Are FOG regulations federal or local?

Both. The US EPA sets pretreatment standards under 40 CFR Part 403 that require publicly owned treatment works (POTWs) to control non-domestic FOG discharges. States adopt plumbing codes (IPC or UPC) that govern grease trap installation. Cities and counties write the specific ordinances that dictate pumping frequency, permits, and fines. In practice, your local wastewater utility handles enforcement.

Has FOG enforcement increased in 2026?

Yes, in most major US metros. Cities including Houston, Los Angeles, New York, and Miami have raised fines and expanded inspection programs since 2024, largely driven by federal Clean Water Act consent decrees targeting sanitary sewer overflows. Annual FOG-related fines across US cities now exceed $100 million in aggregate.

FOG Regulations in the US: The 2026 Overview

TL;DR — FOG compliance in the US is layered: EPA sets minimum pretreatment standards, states pick a plumbing code (IPC or UPC) that governs installation, and cities set the pumping schedule, permit, and fine rules that restaurants actually deal with. In 2026, enforcement has tightened in most major metros following federal Clean Water Act consent decrees.

The Three-Layer Regulatory Stack

Every grease trap in the United States is regulated by a three-layer stack. Most restaurant owners only interact with the bottom layer, but understanding all three helps when a dispute arises or when rules seem contradictory.

Layer 1: Federal (EPA)

Under 40 CFR Part 403, the U.S. Environmental Protection Agency requires publicly owned treatment works (POTWs) to control non-domestic discharges, including FOG, through approved pretreatment programs. The EPA does not directly regulate individual restaurants — instead, it requires each POTW to have a program that does. Violations of a POTW's FOG rules can be prosecuted as federal Clean Water Act violations, with penalties up to $25,000 per day per violation under current 2026 inflation adjustments.

Layer 2: State Plumbing Code

Each state adopts a model plumbing code. Roughly 35 states use the International Plumbing Code (IPC), including Texas, New York, Georgia, Ohio, and Illinois. Remaining states — California, Washington, Oregon, Minnesota, Idaho, and others — use the Uniform Plumbing Code (UPC). The state code determines how grease interceptors are sized, where they must be installed, and minimum capacity thresholds. See our state regulations database for the code applied in your jurisdiction.

Layer 3: Local Ordinance

Cities and counties write the ordinances that matter most to restaurant operators: how often traps must be pumped, whether a FOG permit is required, the permit fee, fine schedules, record-keeping rules, and hauler licensing. Local rules can be (and often are) stricter than the state code. A city can require a 1,500-gallon minimum interceptor even if the state code would allow 1,000 gallons. A city can require monthly pumping even if nothing in state law says so.

What's Changed Since 2024

Several trends have defined FOG enforcement over the past 24 months:

Consent decree wave. The EPA has entered or enforced Clean Water Act consent decrees with POTWs in Atlanta, Baltimore, St. Louis, Pittsburgh, and several Los Angeles County sanitation districts. Each decree requires stricter pretreatment enforcement at the restaurant level.
Fine schedule increases. New York City, Los Angeles, and Miami have raised FOG violation fines by 25 to 100 percent since 2024.
Permit fee hikes. Houston, Dallas, and Phoenix increased annual FOG permit fees in 2025 to fund expanded inspection programs.
Digital manifest rules. Several major cities now require licensed haulers to file electronic disposal manifests. Paper manifests alone no longer satisfy documentation rules in these jurisdictions.
Expanded BMP training requirements. Best Management Practices training is now mandatory in roughly 30 percent of major US cities, up from under 10 percent in 2022.

Who Faces the Highest Compliance Burden

Not all restaurants face the same rules. The strictness of your FOG obligations depends on three factors:

Your city. Houston, Los Angeles County, Miami-Dade, and New York are consistently in the strictest tier. Rural and smaller municipalities are typically more lenient.
Your establishment type. Full-service restaurants with fryers and grills face the strictest rules. Fast food chains, institutional kitchens, and commissaries are close behind. Coffee shops, bakeries, and ice cream parlors often get lighter treatment.
Your history. Once your establishment is on an inspector's watch list, every rule is enforced more aggressively. First-offense warnings become second-offense fines quickly.

Where to Find Your Exact Rules

Three starting points:

Our state-by-state regulations database lists the plumbing code and state regulatory authority for all 51 US states.
Our city requirements database covers 246 cities with pumping frequency, permit fees, fines, and ordinance references.
Your local wastewater utility's FOG program page is the authoritative source. Search "[your city] FOG program" or "[your city] grease trap ordinance."

What to Do if You're Unsure

When regulations are unclear or contradictory:

Call your local wastewater authority directly. Most cities have a FOG program officer who will explain rules in writing.
Ask for the ordinance citation. "What section of the municipal code requires monthly pumping?" is a fair question and should get a citation in response.
Get written guidance. Email is better than phone for compliance questions. Save the thread.
When in doubt, pump sooner and size up. Under-sizing and under-pumping cost far more than margin.

For a deeper explainer of how traps actually work and why the rules exist, read our guide on how grease traps work. For the specific pumping threshold, see the 25/50 rule.

Disclaimer: This article is for general informational purposes only. Always verify current requirements with your local wastewater authority before making compliance decisions. Last updated: April 2026.