Most small-business touchpoints with federal environmental rules come from two laws, the Clean Air Act and Clean Water Act. The Clean Air Act (CAA) covers emissions and refrigerants; the Clean Water Act (CWA) covers discharges, stormwater and oil spills. Enforcement of both falls to the U.S. Environmental Protection Agency (EPA), while the Illinois EPA issues state permits. This page is for owners who run or lease a U.S. site from Canada or India.
Who do the Clean Air Act and Clean Water Act cover?
| Activity | Federal rule | Illinois pointer |
|---|---|---|
| Building on 1 acre or more (or less, in a larger plan) | Stormwater permit | ILR10; $250 under 5 acres, $750 from 5 acres |
| Industrial sites in 11 categories (such as manufacturing and scrap yards) | Stormwater permit or no-exposure certification | ILR00; $500 new, renewal free |
| Aboveground oil storage over 1,320 gallons | SPCC spill plan, needed if a spill could reach waters | Same rule |
| Handling refrigerant | Certified technicians, no venting; leak repair for HFC systems of 15 pounds or more (not residential or light commercial AC) | Same |
| Auto body spraying | Trained painters, filtered booth | ROSS: $235 a year for small air sources |
| Dry cleaning | Perchloroethylene rules (Subpart M) | Annual license, $1,500 to $5,000 |
What it means for a foreign-owned or cross-border business
| Situation | What the law says | What to check |
|---|---|---|
| A foreign-owned LLC leases a warehouse or shop | Rules attach to the activity: stormwater, oil storage, refrigerant, spraying | Who holds permits under the lease; site activities |
| A parent in India builds a first U.S. plant | Stormwater coverage is needed before disturbing 1 or more acres | Grade only after coverage starts |
| The owner abroad funds permits, upgrades or fines | Fines paid to a government are generally not deductible (IRC 162(f)); the cleanup-cost election ended for costs after 2011 | Owner contributions are Form 5472 items for a foreign-owned single-member LLC |
| Staff and contractors | Refrigerant technicians and auto body painters need certification | Certificates of the people doing the work |
Page 2 has the rules, penalty amounts, changes and the Gutter-Chimney-Tank Tour, a site walk: see the rules and checklist. Local steps: Illinois licenses, permits and zoning, small business resources and the OSHA page.
Frequently asked questions
Is an EPA permit required for every small business?
No. A permit depends on the activity, such as acres disturbed, discharges or emissions.
What if we find a violation ourselves?
EPA's small-business policy (100 or fewer employees) can reduce or eliminate penalties if you disclose within 21 days of discovery and correct the problem. Criminal conduct and repeat violations are among the exclusions.
Official sources
- EPA: Stormwater discharges from construction activities
- EPA: Section 608 refrigerant management
- Illinois EPA: Construction stormwater permits
- Illinois DCEO: Small Business Environmental Assistance Program
- eCFR: 40 CFR 19.4, civil monetary penalty adjustments
This page summarizes public guidance in plain language. If anything here differs from the official source, the official source controls.