Do you know the EHS requirements of your US states?

In the United States, the states are chiefly charged with implementing EHS requirements that are established at the federal level. However, states often adopt more stringent requirements within the framework of the national regulations or even additional, wholly unique programs for which there is no federal counterpart. As a result, if facilities are assessing their compliance only against federal-level laws and regulations they are leaving themselves open to significant liability for noncompliance. Enhesa’s US state audit protocols provide the user with complete coverage of all relevant state and federal EHS requirements as well as providing clear guidance on which state-level requirements are the same as their federal equivalents and which ones have more stringent requirements.

Below is a list of just a few of the important state-level requirements that Enhesa’s team of US consultants have analyzed in recently released state audit protocols.


Companies located in the Chicago area that operate a fleet of 10 or more vehicles may be subject to the Clean Fuel Fleet Program (CFFP), which requires them to register with the Illinois EPA and to include in their fleet a certain number of vehicles that are certified as meeting EPA fuel and emission standards for low-emission vehicles.

Illinois’ underground storage tank regulations do not contain the federal exemption for tanks used to store heating oil.


 Besides having nonattainment New Source Review (NSR) and Prevention of Significant Deterioration (PSD) permit requirements, Alabama requires any person constructing or modifying any air contaminant source to apply for a permit from the Alabama Department of Environmental Management. A list of source types or sizes that are exempted from permitting is not provided. Rather, the Department determines, on a case-by-case basis, whether or not a source is exempted.

Alabama requires several additional requirements for used oil generators. Used oil generators must ensure that used oil is only transported off-site by transporters who have obtained an Alabama Used Oil Transport Permit as well as an U.S. EPA Identification Number. Furthermore, certain used oil generators are required to obtain an U.S. EPA Identification Number prior to generating used oil and annually submit a Notification of Regulated Waste Activity and Certifications of Waste Management to the Alabama Department of Environmental Management.

New Jersey

Facilities are required to maintain wastewater discharge measuring records for five years rather than three years, which is the federal requirement.

Under the Toxic Catastrophe Act (TCPA), any facility handling, using, storing, manufacturing, or generating extraordinarily hazardous substances at or above established threshold quantities is required to perform an inherently safer technology (IST) review to identify alternatives to eliminate or reduce the risk of an extraordinarily hazardous substance release.  After the IST review, a facility is required to implement actions to reduce the potential consequences and likelihood of a release to the facility’s surrounding community.  A facility is also required to submit IST review reports to the New Jersey Department of Environment Protection.

 The New Jersey Release and Pollution Prevention Reporting program (RPPR) is similar to the federal Toxics Release Inventory (TRI) requirements. However, the RPPR has a lower chemical substance handling threshold that triggers a facility to comply with reporting requirements.  The RPPR threshold for reporting is 10,000 pounds for reportable substances manufactured, processed, and otherwise used during a reporting year, while the federal threshold is 10,000 pounds for substances otherwise used and 25,000 pounds for substances manufactured or processed.


Connecticut greenhouse gas emissions reporting requirements are more stringent than the recent federal rule. In Connecticut, all facilities that are regulated under Title V of the U.S. Clean Air Act and the Connecticut Global Warming Solutions Act must report their greenhouse gas emissions regardless of the amount of greenhouse gases actually emitted by the facility.

As one of the states participating in the Regional Greenhouse Gas Initiative (RGGI) cap-and-trade program, there are restrictions placed on electricity generators in Connecticut with a nameplate capacity equal to or great than 25 MWe. CO2 emissions from power plants of greater than 25 MWe are capped for the period 2009 through the beginning of 2015. Between 2015 and 2019, Connecticut will cut the allowable CO2 levels by 10 percent below 2009 levels.

For more information on how Enhesa can help you to track, understand, and comply with US state EHS requirements please contact us at or call the Washington, DC office at +1-202-552-1090.


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