Which Fuel Compliance Regulations Apply to Your Facility? The Complete 2026 Guide

If you’re responsible for fuel storage at any kind of facility — a hospital, a data center, a gas station, a fleet yard — you already know compliance isn’t optional. What you might not know is exactly which regulations apply to you, or how many of them overlap.

That’s because fuel compliance in the United States doesn’t come from a single authority. It comes from a patchwork of federal agencies, industry standards bodies, accreditation organizations, and state programs — each with their own requirements, testing schedules, and penalties.

Most facility managers we work with are aware of one or two regulations. Almost none are aware of all of them. And the ones they’re missing are often the ones that trigger the largest fines.

This guide maps out every major fuel compliance regulation by facility type, explains how they overlap, and gives you a clear path to figuring out which ones apply to your operation. Or, if you want the fast answer, try our free Compliance Genius assessment tool — it maps your specific facility to its exact compliance requirements in under 2 minutes.

Federal Regulations

EPA SPCC — 40 CFR 112

The Spill Prevention, Control, and Countermeasure (SPCC) rule is the most widely applicable federal fuel regulation. For a deep dive — including the self-certified vs. PE-certified decision, common violations, and recent enforcement — see our dedicated guide: Do You Need an SPCC Plan? It’s administered by the EPA and applies to any facility that stores oil (including diesel fuel, gasoline, and used oil) above certain thresholds:

• Above-ground storage (AST): Total capacity greater than 1,320 gallons

• Underground storage (UST): Total capacity greater than 42,000 gallons

If your facility hits either threshold, you need:

• A written SPCC Plan (reviewed and updated every 5 years, or whenever the facility changes)

• Professional Engineer (PE) certification of the plan if total capacity exceeds 10,000 gallons

• Annual personnel training on oil-handling procedures and spill response

• Secondary containment for all storage tanks

• Regular tank inspections

Penalties: Civil penalties exceeding $59,000 per day per violation (adjusted for inflation under 40 CFR 19.4 — the original statutory $25,000/day has been updated multiple times since 1990). Gross negligence or willful violations can reach $236,000+ per day. The EPA doesn’t need a spill to occur — simply not having a current SPCC plan is a violation.

Who this applies to: Virtually every facility type with fuel storage above the thresholds. Hospitals, data centers, fleet yards, gas stations, industrial plants, government facilities, and commercial buildings with backup generators and day tanks.

CMS Emergency Preparedness Rule

The Centers for Medicare & Medicaid Services (CMS) Emergency Preparedness Rule applies to all 17 types of Medicare and Medicaid participating providers, including:

• Hospitals

• Long-term care facilities

• Dialysis centers

• Ambulatory surgery centers

• Home health agencies

The rule requires facilities to maintain an emergency preparedness program that includes:

• An emergency plan based on risk assessment

• Policies and procedures for emergency operations

• A communication plan

• Training and testing — including at least two emergency preparedness exercises per year (one full-scale or functional, one can be tabletop)

For fuel compliance specifically, CMS requires facilities to demonstrate they can maintain operations during an emergency. For most healthcare facilities, this means having a plan demonstrating the ability to sustain operations for 96 hours — including fuel supply, delivery contracts, and contingency plans for extended outages. (Note: CMS requires planning for 96 hours of operations, not necessarily stockpiling 96 hours of fuel on-site.)

This is where CMS and NFPA 110 intersect. CMS doesn’t define how to test your generator — it references NFPA 110 for that. But CMS does define the emergency preparedness framework your facility must have in place.

Industry Standards: NFPA

NFPA 110 — Emergency and Standby Power Systems

NFPA 110 (current edition: 2025) is the technical standard governing emergency power supply systems (EPSS). It’s published by the National Fire Protection Association and commonly adopted by fire marshals, building codes, and accreditation bodies.

If your facility has a backup generator, NFPA 110 likely applies. It defines:

Testing requirements:

The #1 missed item from NFPA 110: fuel quality testing. Most facilities test their generators regularly but never test the fuel inside. Diesel fuel degrades over time — water intrusion, microbial growth, and sediment buildup can cause generator failure at the exact moment you need it most. Annual fuel quality testing per ASTM D975-24 is required by NFPA 110 but consistently overlooked.

NFPA 30 — Flammable and Combustible Liquids Code

NFPA 30 governs the storage, handling, and use of flammable and combustible liquids. It’s primarily relevant for:

• Retail fuel stations (UST and AST design, installation, maintenance)

• Fleet fueling operations

• Industrial facilities with bulk fuel storage

• Any facility storing gasoline, diesel, or other combustible liquids

NFPA 30 is typically enforced by local fire marshals through the building permit and inspection process.

Accreditation Bodies

Joint Commission EC.02.05.07

The Joint Commission (formerly JCAHO) is the primary accreditation body for hospitals and healthcare systems in the United States. Standard EC.02.05.07 specifically addresses emergency power systems.

For Joint Commission-accredited facilities, the requirements include:

• Monthly generator testing with simulated power loss

• Monthly transfer switch testing

• Monthly battery testing

• Annual 4-hour load bank testing (or 36-month per NFPA 110)

• Complete documentation of all tests and maintenance

Joint Commission surveyors review generator compliance during unannounced accreditation surveys (typically every 30–36 months). Loss of accreditation means loss of Medicare reimbursement — the financial stakes are enormous.

Joint Commission requirements largely reference NFPA 110, but the accreditation adds a documentation and survey-readiness layer that goes beyond the technical standard.

Alternative accreditation: Some healthcare facilities use DNV-GL accreditation as an alternative to Joint Commission. DNV-GL has its own emergency power requirements, though they generally align with NFPA 110.

The Overlap Problem

Here’s where it gets complicated. Most facilities don’t face just one regulation — they face several, from different authorities, with overlapping but not identical requirements.

Based on the data from our Compliance Genius assessment tool (which maps 7 regulations, 17 compliance tests, and 7 facility types), here’s how the regulations typically stack up:

“Maybe” means it depends on your specific equipment, capacity, and location. A commercial building with a small day tank under 1,320 gallons may not trigger SPCC. A fleet operation with generators and bulk fuel storage hits both NFPA 110 and NFPA 30.

The healthcare row is the worst. A hospital with underground fuel storage in Washington state could face six or more overlapping regulatory programs simultaneously — EPA SPCC, NFPA 110, NFPA 30, Joint Commission, CMS, and state UST regulations. Each has its own testing schedules, documentation requirements, and enforcement mechanisms.

For a deep dive into healthcare compliance specifically, see our guide: Healthcare Generator Fuel Compliance: What Joint Commission, CMS & NFPA 110 Actually Require.

The State-Specific Layer

Everything above is federal or national in scope. But federal regulations are the floor, not the ceiling. Most states add their own requirements on top.

Washington State is a prime example of how complex state-level regulation gets. The Washington Department of Ecology oversees more than 8,500 tanks at over 3,400 facilities statewide — and runs three separate fuel tank regulatory programs under WAC 173-360A:

1. WA DOE UST Annual Program — Electronic monitoring, line leak detection testing (every 12 months)

2. WA DOE UST Triennial Program — Cathodic protection, line tightness, overfill, secondary containment, spill bucket testing (every 36 months)

3. WA DOE UST 5-Year Program — Tank tightness testing (precision tank test every 60 months)

That’s three separate testing cycles, managed by the same state agency, on top of whatever federal regulations already apply. And Washington’s requirements in some areas exceed the federal baseline — for example, secondary containment testing requirements for piping installed after October 1, 2012.

For the full breakdown of Washington-specific requirements, see our guide: Washington State Fuel Tank Compliance: UST, AST & Environmental Regulations Explained. You may also find our existing guide helpful: Understanding Fuel Tank Inspections in Washington State.

Oregon takes a different approach. Rather than multiple overlapping programs, Oregon DEQ runs a single EPA-approved UST program under OAR 340-150 — but adds stricter administrative requirements: mandatory licensed testers, $325/tank annual fees, 24-hour failure reporting, and a “green tag” registration system that can halt fuel deliveries to non-compliant facilities. For the full Oregon breakdown, see: Oregon Fuel Tank Compliance: UST, AST & DEQ Regulations Explained.

Other states with notably complex fuel tank regulations include California (CUPA program), Florida (DEP storage tank program), and Texas (TCEQ PST program). Each state adds its own testing requirements, registration fees, financial responsibility rules, and cleanup standards.

How to Figure Out What Applies to You

Step 1: Inventory Your Equipment

List every piece of fuel-related equipment at your facility:

• Generators (size, fuel type)

• Above-ground storage tanks (number, capacity, fuel type)

• Underground storage tanks (number, capacity, fuel type)

• Day tanks

• Transfer switches

• Fuel distribution piping

Step 2: Calculate Total Capacity

Add up your total fuel storage capacity. This determines whether EPA SPCC applies (>1,320 gal AST or >42,000 gal UST).

Step 3: Identify Your Accreditations

If you’re a healthcare facility: Are you Joint Commission accredited? DNV-GL? Do you participate in Medicare/Medicaid (CMS)?

Step 4: Check Your State

Look up your state’s specific UST and AST programs. Most states have a designated agency (usually the Department of Ecology, Environmental Quality, or equivalent) that manages tank registration and compliance.

Step 5: Map the Overlaps

This is the hard part — and it’s exactly what our Compliance Genius tool does automatically.

Use Compliance Genius — Free Assessment

Select your state, facility type, and equipment. In under 2 minutes, you’ll get a personalized compliance map showing every regulation that applies, every test you need, and every schedule you should be tracking.

Already know your compliance requirements but unsure about your fuel condition? Check your Fuel Readiness Score — our free assessment evaluates whether your fuel systems are ready for an emergency.

The Cost of Not Knowing

The financial exposure from fuel compliance gaps is significant:

The most expensive compliance problem isn’t the fine — it’s the one you didn’t know about until an inspector or surveyor showed up.

Frequently Asked Questions

Q: Do I need an SPCC plan if I only have a small generator day tank? A: If your total above-ground oil storage capacity exceeds 1,320 gallons, yes. This includes the generator’s built-in tank, any day tanks, used oil tanks, and any other oil storage. Many facilities are surprised to learn they’re over the threshold when they add everything up.

Q: Does NFPA 110 apply to non-healthcare facilities? A: Yes. NFPA 110 applies to any facility with emergency or standby power systems. Data centers, government buildings, commercial high-rises, and industrial facilities are all commonly subject to NFPA 110, typically enforced through local fire codes.

Q: How often do I need to test my generator? A: Under NFPA 110: monthly load tests (30 min at ≥30% nameplate), monthly transfer switch tests, weekly visual inspections, monthly battery tests, and a 4-hour load test every 36 months. Healthcare facilities under Joint Commission face additional documentation requirements.

Q: What’s the difference between Joint Commission and CMS requirements? A: CMS sets the federal regulatory requirements for Medicare/Medicaid participation. Joint Commission is a voluntary accreditation body that most hospitals use to demonstrate CMS compliance (and more). Joint Commission requirements generally meet or exceed CMS requirements. You can be CMS-compliant without Joint Commission, but most hospitals pursue Joint Commission accreditation because it provides “deemed status” for CMS.

Q: Do state regulations override federal ones? A: States can be more stringent than federal requirements, never less. You must comply with both. In practice, this means your compliance program needs to meet whichever standard is stricter — state or federal — for each specific requirement.

FuelCare provides fuel system compliance testing, inspection, and management services across the Pacific Northwest. Our Compliance Genius tool maps your specific facility to its exact compliance requirements — try it free or contact us for a consultation.