facility
Registration Requirements
Facilities must register with the NYSDEC if they have:
- Aggregate capacity over 1,100 gallons
- Any underground tank system storing 110 or more gallons of petroleum
- All used oil tanks, regardless of size
DER-12 policy emphasizes complete, accurate, and timely applications, as incomplete submissions will be returned and can trigger enforcement actions.
Federal Requirements
- Annual walkthrough inspections of spill buckets, containment sumps, and release detection equipment
- Periodic testing including liquid-tightness testing for spill prevention equipment every three years
- Annual testing of all electronic and mechanical components of release detection equipment
- Tanks out of service for more than twelve months must undergo permanent closure
Leak Detection and Reporting Rules
New York mandates robust leak detection methods for all UST systems:
- Weekly monitoring: Most tanks must be monitored at weekly intervals
- Continuous electronic monitoring: Fulfills weekly monitoring requirement
- Inventory monitoring: Retail motor-fuel USTs have a 10-day inventory monitoring obligation
- Monthly checks: Electronic tank monitoring systems require monthly operability checks
- Piping testing: Annual testing of automatic line leak detectors is required
Reporting Timeline
- 2 hours: Contact NYSDEC spill hotline (518-457-7362) when discovering petroleum outside the UST system
- 48 hours: Report inventory monitoring discrepancies suggesting a leak (unless attributable to non-leakage factors)
Financial Responsibility Requirements
Owners and operators of petroleum USTs exceeding 110 gallons must demonstrate financial responsibility. Acceptable mechanisms include:
- Liability insurance
- Financial test of self-insurance
- Letters of credit
- Trust funds
Note: Guarantees and surety bonds are currently not permitted in New York. Owners must maintain records at the UST site or place of business, making them available upon request.
New York Oil Spill Fund
New York State's Oil Spill Fund provides critical cleanup support:
- Financed by PBS registration fees paid by tank owners
- Used to finance cleanup efforts when responsible parties fail to act
- Provides a safety net but does not replace owner's initial financial responsibility obligations
Recent Regulatory Changes
For 2026, the NYSDEC has proposed significant revisions to the PBS regulations (6 NYCRR Part 613) to better align with federal requirements:
- Amendments to design, construction, and equipment standards
- Expanded definitions and new reporting responsibilities
- New section specifically addressing hydrant systems
- Updated DER-12 and DER-40 policies from April 2025
Practical Tips for UST Owners
- Stay Informed: Regularly check the NYSDEC website for updates to the PBS program, guidance documents, and policy changes.
- Comprehensive Training: Ensure all Class A, B, and C operators complete required training and reauthorization well in advance of deadlines.
- Diligent Recordkeeping: Maintain thorough and accurate records of all inspections, testing, leak detection monitoring, and financial responsibility mechanisms.
- Proactive Maintenance: Implement a robust preventative maintenance schedule for all UST system components.
- Understand Local Rules: Be aware that some local jurisdictions may have more stringent requirements than the state.
- Emergency Preparedness: Have a clear plan for responding to suspected or confirmed leaks, including immediate reporting protocols.
For official information and the latest updates, visit the NYSDEC Petroleum Bulk Storage Program website or check New York UST sites in our database.
Frequently Asked Questions
What are the new operator training requirements in New York for 2026?
NYSDEC's DER-40 policy requires new training and authorization for Class A, B, and C operators. Initial reauthorization was required by October 17, 2025, with subsequent reauthorizations every five years. Operators must now be authorized before being designated to a facility.
When must I report a suspected leak to NYSDEC in New York?
Contact the NYSDEC spill hotline (518-457-7362) within 2 hours of discovering petroleum outside the UST system. For inventory discrepancies suggesting a leak, you have 48 hours to report unless the discrepancy can be attributed to non-leakage factors.
How does New York's Oil Spill Fund work?
The Oil Spill Fund is financed by PBS registration fees paid by tank owners. The fund is used to finance cleanup efforts when the responsible party fails to act, but it does not replace the owner's initial financial responsibility obligations.