Illinois Administrative Code
Title 2 - GOVERNMENTAL ORGANIZATION
Part 2175 - ORGANIZATION, PUBLIC INFORMATION, AND TYPES OF PROCEEDINGS
Subpart E - RULEMAKING
Section 2175.500 - Proposals

Universal Citation: 2 IL Admin Code ยง 2175.500

Current through Register Vol. 48, No. 12, March 22, 2024

a) Rulemaking procedures are in the Board's procedural rules at 35 Ill. Adm. Code 102.

1) The Act provides for five types of rulemakings:
A) Identical-in-substance rulemakings, as defined in Sections 7.2, 10(H), 13.3, 13, 17.5, 22.4, 22.7, and 22.40, of the Act (415 ILCS 5/7.2, 10(H), 13.3, 13, 17.5, 22.4, 22.7, and 22.40) (see 35 Ill. Adm. Code 102.610);

B) Federally required rules, as defined in Section 28.2 of the Act [ 415 ILCS 5/28.2] (see 35 Ill. Adm. Code 102.Subpart E);

C) Other regulatory proposals, both of general applicability and not of general applicability, as allowed by Sections 26, 27, and 28 of the Act [415 ILCS 5/26, 27, and 28] (see 35 Ill. Adm. Code 102.Subpart B);

D) Clean Air Act fast-track rulemakings, as defined by Section 28.5 of the Act [415 ILCS 5/28.5] (see 35 Ill. Adm. Code 102.Subpart C); and

E) Updating incorporations by reference, as allowed by Section 28.6 of the Act [415 ILCS 5/28.6] (see 35 Ill. Adm. Code 102.211 ).

2) The IAPA provides for three types of rulemakings:
A) General rulemaking under Section 5-40 of the IAPA [5 ILCS 100/5-40], which includes first notice and second notice (see 35 Ill. Adm. Code 102.600 -102.608);

B) Emergency rulemaking under Section 5-45 of the IAPA [5 ILCS 100/5-45] (see 35 Ill. Adm. Code 102.612 ); and

C) Peremptory rulemaking under Section 5-50 of the IAPA [5 ILCS 100/5-50] (35 Ill. Adm. Code 102.614 ).

b) Proposals for the adoption, amendment, or repeal of a substantive regulation may be made by the Agency, the Illinois Department of Natural Resources (Department), the Board, or any member of the public. Only the Agency may propose a Clean Air Act fast-track rulemaking [415 ILCS 5/28.5]. Proposals made by the Agency, Department, or Board are automatically scheduled for hearings.

c) In the case of a proposal made by a member of the public, the proposal must be accompanied by a petition signed by 200 persons, specifying home addresses, unless that requirement is waived by the Board. When the proposal is accompanied by a petition, the matter is placed on the agenda for Board decision.

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