This clean air and water compliance checklist covers what the Clean Air Act and Clean Water Act ask of a small U.S. site owned from Canada or India. See the overview.
What the law requires
| Activity | What the rule asks |
|---|---|
| Building on 1 acre or more | Stormwater coverage before grading (notice of intent, pollution prevention plan) |
| Industrial site in a listed category | ILR00 coverage or a no-exposure certification |
| Wastewater to surface water or ground | NPDES permit first |
| Oil storage over 1,320 gallons aboveground | Written SPCC plan if a spill could reach waters |
| Refrigerant | No venting; certified technicians; HFC systems of 15 pounds or more need repairs, generally within 30 days, past set leak rates |
| Auto body spraying; dry cleaning | Certified painters, 98% filters; Subpart M rules and the Illinois license |
Numbers and dates that matter
| Item | Amount or date | Year |
|---|---|---|
| CWA court penalty | $68,445 a day per violation | 2025 amount, in force 2026 |
| CAA court penalty | $124,426 a day per violation | 2025 amount |
| Criminal, knowing | CWA: up to 3 years in prison, a fine of $5,000 to $50,000 a day, or both; CAA a federal fine, up to 5 years, or both | Statutory |
| Illinois civil ceiling | $100,000 plus $25,000 a day, indexed each July 1 from 2026 | 2025 base |
Source: eCFR, 40 CFR 19.4
Changes and pending items
- Jan 1, 2026: HFC leak-repair rules began. EPA proposed May 26, 2026 to exclude transport refrigeration units; no final action found.
- A Dec 18, 2024 rule phases perchloroethylene out of dry cleaning in three steps, set at 180 days, then 3 years, then 10 years; EPA is reconsidering, and we found no proposal changing those steps by October 2026.
- From July 1, 2026 Illinois maximums rise yearly by a price index; we did not find adjusted figures. No 2026 federal adjustment applies (OMB memo M-26-11).
The clean air and water compliance checklist: the Gutter-Chimney-Tank Tour
The Gutter-Chimney-Tank Tour has six stops.
- Gutters. Industrial site: you need either a no-exposure certification or ILR00 coverage.
- Ground. Before grading 1 or more acres, file the notice and plan; see local permits and startup steps.
- Drains. Discharge wastewater only under an NPDES permit.
- Tanks. Total oil containers of 55 gallons or more; past 1,320 gallons, write an SPCC plan.
- Chimneys. Check painter certificates, booth filters or the dry-cleaning license.
- Coolers. List refrigerant systems; log leak rates at 15 pounds or more.
Common mistakes
- Grading before stormwater coverage is in place.
- Operating an industrial site without ILR00 coverage or a no-exposure form.
- Venting refrigerant, or uncertified staff opening a circuit.
- Over 1,320 gallons of oil with no SPCC plan.
When to bring in an attorney
- EPA, the Army Corps or Illinois EPA sends a violation notice or warrant.
- You plan work in wetlands or near streams.
- You buy or sell a possibly contaminated site.
How we can help
We handle the U.S. tax, payroll and accounting side and work with your attorney, Canadian CPA or Indian Chartered Accountant. See bookkeeping and accounting and business formation and registrations.
Frequently asked questions
Are environmental fines tax deductible?
Generally not. Section 162(f) bars amounts paid to a government for a violation; compliance amounts need an order identifying them.
Does the 2026 HFC rule cover home air conditioning?
No. The rule leaves out residential and light commercial air conditioning, as well as heat pumps.
Who enforces in Illinois?
The county State's Attorney or Attorney General can sue; anyone may file a complaint with the Pollution Control Board.
Is free help available?
Yes. Illinois' small business environmental assistance program is free and confidential; see small business resources.
Official sources
- eCFR: 40 CFR 19.4, civil monetary penalty adjustments
- Illinois General Assembly: 415 ILCS 5/42, Environmental Protection Act penalties
- Illinois EPA: Industrial stormwater permits
- EPA: HFC leak repair fact sheet (January 2026)
- EPA: WOTUS rule status and litigation update
This page summarizes public guidance in plain language. If anything here differs from the official source, the official source controls.